15888 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1926

Steel Erection Negotiated Rulemaking

Advisory Committee

AGENCY: Occupational Safety and Health

Administration (OSHA), Labor.

ACTION: Notice of committee meeting.

SUMMARY: Under the provisions of the

Federal Advisory Committee Act

(FACA), notice is hereby given of a

meeting of the Steel Erection Negotiated

Rulemaking Advisory Committee

(SENRAC). Notice is also given of the

location of the meeting. This meeting

will be open to the public. Information

on room numbers will be available in

the lobby of the designated building. A

schedule of additional meetings will be

provided in a future notice.

DATES: The meeting is scheduled for

April 17–19, 1995. The meeting will

begin at 1:00 p.m. on April 17th.

ADDRESSES: Hyatt Hotel at Dulles

Airport—2300 Dulles Corner Boulevard,

Herndon, VA 22071; telephone (703)

713–1234.

FOR FURTHER INFORMATION CONTACT: Ann

Cyr, Acting Director, Office of

Information and Consumer Affairs,

OSHA, U.S. Department of Labor, Room

N–3647, 200 Constitution Avenue,

N.W., Washington, D.C. 20210;

telephone (202) 219–8151.

SUPPLEMENTARY INFORMATION: On May

11, 1994, OSHA announced that it had

established the Steel Erection

Negotiated Rulemaking Advisory

Committee (SENRAC)(59 FR 24389) in

accordance with the Federal Advisory

Committee Act (FACA), the Negotiated

Rulemaking Act of 1990 (NRA) and

section 7(b) of the Occupational Safety

and Health Act (OSH Act) to resolve

issues associated with the development

of a Notice of Proposed Rulemaking on

Steel Erection. Appointees to the

Committee include representatives from

labor, industry, public interests and

government agencies.

SENRAC began negotiations in mid

June, 1994, and has met six times since.

Initial meetings dealt with procedural

matters, including schedules, agendas

and the establishment of workgroups.

The Committee established workgroups

to address issues on Fall Protection,

Allocation of Responsibility,

Construction Specifications and Scope.

During subsequent meetings,

foundations for negotiations have been

established and preliminary resolutions

of issues are now occurring at the

meetings.

All interested parties are invited to

attend the Committee meetings at the

time and place indicated above. No

advanced registration is required.

Seating will be available to the public

on a first-come, first-served basis.

Individuals with disabilities wishing to

attend should contact the Facilitator to

obtain appropriate accommodations.

During the meeting, members of the

general public may informally request

permission to address the Committee.

Minutes of the meetings and materials

prepared for the Committee will be

available for public inspection at the

OSHA Docket Office, N–2625, 200

Constitution Ave., N.W., Washington,

D.C. 20210; telephone (202) 219–7894.

Copies of these materials may be

obtained by sending a written request to

the Facilitator.

The Facilitator, Philip J. Harter, can

be reached at Suite 404, 2301 M Street,

NW, Washington, D.C. 20037; telephone

(202) 887–1033, FAX (202) 887–1036.

Authority: This document was prepared

under the direction of Joseph A. Dear,

Assistant Secretary of Labor for Occupational

Safety and Health, U.S. Department of Labor,

200 Constitution Avenue, N.W., Washington,

D.C. 20210, pursuant to section 3 of the

Negotiated Rulemaking Act of 1990, 104 Stat.

4969, Title 5 U.S.C. 561 et seq.; and Section

7(b) of the Occupational Safety and Health

Act of 1970, 84 Stat. 1597, Title 29 U.S.C.

656.

Signed at Washington, DC, this 22nd day

of March 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 95–7527 Filed 3–27–95; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Chapter II

Review of Existing Regulations

AGENCY: Minerals Management Service,

Interior.

ACTION: Review of regulations; request

for comment.

SUMMARY: In a March 1, 1994, document

(59 FR 9718), the Minerals Management

Service (MMS) announced its intent to

establish periodic reviews of its

significant regulations and asked the

public to participate in the reviews. The

purpose of the reviews is to identify and

eliminate regulations that are obsolete,

ineffective, or burdensome. In addition,

the reviews are meant to identify

essential regulations that should be

revised either because they are unclear,

inefficient, or interfere with normal

market conditions. Comments were

received from the March 1 document

(the Notice) and acknowledged by MMS

in a July 15, 1994, document (59 FR

36108).

The purpose of this document is to:

Provide a status update of the MMS

action taken on the regulations

identified in the March 1 review; and

provide the public a second opportunity

to identify MMS regulations that should

be eliminated or revised. A list of

regulations identified for elimination

will be sent to the President by June 1,

1995.

DATES: Written comments must be

received by April 27, 1995.

ADDRESSES: Mail written comments to

Department of the Interior; Minerals

Management Service; Mail Stop 4013;

1849 C Street NW.; Washington, DC

20240; Attention: Bettine Montgomery,

MMS Regulatory Coordinator, Policy

and Management Improvement.

FOR FURTHER INFORMATION CONTACT:

Bettine Montgomery, Policy and

Management Improvement, telephone

(202) 208–3976; Fax (202) 208–4891.

SUPPLEMENTARY INFORMATION: MMS

began a review of its regulations in early

1994 pursuant to the directives

contained in the President’s Executive

Order 12866. The Executive Order calls

for periodic regulatory reviews to ensure

that all significant regulations are

efficient and effective, impose the least

possible burden upon the public, and

are tailored no broader than necessary to

meet the agency’s objectives and

presidential priorities.

MMS invited the public to participate

in the regulatory review. The invitation

was sent out via different media, namely

a notice dated March 1, 1994 (59 FR

9718), MMS and independent

publications, and public speeches by

MMS officials during that time.

MMS received approximately 40

public comments which were almost

equally divided between its Royalty

Management and Offshore Minerals

Management Programs. MMS

acknowledged the comments in a July

15, 1994, notice (59 FR 36108) and set

forth its planned actions to address the

comments, along with an estimated

timetable for the actions.

This notice updates the MMS planned

actions and related timetables. This

notice also requests additional

comments form the public identifying

regulations that should be either

eliminated or revised.

In recent years, MMS has made an

effort to work more closely with its

regulated customers and will increase
Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15889

this effort in the future. During the past

year, MMS has worked with

representatives from organizations

affected by its regulations and brought

them into the early development of two

major rulemakings. The representatives

formed committees or work groups

under the negotiated rulemaking

process. They either have been or will

be working together to form a consensus

on some very difficult and sometimes

contentious issues. The representatives

function as the spokesperson on behalf

of either industry, States, Tribes, or

local governments.

MMS is committed to working more

closely with its regulated customers in

the future; moving from a process of

regulation to one of partnership, with

common objectives. In a speech on

February 21, 1995, the President asked

all Federal agencies to pursue a similar

course. He asked them to change their

regulatory culture by consulting more

frequently with the people affected by

their (the agency) regulations, in

particular by convening groups

consisting of front-line regulators and

the regulated public, in order to find

ways to achieve the public interest

while avoiding costly litigation. The

President also asked all agencies to

identify (by June 1, 1995) regulations

that can be eliminated and to change the

way they measure performance

(focusing on achieving regulatory

objectives rather than on increasing

compliance orders). MMS is interested

in comments from the public on how we

can best respond to the President’s

guidance.

MMS regulations are found at Title 30

in the Code of Federal Regulations. Parts

201 through 243 contain regulations

applicable to MMS’ Royalty

Management Program; Parts 250 through

282 are applicable to MMS’ Offshore

Minerals Management; and Part 290 is

applicable to Administrative Appeals.

Status Report

The following is a discussion showing

the progress MMS has made in

reviewing its regulations in response to

the comments received to the Notice.

A. Offshore Minerals Management

(OMM) Program

In response to the public comments

on the Notice, OMM is currently

reviewing the following eight sections of

OMM regulations.

1. Regulations Applicable to Production

in Deepwater (30 CFR Part 250, Subpart

H, Production)

Comments Received—(a) ‘‘Revise

current regulations to provide for

approval of extended flaring periods

under certain situations (e.g., deepwater

prospects, well tests, etc.) and clarify

criteria for flaring or venting small

amounts of gas’’,

(b) ‘‘Revise requirements associated

with subsea installations * * *, etc.

Action Planned—An MMS workgroup

is finalizing a report that recommends

revising various policies and regulations

associated with deepwater

development. The workgroup will

submit the final report to MMS

management in March 1995. The report

will include the following

recommendations:

For (a) above, current regulations

provide sufficient flexibility to meet

industry needs while all parties gain

greater experience with deepwater

operations. MMS will continue

approving requests for extended gas

flaring and well testing on a case-bycase basis. Regions will establish

regional guidelines for approval of

extended testing and flaring.

For (b) above, revise the leakage rates

and extend the testing frequency and

closure time requirements for

underwater safety valves and subsurface

safety valves for subsea wells. MMS will

consider an alternate arrangement of

underwater safety valves for subsea

wells on a case-by-case basis. MMS will

not revise the leakage rate requirements

for surface safety valves at this time.

This recommendation also addresses

emergency shutdown system

requirements for subsea wells.

Timetable—Based on the

recommendations of the workgroup,

MMS will formulate a policy on

deepwater activities. MMS will

continue to work with operators under

existing regulations when appropriate.

2. Regulations Applicable to Blowout

Preventer (BOP) Testing and

Maintenance Requirements (30 CFR

250.56 and 57)

Comments Received—‘‘Revise BOP

testing regulations to allow for less

frequent and shorter tests. Allow 14 day

BOP test interval vs. current 7 day

* * *.’’

Action Planned—MMS recently

completed a study to assess the

performance of BOP systems during

testing. The results of this study did not

support industry claims about the high

reliability of BOP equipment or provide

justification for less frequent testing.

Timetable—MMS will continue its

review of BOP testing and maintenance

requirements, with a focus on stricter

maintenance requirements. With

improved performance, MMS would

consider if further flexibility on BOP

testing frequency can be provided to

industry. At this time, MMS does not

plan on revising its regulations.

3. Regulations Governing Safety and

Pollution Prevention Equipment (30

CFR 250.126)

Comments Received—‘‘Reduce

associated administrative burden on

lessees and operators by eliminating

unnecessary record keeping

requirements (i.e., inventory lists,

paperwork notifications, etc.).’’

Action Planned—MMS considered

the use of a negotiated rulemaking as

part of this review.

Timetable—MMS has initiated the

‘‘convening’’ stage of the negotiated

rulemaking. This stage is nearing

completion and the ‘‘convener’s’’

recommendation on whether to proceed

with the negotiated rulemaking will be

made by April 1995. If the ‘‘convener’’

recommends against a negotiated

rulemaking, MMS will use other means

to address this issue.

4. Regulations Governing Conservation

of Resources and Diligence (30 CFR 250,

Subpart A, General and Subpart K, Oil

and Gas Production Rates)

Comments Received—(a) ‘‘Revise

Suspension of Production approval/

lease holding criteria * * *’’, (b)

‘‘Revise Determination of Well

Producibility to make wireline testing

and/or mud logging analysis optional

* * *’’, (c) ‘‘revise current regulations

to provide for approval of extended

flaring periods * * *’’, (d) ‘‘Relax

restrictions on commingling reservoirs

in a common wellbore * * *’’, (e)

‘‘Allow flexibility in the methods of

testing subsea wells. * * *’’, etc.

Action Planned—(a), (b), and, (d)

above have been reviewed by MMS.

MMS is considering options to revise

the regulations. For (c) above, MMS will

review current regulations when air

quality studies currently underway are

completed. For (e) above, MMS will not

change the regulations. Current

regulations allow operators to request

that different testing methods be

allowed when conventional testing is

impractical.

Timetable—For (a), (b), and, (d)

above, the course of action should be

determined by the summer of 1995.

Rulemaking will be initiated if

appropriate.

5. Regulations Regarding Construction

and Removal of Platforms and

Structures (30 CFR 250, Subpart I,

Platforms and Structures)

Comments Received—(a) ‘‘Modify

platform design wave return period

calculation by placing a cap of 100 years

on the field life calculation * * *’’, (b)
15890 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules

‘‘Adopt API RP2A (20th edition) Section

14, Surveys, in its entirety * * *’’, (c)

‘‘Revise site clearance requirements

* * *’’, (d) ‘‘Revise requirements for

placing protective domes over well

stubs * * *’’, etc.

Action Planned—For (a) above, MMS

has reviewed this request. MMS is

reviewing options to revise its

regulations. For (b) above, MMS will not

modify the regulations. Current rules

allow operators to petition for longer

inspection intervals. For (c) and (d)

above, MMS published a notice on

February 1, 1995 (60 FR 6281), asking

for comments on these issues. Based on

the responses, MMS will formulate a

policy.

Timetable—For (a) above, the course

of action should be determined by the

summer of 1995. Appropriate action

will follow. For (c) and (d) above,

comments were due on March 3, 1995.

MMS will consider regulatory options

following analysis of the comments. A

course of action should be established

by the fall of 1995.

6. Regulations Applicable to Directional

Surveys (30 CFR 250.51)

Comments Received—‘‘Revise

directional survey requirements to allow

a composite measurement-while-drilling

directional survey to be acceptable

* * *’’

Action Planned—MMS has completed

a review of this issue and is planning to

update the regulations to keep up with

current technology.

Timetable—Proposed changes to the

regulations are being circulated

internally. Proposed rule should be

prepared by summer of 1995.

7. Regulations Applicable to Daily

Pollution Inspection Requirements (30

CFR 250.41)

Comments Received—‘‘Revise current

requirements for daily pollution

inspection of unmanned production

facilities * * *.’’

Action Planned—MMS is currently

studying this issue to see if changes to

the regulations are warranted.

Timetable—By summer of 1995, MMS

will make a decision on whether

changes to the regulations are needed.

8. Regulations Applicable to Production

Safety System Training (30 CFR

250.214)

Comments Received—‘‘Revise

training regulations to reduce the

associated burden on operators by

modifying requirements (e.g., frequency,

refresher requirements, structure, etc.)

and allow expanded training delivery

modes.’’

Action Planned—MMS has issued an

Advance Notice of Proposed

Rulemaking and received comments. A

Notice of Proposed Rulemaking (NPR)

which would provide greater flexibility

to Industry is being prepared at this

time.

Timetable—The NPR should be

published by late 1995.

B. Royalty Management Program (RMP)

RMP is reviewing regulations in the

following six areas.

1. Regulations Applicable to Valuation

of Gas Produced From Unitized/

Communitized Properties (Takes vs.

Entitlements). Also, Regulations

Applicable to Non-Arm’s-Length Sales

(30 CFR 202), and Payment/Reporting

Systems

To resolve the complex issues dealing

with the valuation of gas for royalty

purposes, MMS is using the negotiated

rulemaking process. This process

enables MMS to arrive at a consensus

with industry, the States, and Indian

tribes. All Committee meetings are

announced in the Federal Register.

Comments Received—‘‘Regulations

concerning Takes vs. Entitlements are

confusing and make compliance

difficult * * * valuing gas under a nonarm’s-length transaction is burdensome

* * *.’’

Action Planned on Federal Leases—

Formed the Federal Gas Valuation

Negotiated Rulemaking Committee with

representation from MMS, industry, and

the States. The Committee addressed

valuation of gas produced from

agreements (Takes vs. Entitlements), the

benchmark valuation system for valuing

gas sold under non-arm’s-length

contracts, and reporting simplicity and

administrative cost savings. MMS is

now preparing a proposed rule based on

the consensus arrived at by the

Committee in early February.

Timetable—MMS plans to publish a

proposed rule by mid-1995.

Action Planned on Indian Leases—

MMS has obtained approval for a

negotiated rulemaking for revising

Indian gas valuation regulations. An

informal MMS group had been studying

the issues, but MMS has now

superseded this group with the Indian

Gas Valuation Negotiated Rulemaking

Committee. This Committee consists of

representatives from MMS, various

Indian tribes, the Council of Energy

Resources Tribes, the Bureau of Indian

Affairs, and industry. The Committee

will discuss major portion analysis, dual

accounting, and percentage of proceeds

contracts.

Timetable—The first meeting of the

Committee was held on February 22 and

23, 1995.

2. Regulations Clarifying the

Responsibilities of Payors and Lessees

(30 CFR 218 and 211)

Comments Received—‘‘Existing

regulations are unclear as to the

obligations and liabilities of payors and

lessees.’’

Action Planned—A workgroup was

assembled to review the options

associated with this issue. The

workgroup reached agreement and

developed a proposed rule. The rule

will establish liability for royalty due on

Federal and Indian leases, and will

clarify the responsibility to pay and

report royalty and other payments.

Timetable—MMS plans to publish the

proposed rule by mid-1995.

3. Refunds Due to Industry Which Are

Controlled by Section 10 of the Outer

Continental Shelf Lands Act

Comments Received—Industry has

difficulty complying with the 2-year

limitation on refunds. There is an

inequity between the 2-year refund

requirement and the no-year limitation

for MMS to collect royalty

underpayments.

Action Taken—On July 28, 1994,

MMS published a final rule titled

‘‘Offsets, Recoupments and Refunds of

Excess Payments of Royalties, Rentals,

Bonuses, or Other Amounts Under

Federal Offshore Minerals Leases’’ (59

FR 38359). This rule established

procedures for obtaining refunds and

credits of excess payments and clarifies

what payments are not subject to

Section 10’s requirements. The rule also

provides for a de minimus exception to

the MMS approval process.

4. Penalties and Assessments

Comments Received—Recent

regulations and pending legislation tend

toward ever increasing penalties and

assessments. Sufficient incentives

already exist to ensure correct and

timely payments. Many reporting errors

by payors are due to unavoidable

circumstances. Severe penalties are

unjustified.

Action Taken—MMS has used

penalties and assessments not so much

to punish but to ensure compliance with

the Federal Oil and Gas Royalty

Management Act (FOGRMA). FOGRMA

requires MMS to distribute money to

shareholders in the same month it is

collected from payors on Federal and

Indian leases. Without an effective

strategy to encourage timely and

accurate reporting, the collection and

distribution system could quickly fall
Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Proposed Rules 15891

out of compliance with the demands of

the legislation. MMS, however, is

looking at situations where it can ease

some of the reporting requirements and

minimize assessments. For example,

MMS has taken action to adjust its

billing thresholds to minimize

‘‘nuisance’’ bills for trivial assessments.

In a related area, MMS is addressing

the financial impacts incurred by payors

that fail to timely file certain forms.

MMS formed a study group to evaluate

the existing regulatory requirements for

oil and gas allowances including the

assessments and sanctions for untimely

filed forms. The Study Group was

comprised of representatives from

MMS, industry, and the State and Tribal

Royalty Audit Committee. It addressed

the need for and equity of allowance

payback and late payment interest

charges for untimely filed forms. The

Study Group found that the penalties

were not consistent with the crime and

proposed alternatives to the payback

penalty. MMS has prepared two

proposed rules to implement the Study

Group’s recommendations—one dealing

with oil and gas, and one dealing with

coal.

Timetable—MMS plans to publish the

proposed rules by mid-1995.

5. The Appeals Process

Comments Received—Current appeals

process is too long.

Action Taken—MMS has undertaken

a streamlining review of its

administrative appeals process. MMS

has transferred decisionmaking on

routine appeals from the Appeals

Division to the Royalty Management

Program. This has reduced the Appeals

Division’s workload by 20 percent and

freed up staff to work on more complex

appeals cases.

MMS also initiated three pilot

programs in its streamlining efforts. One

pilot program aims to decrease the time

and expense incurred by MMS in its

preparation of an appellant’s

administrative record. A second pilot

program involves reformatting the

decisionmaking process to speed the

issuance of shorter, more timely

decisions. The third pilot program will

test the use of alternative dispute

resolution mechanisms to resolve many

of the administrative appeals.

Timetable—The first two pilots were

put in place the latter half of 1994, and

the third pilot began the end of February

1995.

6. Other

Comments Received—MMS received

unfavorable comments on proposed

rules concerning administrative offset

and credit adjustments. Comments were

also received about closing audit

periods and receiving orders to perform

self-audits. Finally, there were

comments received about the estimated

royalty payment system and that

guidance given to payors over the phone

was overruled by RMP auditors.

Action Taken—The administrative

offset and credit adjustment rules have

been consolidated as a final rule. MMS

recognizes that many companies oppose

these rules but considers the rules to be

important enough that they should

proceed to the final rulemaking stage.

Some of the issues regarding closing

audit periods and orders to perform

recalculations of royalties are being

addressed in a manual MMS is

preparing on audit procedures. With

respect to the other comments received,

MMS will address them in order ways,

such as ongoing customer service

initiatives.

Timetable—Publication of the

administrative offset-credit adjustment

final rule is scheduled for mid-1995.

The audit manual will be available later

this year.

Dated: March 22, 1995.

Cynthia Quarterman,

Acting Director, Minerals Management

Service.

[FR Doc. 95–7534 Filed 3–27–95; 8:45 am]

BILLING CODE 4310–MR–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA–144–2–6918a; FRL–5179–3]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Diego County Air Pollution Control

District and San Joaquin Valley Unified

Air Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) which

concern the control of volatile organic

compound (VOC) emissions from fixed

and floating roof tanks at bulk plants

and terminals; and fugitives at light

crude oil production, gas production,

and natural gas processing facilities.

The intended effect of proposing

approval of these rules is to regulate

emissions of VOCs in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

EPA’s final action on this NPRM will

incorporate these rules into the federally

approved SIP. In addition, final action

on these rules will serve as a final

determination that deficiencies in each

rule identified by EPA in a limited

approval/limited disapproval action on

August 30, 1993 have been corrected

and that any sanctions or Federal

Implementation Plan (FIP) obligations

are permanently stopped. An Interim

Final Determination published in

today’s Federal Register will defer the

imposition of sanctions until EPA takes

final rulemaking action. EPA has

evaluated each of these rules and is

proposing to approve them under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

DATES: Comments must be received on

or before April 27, 1995.

ADDRESSES: Comments may be mailed

to: Daniel A. Meer, Rulemaking Section

[A–5–3], Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rules and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rules are

also available for inspection at the

following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123.

San Joaquin Valley Unified Air

Pollution Control District 1999

Tuolumne Street, Fresno, CA 93721.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Section [A–5–3], Air

and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, (415) 744–

1200.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being proposed for approval

into the California SIP include: San

Diego County Air Pollution Control

District (SDCAPCD) Rule 61.1,

Receiving and Storing Volatile Organic

Compounds at Bulk Plants and Bulk

Terminals; and San Joaquin Valley

Unified Air Pollution Control District

(SJVUAPCD) Rule 4403, Components

Serving Light Crude Oil or Gases at