[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Notices]
[Pages 31548-31549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15554]



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DEPARTMENT OF THE INTERIOR

Using Third Parties to Certify Training Programs for Lessee and 
Contractor Employees Working in Outer Continental Shelf (OCS) Oil, Gas, 
and Sulfur Operations

Agency: Minerals Management Service (MMS), Interior.

Action: Notice.

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Summary: The MMS requires certain people who work on the OCS to 
complete training programs certified by MMS. The MMS is considering 
having one or more third parties administer the training program 
certification process and has proposed a revision of MMS regulations to 
provide for this. The MMS, while not yet looking for third parties, 
invites questions on or comments about the role a third party might 
play in training program certification, should a decision be made to 
use them.

Dates: The public is invited to comment on this notice. The MMS will 
consider all comments we receive by July 22, 1996.

Addresses: You may mail or hand-carry your written comments on this 
notice to the Department of the Interior; Minerals Management Service, 
Mail Stop 4810; 381 Elden Street; Herndon, Virginia 22070-4817; 
Attention: Chief, Information and Training Branch.

For More Information Contact: Mr. Joseph Levine, Chief, Information and 
Training Branch, telephone (703) 787-1033 or fax (703) 787-1575.

Supplementary Information: The MMS has two principal objectives for 
using third parties--
    <bullet> improving workplace safety, worker training, and 
preventing pollution through the innovation third parties could bring 
by serving as ``think tanks'' for improved training; and
    <bullet> reducing government costs by shifting them to the 
regulated industry.
    The MMS has included a provision allowing the use of third parties 
in the proposed revisions (Federal Register, vol. 60, p. 55683, 11/2/
95) to its OCS worker training regulations (30 CFR 250, Subpart O, 
Training). The MMS decision to use third parties depends, in part, on 
whether MMS can identify and secure one or more suitable third parties. 
When released, the final rule will reflect whether MMS believes it will 
be able to do this. If MMS decides not to use third parties to do 
certification work, it would continue its role as certifier, and it 
might begin to recover costs from organizations seeking training 
program certification. This would not provide all the benefits of using 
a third party, but it would shift certification costs away from MMS.

Current Program

    Certain OCS oil and gas workers must pass job-specific training as 
required by the Subpart O regulations. The organization that provides 
the training gives each worker who passes it an MMS training 
certificate. Workers must be re-certified from time to time through 
additional training. The training organization provides MMS with 
information on worker certification within 30 days after a worker 
successfully completes training. The MMS monitors worker training and 
certification in a database. Each year MMS must update about 20 percent 
of the database's approximate 40,000 records.
    A training organization that teaches Subpart O training must have 
its programs reviewed periodically by MMS to determine whether they 
meet all regulatory requirements. If they do, MMS certifies the 
training programs conditionally, pending a successful onsite evaluation 
by MMS. Certification to teach a Subpart O training program is valid 
for 4 years. A training organization may request a 4-year renewal of a 
certified program at any time expect during the last 90 days of the 
initial certification period. The MMS treats a renewal application the 
same as it does an application for a new program.
    There are about 60 training organizations teaching MMS-approved 
programs in drilling, well-completion, well-workover, and well-
servicing well control operations. The MMS processes an average of 15 
requests for training program certification or re-certification each 
year.
    The MMS conducts unannounced training site evaluations on 10 
percent of all certified training programs each year. These 
evaluations, which follow standard procedures (i.e., appropriate 
entrance and exit interviews with students, instructors, and 
administrative staff, and good record checking) ensure that 
organization--
    <bullet> adhere to their approved training plans and technical 
manuals; and
    <bullet> maintain a proper learning atmosphere with regard to 
classroom instruction, hands-on instruction, and testing.

[[Page 31549]]

    The MMS also conducts unannounced audits on 25 percent of all 
certified training programs each year. These audits emphasize program 
record maintenance, classroom layout and function, and classroom or 
hands-on instruction. Finally, MMS tests students at the training site 
on a random basis to verify that they understand the curriculum.

Duties of a Third Party

    If adopted, third parties would continue much of what MMS does 
under the current program. They would also report periodically to MMS 
on their activities. These reports would include any significant 
certification or monitoring issues, ideas for improving training 
programs and techniques, and recommendations for enhancing worker 
safety and protecting the environment.
    Some specifics may include--
    <bullet> reporting to MMS on the certified training programs and 
the associated training organizations;
    <bullet> evaluating and reporting to the MMS the relationships 
between training program requirements and incidents that occur at 
offshore facilities (e.g., analyses of offshore operators' ``near-
miss'' and well ``kick'' data and well blowout prevention equipment); 
and
    <bullet> recommending changes to the certification process or MMS 
training program requirements.

Qualifications of a Third Party

    The MMS will consider several factors in choosing a third party.
    Certification fee structure. MMS would not pay third parties to do 
certification work. Instead, third parties would charge training 
organizations a service fee. The MMS would determine whether a fee is 
reasonable and equitable.
    Certifier's credentials. Third parties should have knowledge of and 
practical experience with oil and gas drilling, well-completion, well-
workover, well-supervising, and/or production activities. They also 
should be experienced at assessing teaching credentials and curricula. 
Training programs may include traditional instructor/classroom training 
as well as other training techniques (e.g., team-based or computer-
based).
    Reliability and responsiveness. Third parties would have to 
dedicate sufficient staff and resources to handle anticipated 
workloads; demonstrate that they can process certification requests 
competently and promptly; and install a system to maintain complete, 
up-to-date, and accessible records.
    Objectively. To avoid conflicts of interest, third parties could 
not consider certification requests from training organizations in 
which either the third party or the organization held a financial or 
business interest in the other. Third parties would honor certification 
requests from any other training organization. The MMS would expect 
third parties to develop a process for objectively reviewing training 
organization appeals.
    Training program assessment capabilities. Third parties would have 
to demonstrate they can assess training program performance. While MMS 
would not insist that third parties use the current monitoring 
techniques, MMS would expect a comparable program to be in place. Also, 
third parties would have to emphasize ``after-the-school'' workforce 
performance appraisals. In particular, MMS is interested in methods 
that assess knowledge retention, and how the training is applied in the 
workplace. Third parties would provide MMS with feedback on worker 
training improvements.
    MMS oversight. Third parties would assist MMS in its oversight role 
by helping investigate complaints about certification determinations 
and cooperating in MMS audits. The MMS also would expect third parties 
to grant MMS ex officio status on any of its governing boards or 
executive/management committees. Third parties would consult with the 
MMS on concerns over whether a proposed program meets MMS requirements. 
This might be important when third parties have to certify programs 
that involve new, unusual, or alternative techniques.

    Dated: June 10, 1996.
Thomas A. Readinger,
Acting Associate Director for Offshore Mineral Management.
[FR Doc. 96-15554 Filed 6-19-96; 8:45 am]
BILLING CODE 4310-MR-M