41892 Federal Register / Vol. 65, No.

131 / Friday, July 7, 2000 / Proposed Rules

was extremely complex and that 90 days number appearing at the top of this beneficial to the FHWA and the FTA in
was insufficient time to assess the document and must be submitted to the this rulemaking. For these reasons, the
impact of the proposed rules and Docket Clerk, U.S. DOT Dockets, Room FHWA and the FTA find good cause to
provide meaningful comments. We PL–401, 400 Seventh Street, SW., extend this NPRM comment period
agree that more time for an in-depth Washington, DC 20590–0001. All closing date by 30 days.
analysis of the NPRM would be comments received will be available for Authority: 23 U.S.C. 134, 135 and 315; 42
beneficial to the FHWA and the FTA in examination at the above address U.S.C. 7410 et seq.; 49 U.S.C. 5303–5309; 49
this rulemaking. For these reasons, the between 9 a.m. and 5 p.m., e.t., Monday CFR 1.48 and 1.51.
FHWA and the FTA find good cause to through Friday, except Federal holidays.
Issued on: June 30, 2000.
extend this NPRM comment period To receive notification of receipt of
Kenneth R. Wykle,
closing date by 30 days. comments you must include a self-
addressed, stamped envelope or Federal Highway Administrator.
Authority: 23 U.S.C. 134, 135 and 315; 42
U.S.C. 7410 et seq.; 49 U.S.C. 5303–5309; 49 postcard. Nuria I. Fernandez,
CFR 1.48 and 1.51. Federal Transit Deputy Acting Administrator.
FOR FURTHER INFORMATION CONTACT: For
Issued on: June 30, 2000. the FHWA: Mr. Fed Skaer, (202) 366– [FR Doc. 00–17159 Filed 7–6–00; 8:45 am]
Kenneth R. Wykle, 2058, Office of Planning and BILLING CODE 4910–22–M

Federal Highway Administrator. Environment, HEPE, or Mr. L. Harold

Nuria I. Fernandez, Aikens, (202) 366–0791, Office of the
Federal Transit Deputy Acting Administrator. Chief Counsel, HCC–31. For the FTA: DEPARTMENT OF THE INTERIOR
Mr. Joseph Ossi, (202) 366–0096, Office
[FR Doc. 00–17158 Filed 7–6–00; 8:45 am] Minerals Management Service
of Planning, TPL–22, or Mr. Scott Biehl
BILLING CODE 4910–22–M
(202) 366–0952, Office of the Chief
Counsel, TCC–30. Both agencies are 30 CFR Part 250
DEPARTMENT OF TRANSPORTATION located at 400 Seventh Street, SW., RIN 1010–AC65
Washington, DC 20590. Office hours for
Federal Highway Administration the FHWA are from 7:45 a.m. to 4:15 Oil and Gas and Sulphur Operations in
p.m., e.t., and for the FTA are from 8:30 the Outer Continental Shelf—
23 Parts 771, 1420, and 1430 a.m. to 5 p.m., e.t., Monday through Decommissioning Activities
Friday, except Federal holidays.
AGENCY: Minerals Management Service
Federal Transit Administration SUPPLEMENTARY INFORMATION: On May
25, 2000 (65 FR 33960), the FHWA and (MMS), Interior.
23 CFR Parts 1420 and 1430 the FTA published an NPRM proposing ACTION: Proposed rule.
to update and revise their National
SUMMARY: This proposed rule would
49 CFR Parts 622 and 623 Environmental Policy Act of 1969
amend MMS regulations governing oil
[FHWA Docket No. FHWA–99–5989] (NEPA) (42 U.S.C. 4321 et seq.)
and gas operations in the Outer
implementing regulation for projects
FHWA RIN 2125–AE64; FTA RIN 2132–AA43 Continental Shelf (OCS) to update
funded or approved by the FHWA and
decommissioning requirements. The
the FTA. The current regulation was
NEPA and Related Procedures for new layout of the rule follows the
issued in 1987 and experience since that
Transportation Decisionmaking, logical sequence of plugging a well,
time, as well as changes in the
Protection of Public Parks, Wildlife and decommissioning the platform and
legislation, most recently by the
Waterfowl Refuges, and Historic Sites pipeline, and clearing the lease site. The
Transportation Equity act for the 21st
proposed rule also updates
AGENCIES: Federal Highway Century (TEA–21) (Pub. L. 105–178, 112
requirements to reflect changes in
Administration (FHWA), Federal Stat. 107), call for an updated approach
technology. We restructured the
Transit Administration (FTA), DOT. to the implementation of NEPA for
requirements to make the regulations
ACTION: Notice of proposed rulemaking FHWA and FTA projects and actions.
easier to read and understand. The
(NPRM); extension of comment period. Under this proposed rulemaking, the
proposed technical changes will help
FHWA/FTA regulation for
SUMMARY: This document extends this ensure that lessees decommission
implementing NEPA would be revised
rulemaking’s comment period until facilities safely and effectively.
to further emphasize using the NEPA
September 23, 2000. This is in response process to facilitate effective and timely DATES: MMS will consider all comments
to numerous letters received by the decisionmaking. received by October 5, 2000. We will
FHWA and the FTA from State The FHWA and FTA have received begin reviewing comments at that time
Departments of Transportation, transit requests from the American Association and may not fully consider comments
operators, and metropolitan planning of State Highway and Transportation we receive after October 5, 2000.
organizations requesting an extension of Officials, the American Public ADDRESSES: If you wish to comment,
the comment period from the closing Transportation Association, the you may mail or hand-carry comments
date. These groups based their requests Association of Metropolitan Planning (three copies) to the Department of the
on the time required to assess the Organizations, and several State Interior; Minerals Management Service;
impact of these rules on the nation’s Departments of Transportation to extend Mail Stop 4024; 381 Elden Street;
highway and transit systems and the comment period. These groups Herndon, Virginia 20170–4817;
provide meaningful comments. voiced concerns that the proposed rule Attention: Rules Processing Team (RPT).
DATES: Comments to the NPRM should was extremely complex and that 90 days The RPT’s e-mail address is:
be received no later than September 23, was insufficient time to assess the rules.comments@mms.gov.
2000. Late comments will be considered impact of the proposed rules and Mail or hand-carry comments with
to the extent practicable. provide meaningful comments. We respect to the information collection
ADDRESSES: All signed, written agree that more time for an in-depth burden of the proposed rule to the
comments must refer to the docket analysis of the NPRM would be Office of Information and Regulatory

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41893

Affairs; Office of Management and Format of the Proposed Rule Section 250.1710 How Must I
Budget; Attention: Desk Officer for the We have written this proposed rule in Permanently Plug Wells?
Department of the Interior (OMB control a plain-language format with frequently We put the requirements in tabular
number 1010-New); 725 17th Street, asked questions and short answers. We format and added more plugging
N.W., Washington, D.C. 20503. have tried to set out these requirements options to update technology.
FOR FURTHER INFORMATION CONTACT: in a straightforward and uncomplicated Section 250.1711 What Are the
Sharon Buffington, Engineering and manner. The plain-language format uses Requirements If I Temporarily Plug a
Research Branch, at (703) 787–1147. the terms ‘‘you’’ or ‘‘I,’’ which refers to Well That I Plan To Re-enter?
SUPPLEMENTARY INFORMATION: In recent the lessee, the owners of operating
rights, and pipeline right-of-way To ensure that temporarily abandoned
years, decommissioning practices have wells are protected and to ensure that
received more attention, which has owners. We encourage your comments
on our use of the plain-language format those wells do not become an
resulted in changes in technology and obstruction, we included a requirement
practices. In 1996, at the request of in this proposed rule, as well as future
rulemaking. We also encourage your that subsea domes must be trawled over
MMS, the Marine Board of the National after they are installed.
Research Council (NRC) published a comments on including all of the
report titled ‘‘An Assessment of decommissioning requirements from 30 Section 250.1713 When Might MMS
Techniques for Removing Offshore CFR part 250, subparts G, I, and J into Consider Approving an Alternate
Structures.’’ On April 15–17, 1996, new subpart Q (at the end of the current Removal Depth?
MMS convened an International 30 CFR part 250 regulations). We
We listed the conditions under which
Decommissioning Workshop in New received comments at decommissioning
MMS might waive the requirement to
Orleans, Louisiana, to discuss the workshops that it was difficult to find
clear a well site to 15 feet below the
recommendations in the NRC report and our decommissioning requirements
mud line because we have received
current decommissioning industry because they were listed in three
many questions and comments
practices. The workshop drew over 475 subparts.
concerning this topic at
attendees to discuss and make New Requirements decommissioning workshops. However,
recommendations on OCS MMS still conducts a case-by-case
decommissioning operations. On Although the focus of this proposed
rule is on the plain-language rewrite, analysis of each request. We also added
August 8, 1996, MMS published a the possibility of allowing an alternate
notice in the Federal Register (61 FR and the reorganizing of subpart G into
new subpart Q, the rule does propose removal depth (above the mud line) for
41422) that requested comments on its wells in more than 800 meters of water.
plans to follow up on recommendations some new requirements. The following
received at the workshop. paragraphs identify and briefly discuss Section 250.1714 What Must I Do To
these proposed revisions. We welcome Clear a Well Site of Obstructions?
We also sponsored several other
your comments on these proposed We added the guidance listed in the
public workshops, including one in
requirements. Gulf of Mexico (GOM) OCS Region NTL
Ventura, California, on September 23–
25, 1997. The purpose of the workshops Section 250.1700 What Do the Terms 98–26 for site clearance, which was
was to continue the process of ‘‘Decommissioning’’ and ‘‘Obstructions’’ effective on November 30, 1998, into
discussing decommissioning activities Mean? this section.
and to receive recommendations. We also removed the site clearance
Since we are using the new industry verification method that uses a diver
The regulations in this proposed rule term of ‘‘decommissioning,’’ we have
were updated to incorporate the search around the wellbore because it
defined it. Also, we defined was infrequently used and not as
following into one subpart: ‘‘obstructions’’ so that we would not successful as other methods.
• Comments from decommissioning need to repeat the list of items that
workshops; should be removed unless MMS waives Section 250.718 What Are the
• Comments from the NRC report; the removal requirement case-by-case. Requirements for Removing Platforms
• Comments from the annual and Subsea Facilities?
Section 250.1704 When Must I Submit
regulatory reviews; Decommissioning Applications? To be consistent with lease
• Applicable Notices to Lessees stipulations, we clarified that within 1
(NTL); We included a new requirement that year after a lease terminates, a lessee
in the Pacific OCS Region and Alaska must remove all platforms and subsea
• Lease document requirements OCS Region, a lessee must submit an
pertaining to removals; and facilities according to the approved final
initial decommissioning application at decommissioning application. However,
• The MMS artificial reef policy. least 2 years before production ceases a lessee may receive approval to
We also support the recommendation with the general information listed in maintain the facilities to conduct
from the NRC to require that lessees § 250.1705. We are responding to an operations or a waiver to conserve the
only install platforms that can be industry trend to plan decommissioning structure as an artificial reef.
removed. We will be proposing this earlier. We encourage this practice We also clarified that a lessee must
requirement in a future update of the because industry representatives have remove subsea facilities in addition to
platform installation requirements. mentioned that it is the key to a ‘‘safe, removing the platform, since many
Research efforts are under way to conscious, and efficient additional facilities are used for field
determine out-of-service pipeline decommissioning project.’’ Also, MMS development.
flushing requirements. We will will need the information so we can be
incorporate the results of this research involved with the review on the ground Section 250.1719 What Information
into future updates of pipeline flushing floor planning of the world-class Must I Include in My Final Platform
requirements. We also are working on platform removals anticipated to occur Removal Application?
research efforts to improve facility on the OCS. We only anticipate a few We included the guidance from the
removal technology. applications a year for these areas. GOM OCS Region NTL 99–G21, dated

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
41894 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

September 13, 1999, to specify what Section 250.1722 What Is MMS’ Policy a requirement that the lessee must
information MMS needs in a platform on Converting a Platform or Other provide an unobstructed water column
removal application. Facility to an Artificial Reef or Other to respond to recommendations from
Use? the NRC.
Section 250.1721 When Might MMS
Consider Approving an Alternate Because we have received questions Section 250.1726 What Are the
Removal Depth? concerning MMS’ policy on artificial Requirements for Removing a Pipeline?
reefs, and in response to a We clarified the requirements
We listed the conditions under which recommendation from the NRC, we concerning information to include in
MMS might waive the requirement to propose to codify our policy on the pipeline decommissioning plan.
clear a platform site to 15 feet below the converting a platform to an artificial
mud line because we have received reef. Derivation Table
questions concerning this topic at The derivation table below shows
Section 250.1723 When Might MMS
decommissioning workshops. However, where the proposed requirements
Approve Partial Structural Removals for
MMS still conducts a case-by-case Conversion to an Artificial Reef or Other originate from in the current
analysis of each request. Use? regulations. The table also provides the
section numbers that were used from
We clarified the criteria that MMS 1988 up to mid-1998, when MMS
uses to evaluate partial structure assigned new section numbers to assist
removals because we have received us in making regulatory updates (see 63
questions on the subject. We also added FR 29478, May 29, 1998).

Proposed new section Current section Previous number

250.1700 ................................................................... New definitions ........................................................ New definitions.

250.1701 ................................................................... 250.700(b)(2) ........................................................... 250.110(b)(2).
250.1702 ................................................................... 250.700(b)(1) ........................................................... 250.110(b)(1).
250.1703 ................................................................... 250.700(a); 250.913(a) ............................................ 250.110(a); 250.143(a).
250.1704 ................................................................... 250.701; 250.901(a); 250.1000(b) ........................... 250.111; 250.131(a); 250.150(b).
250.1705 ................................................................... New requirement ..................................................... New requirement.
250.1706 ................................................................... 250.700(a) ............................................................... 250.110(a).
250.1707 ................................................................... 250.700(a) ............................................................... 250.110(a).
250.1708 ................................................................... 250.700(a) ............................................................... 250.110(a).
250.1709 ................................................................... 250.701 .................................................................... 250.111.
250.1710 ................................................................... 250.702 .................................................................... 250.112.
250.1711 ................................................................... 250.703 .................................................................... 250.113.
250.1712 ................................................................... 250.702(i) ................................................................. 250.112(i).
250.1713 ................................................................... 250.702(i) ................................................................. 250.112(i).
250.1714–1717 ......................................................... 250.704; 250.913(c) ................................................ 250.114; 250.143(c).
250.1718 ................................................................... 250.913(a) ............................................................... 250.143(a).
250.1719 ................................................................... 250.913(a) ............................................................... 250.143(a).
250.1720 ................................................................... 250.913(b) ............................................................... 250.143(b).
250.1721 ................................................................... 250.913(b) ............................................................... 250.143(b).
250.1722 ................................................................... New policy statement .............................................. New policy statement.
250.1723 ................................................................... New policy statement .............................................. New policy statement.
250.1724 ................................................................... 250.1006(a)(1) ......................................................... 250.156(a)(1).
250.1725 ................................................................... 250.1006(a)(1); 250.1007(c) .................................... 250.156(a)(1); 250.157(c).
250.1726 ................................................................... 250.1006(a)(2); 250.1007(c) .................................... 250.156(a)(2); 250.157(c).

Procedural Matters organizations or businesses, and from Regulatory Planning and Review
individuals identifying themselves as (Executive Order 12866)
Public Comment Procedure: Our representatives or officials of
practice is to make comments, including This document is not a significant
organizations or businesses, available
names and home addresses of rule and is not subject to review by the
for public inspection in their entirety.
respondents, available for public review OMB under Executive Order 12866.
during regular business hours. Federalism (Executive Order 13132) (1) This rule will not have an effect of
Individual respondents may request that $100 million or more on the economy.
we withhold their home address from According to Executive Order 13132, It will not adversely affect in a material
the rulemaking record, which we will this rule does not have Federalism way the economy, productivity,
honor to the extent allowable by law. implications. This rule does not competition, jobs, the environment,
There may be circumstances in which substantially and directly affect the public health or safety, or State, local,
we would withhold from the relationship between the Federal and or tribal governments or communities.
rulemaking record a respondent’s State governments. The proposed rule The new or expanded requirements are
identity, as allowable by law. If you revises existing operation regulations. It written in plain language and designed
wish us to withhold your name and/or does not prevent any lessee, operator, or to ensure that lessees decommission
address, you must state this drilling contractor from performing facilities to protect the environment and
prominently at the beginning of your operations on the OCS, provided they minimize obstructions to other uses of
comment. However, we will not follow the regulations. This rule updates the OCS. The economic effects of this
consider anonymous comments. We decommissioning requirements and will rule will be minimal. Lessees planning
will make all submissions from not impose costs on States or localities. decommissioning activities in the

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41895

Pacific OCS Region and Alaska OCS production ceases and submit an initial as shown in Table 1. The yearly cost to
Region would be required to plan these decommissioning application. This will submit an initial decommissioning plan
activities at least 2 years before impact an estimated two lessees a year, is estimated at $1,000 per plan.

TABLE 1.—NEW REPORTING COST FOR THE INITIAL DECOMMISSIONING PLAN SUBMITTED IN THE PACIFIC AND ALASKA
OCS REGIONS
Yearly cost @ Yearly Yearly plans
$1,000 per lessees submitted
report affected

Small Businesses ........................................................................................................................ $1,000 1 1

Other Lessees ............................................................................................................................. 1,000 1 1

Totals .................................................................................................................................... 2,000 2 2

Also, lessees who use domes to (4) Would the rule be easier to Takings Implication Assessment
protect temporarily abandoned wells understand if it were divided into more According to Executive Order 12630,
would be required to trawl over those (but shorter) sections? the proposed rule does not represent a
domes after they install them. We (5) Is the description of the rule in the governmental action capable of
estimate the cost for trawling would be Supplementary Information section of interference with constitutionally
$3,000 for each of the 45 existing domes this preamble helpful in understanding protected property rights. The new
and $3,000 to trawl each of the 10 the rule? What else can we do to make requirements are minor and deal with
additional domes installed each year. the rule easier to understand? minimizing obstructions to other uses of
We estimate that 30 lessees will be the OCS. Thus, a Takings Implication
required to trawl the 45 existing domes, Send a copy of any comments that
concern how we could make this rule Assessment need not be prepared
and 5 lessees will trawl the additional
easier to understand to: Office of according to Executive Order 12630,
10 domes each subsequent year as
Regulatory Affairs, Department of the Government Action and Interference
shown in Table 2 (located in the
Interior, Room 7229, 1849 C Street, with Constitutionally Protected Property
Regulatory Flexibility Act section). The
N.W., Washington, D.C. 20240. You may Rights.
total costs are shown in Table 3 (located
in the Regulatory Flexibility Act also e-mail the comments to this Regulatory Flexibility (RF) Act
section). address: Exsec@ios.doi.gov.
The Department certifies that this
(2) This rule will not create a serious Civil Justice Reform (Executive Order proposed rule will not have a significant
inconsistency or otherwise interfere 12988) economic effect on a substantial number
with an action taken or planned by
of small entities under the RF Act (5
another agency. The new or expanded According to Executive Order 12988,
U.S.C. 601 et seq.). The changes
requirements are minimal and apply the Office of the Solicitor has
proposed in 30 CFR 250, subpart Q, will
only to the OCS decommissioning determined that this rule does not
not have a significant economic effect
activities. unduly burden the judicial system and
(3) This rule does not alter the on offshore lessees and operators,
meets the requirements of §§ 3(a) and
budgetary effects or entitlements, grants, including those that are classified as
3(b)(2) of the Order.
user fees, or loan programs or the rights small businesses. The Small Business
or obligations of their recipients. The Unfunded Mandate Reform Act Administration (SBA) defines a small
new requirements and costs are (UMRA) of 1995 (Executive Order business as having:
12866) • Annual revenues of $5 million or
minimal, and the main purpose of the
less for exploration service and field
rule is to write it in plain language. This rule does not impose an
(4) This rule does not raise novel legal service companies.
or policy issues. The new requirements
unfunded mandate on State, local, or • Fewer than 500 employees for
tribal governments or the private sector drilling companies and for companies
are based on the legal authority of the of more than $100 million per year. This
OCS Lands Act and other laws. that extract oil, gas, or natural gas
rule was mainly updated to include liquids.
Clarity of This Regulation plain language and to give additional Under the Standard Industrial
Executive Order 12866 requires each guidance. It contains very few new Classification (SIC), 1381, Drilling Oil
agency to write regulations that are easy requirements, and it will not have a and Gas Wells, MMS estimates that
to understand. We invite your significant or unique effect on State, there is a total of 1,380 firms that drill
comments on how to make this local, or tribal governments or the oil and gas wells onshore and offshore.
proposed rule easier to understand, private sector. Therefore, a statement Of these, approximately 130 companies
including answers to questions such as containing the information required by are offshore lessees/operators, based on
the following: the UMRA (2 U.S.C. 1531 et seq.) is not current estimates. According to SBA
(1) Are the requirements in the rule required. estimates, 39 companies qualify as large
clearly stated? National Environmental Policy Act firms, leaving 91 companies qualified as
(2) Does the rule contain technical (NEPA) of 1969 small firms with fewer than 500
language or jargon that interfere with its employees.
clarity? This rule does not constitute a major Where there are some additional new
(3) Does the format of the rule Federal action significantly affecting the or expanded reporting requirements in
(grouping and order of sections, use of quality of the human environment. A this rule, they do not impose extensive
headings, paragraphing, etc.) aid or detailed statement under the NEPA is burdens. The cost to comply with the
reduce its clarity? not required. new requirements is a one-time cost of

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
41896 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

approximately $3,000 paid to a trawling We estimate that 20 of the 30 lessees and $6,000 each subsequent year, as
organization to trawl over domes of that will trawl over the 45 existing shown in Table 2. However, the fishing
temporarily abandoned wells in shallow domes are small businesses and 3 out of industry, another small business, will
water. The OCS has approximately 45 of the 5 lessees that will trawl over domes benefit by having less loss to their
these domes. In subsequent years, we in subsequent years will be small fishing equipment.
predict that 10 new domes will be businesses. The cost to the small
trawled over. businesses will be $60,000 the first year

TABLE 2.—NEW REQUIREMENT COST FOR TRAWLING

First Year Subsequent Years

Total cost @ Total cost @

Lessees Lessees
$3000 per Domes trawled $3000 per Domes trawled
affected affected
trawl trawl

Small Businesses ..................................... $60,000 20 20 $9,000 3 3

Other Lessees .......................................... 75,000 10 25 6,000 2 2

Totals ................................................ 135,000 30 45 15,000 5 5

TABLE 3.—TOTAL COSTS FOR BOTH THE NEW PLAN AND NEW TRAWLING REQUIREMENT
First year Subsequent Years

Domes trawled Domes trawled

Lessees Lessees
Total cost + plans Total cost + plans
affected affected
submitted submitted

Small Businesses ..................................... $61,000 21 21 $10,000 4 4

Other Lessees .......................................... 76,000 11 26 7,000 3 3

Totals ................................................ 137,000 32 47 17,000 7 7

Also, about 2 lessees per year in the reorganize the requirements and write Information and Regulatory Affairs,
Pacific OCS Region or Alaska OCS them in plain language. The new OMB. Send a copy of your comments to
Region will need to submit an initial requirements are minimal and will only MMS. Refer to the ‘‘Addresses’’ section
decommissioning plan for a cost of affect a few lessees. for mailing instructions.
approximately $1,000 each as shown in (b) Will not cause a major increase in The PRA provides that an agency may
Table 1 in the Regulatory Planning and costs or prices for consumers, not conduct or sponsor and a person is
Review section. individual industries, Federal, State, or not required to respond to a collection
We estimate that one of these lessees local government agencies, or of information unless it displays a
will be a small business. These plans are geographic regions. The cost to comply currently valid OMB control number.
necessary to ensure that early planning with the new requirements is minor and OMB is required to make a decision
is occurring for these upcoming world- will minimize conflicts with other uses concerning the collection of information
class decommissioning activities. of the OCS. contained in these proposed regulations
Based on these calculations, this rule (c) Does not have a significant adverse
between 30 to 60 days after publication
has no significant economic impact on effect on competition, employment,
of this document in the Federal
small entities. investment, productivity, innovation, or
Register. Therefore, a comment to OMB
Your comments are important. The ability of U.S.-based enterprises to
is best assured of having its full effect
Small Business and Agriculture compete with foreign-based enterprises.
if OMB receives it by August 7, 2000.
Regulatory Enforcement Ombudsman The regulation contains a few new
This does not affect the deadline for the
and 10 Regional Fairness boards were requirements that are not burdensome
public to comment to MMS on the
established to receive comments from and ensure that decommissioning
proposed regulations.
small businesses about Federal agency operations in the OCS are conducted
enforcement actions. The Ombudsman properly. The title of the collection of
will annually evaluate the enforcement information for this proposed rule is
Paperwork Reduction Act (PRA) of ‘‘Proposed Rulemaking—30 CFR 250,
activities and rate each agency’s
1995 Subpart Q—Decommissioning
responsiveness to small businesses. If
you wish to comment on the The proposed rule contains a Activities’’ (OMB control number 1010-
enforcement actions of MMS, call toll- collection of information that has been NEW). Respondents include
free (888) 734–3247. submitted to OMB for review and approximately 130 Federal OCS oil and
approval under § 3507(d) of the PRA. As gas or sulphur lessees. The frequency of
Small Business Regulatory Enforcement part of our continuing effort to reduce response is on occasion or annually,
Fairness Act (SBREFA) paperwork and respondent burdens, depending upon the requirement.
This rule is not a major rule under the MMS invites the public and other Responses to this collection of
SBREFA (5 U.S.C. 804(2)). This rule: Federal agencies to comment on any information are mandatory. MMS will
(a) Does not have an annual effect on aspect of the reporting and protect proprietary information
the economy of $100 million or more. recordkeeping burden. You may submit according to the Freedom of Information
The main purpose of this rule is to your comments directly to the Office of Act and 30 CFR 250.196, ‘‘Data and

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41897

information to be made available to the approved burdens will be Region, which we estimate will require
public.’’ correspondingly reduced when the new 20 burden hours per plan.
This rulemaking consolidates subpart Q regulations become final. We estimate the total annual reporting
information collection requirements on This rulemaking imposes only one ‘‘hour’’ burden for the proposed rule to
decommissioning from our current new information collection burden. be 3,222 hours, representing an average
regulations in 30 CFR 250, subparts G, burden of 25 hours per respondent.
Section 250.1705 requires submission of
I, and J (approved under OMB control There are no recordkeeping
an initial decommissioning plan in the
numbers 1010–0079, 1010–0058, and requirements. Following is a breakdown
1010–0050, respectively). These Pacific OCS Region and Alaska OCS of this burden estimate.
BURDEN BREAKDOWN
Annual
Citation 30 CFR 250 subpart Burden
Requirement Average number per year burden
Q hours hours

1703; 1704 ............................ Request approval for decommissioning ............................ Burden included below 0
1705 (New) ........................... Submit initial decommissioning plan in the Pacific OCS 2 plans ................................. 20 40
and Alaska OCS Regions.
1709; 1711(g); 1712; 1713; Submit form MMS–124 to plug wells; provide subsequent Burden included under 1010–0045. 0
1714(b). report; request alternate depth departure; request pro-
cedure to protect obstructions above seafloor; or certify
area cleared of obstructions.
1711(e), (d); 1717(b) ............. Identify and report subsea wellheads, casing stubs, or U.S. Coast Guard requirement. 0
other obstructions; mark wells protected by a dome;
mark location to be cleared as navigation hazard.
1711(f) ................................... Submit annual report on plans for re-entry to complete or 75 reports ............................ 2 150
permanently abandon the well..
1714(a) .................................. Request approval of well site clearance method .............. 125 requests ........................ 4 500
1715; 1716; 1717(a), (g) ....... Verify facility and pipeline sites cleared of obstructions 120 verifications ................... 12 1,440
and submit certification letter.
1718; 1719; 1720; 1721; Submit final application to remove platform or other 120 applications ................... 6 720
1723. subsea facility structures (including alternate depth de-
parture) or approval to maintain, to conduct other oper-
ations, or to conserve as artificial reef.
1722; 1723 ............................ Artificial reef permitting and re-use plan ............................ U.S. Army Corps of Engineers and 0
NARP requirements.
1724; 1725; 1726 .................. Submit application to decommission pipeline in place or 186 applications ................... 2 372
remove pipeline.

Total Reporting .............. ............................................................................................ 628 responses ..................... ................ 3,222

MMS will summarize written identified any, and we solicit your provide information or keep records for
responses to this notice and address comments on this item. For reporting the Government; or as part of customary
them in the final rule preamble. All and recordkeeping only, your response and usual business or private practices.
comments will become a matter of should split the cost estimate into two
public record. components: (a) Total capital and start- List of Subjects in 30 CFR Part 250
1. MMS specifically solicits up cost component and (b) annual Continental shelf, Environmental
comments on the following questions: operation, maintenance, and purchase
(a) Is the proposed collection of impact statements, Environmental
of services component. Your estimates protection, Government contracts,
information necessary for MMS to should consider the costs to generate,
properly perform its functions, and will Incorporation by reference,
maintain, and disclose or provide the Investigations, Mineral royalties, Oil
it be useful? information. You should describe the
(b) Are the estimates of the burden and gas development and production,
methods you use to estimate major cost Oil and gas exploration, Oil and gas
hours of the proposed collection
factors, including system and
reasonable? reserves, Penalties, Pipelines, Natural
(c) Do you have any suggestions that technology acquisition, expected useful
gas, Petroleum, Public lands—mineral
would enhance the quality, clarity, or life of capital equipment, discount
resources, Public lands—rights-of-way,
usefulness of the information to be rate(s), and the period over which you
incur costs. Capital and start-up costs Reporting and recordkeeping
collected? requirements, Sulphur, Surety bonds.
(d) Is there a way to minimize the include, among other items, computers
information collection burden on those and software you purchase to prepare Dated: June 22, 2000.
who are to respond, including the use for collecting information; monitoring, Sylvia V. Baca,
of appropriate automated electronic, sampling, drilling, and testing Assistant Secretary, Land and Minerals
mechanical, or other forms of equipment; and record storage facilities. Management.
information technology? Generally, your estimates should not
2. In addition, the PRA requires include equipment or services For the reasons stated in the
agencies to estimate the total annual purchased: before October 1, 1995; to preamble, MMS proposes to amend 30
reporting and recordkeeping ‘‘non-hour comply with requirements not CFR part 250 as follows:
cost’’ burden resulting from the associated with the information
collection of information. We have not collection; for reasons other than to

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
41898 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

PART 250—OIL AND GAS AND 250.1707 When may MMS order me to and that, if left behind or abandoned in
SULPHUR OPERATIONS IN THE permanently plug a well? place, would hinder other users of the
OUTER CONTINENTAL SHELF 250.1708 What must I accomplish with well OCS. Obstructions include, but are not
plugs? limited to, wellheads, casing stubs, mud
1. The authority citation for part 250 250.1709 What information must I include
to plug wells?
line suspensions, subsea trees, jumper
continues to read as follows: assemblies, umbilicals, manifolds,
250.1710 How must I permanently plug
Authority: 43 U.S.C. 1331, et seq. wells? termination skids, production and
250.1711 What are the requirements if I export risers, platforms, templates,
Subpart G—[Removed and Reserved] temporarily plug a well that I plan to re- pilings, pipeline valves, and power
2. Subpart G (§§ 250.700–250.704) is enter? cables (in the Pacific OCS Region).
250.1712 To what depth below the mud
removed and reserved. line must I clear a well site when it will § 250.1701 Who must meet the obligations
no longer be used for oil, gas, or sulphur in this subpart?
Subpart I—Platforms and Structures operations? The lessee, the owners of operating
3. Section 250.913 is revised to read 250.1713 When might MMS consider rights, and pipeline right-of-way owners
as follows: approving an alternate removal depth?
are jointly and severally responsible for
§ 250.913 Platform removal and location
Site Clearance and Platform meeting the obligations as they accrue
Decommissioning and until each obligation is met. In this
clearance.
250.1714 3What must I do to clear a well subpart, the terms ‘‘you’’ and ‘‘I’’ refer
Refer to § 250.1714 through
site of obstructions? to each lessee, owner of operating rights,
§ 250.1723. 250.1715 What must I do to clear a facility and pipeline right-of-way owner.
of obstructions?
Subpart J—Pipelines and Pipeline 250.1716 What must I do to clear a buried § 250.1702 When do I accrue
Rights-of-Way pipeline of obstructions? decommissioning obligations?
4. Section 250.1006 is revised to read 250.1717 What must I do to clear a trawling You accrue the decommissioning
operation of obstructions?
as follows: obligations when you do any of the
250.1718 What are the requirements for
removing platforms and subsea facilities? following:
§ 250.1006 What are the requirements for
250.1719 What information must I include (a) Drill a well;
taking a pipeline out of service?
in my final platform removal (b) Install a platform, pipeline, or
If you take a pipeline out of service, application? other facility;
you must: 250.1720 To what depth below the mud
(a) Blind flange or isolate the pipeline (c) Create an obstruction to other
line must I remove a platform or other users of the ocean;
with a closed block valve at each end; facility?
(b) Flush and fill with inhibited 250.1721 When might MMS consider
(d) Become a lessee or the owner of
seawater any pipelines taken out of approving an alternate removal depth? operating rights of a lease on which
service for more than 1 year; and 250.1722 What is MMS’ policy on there is a well that has not been plugged
(c) Return the pipeline to service converting a platform or other facility to according to this subpart, a platform or
within 5 years or decommission the an artificial reef or other use? other facility, or an obstruction; or
pipeline according to § 250.1724 250.1723 When might MMS approve partial (e) Re-enter a well that was previously
through § 250.1726. structural removals for conversion to an plugged according to this subpart.
artificial reef or other use?
§ 250.1007 [Amended] § 250.1703 What are the general
Pipeline Decommissioning
5. In § 250.1007 paragraph (c) is requirements for decommissioning?
250.1724 When may I decommission a
removed. pipeline in place?
When the facilities are no longer
6. Subpart Q is added to read as 250.1725 What are the requirements for useful for operations, you must:
follows: decommissioning a pipeline in place? (a) Get approval from the District
Subpart Q—Decommissioning Activities 250.1726 What are the requirements for Supervisor before decommissioning
removing a pipeline? wells and from the Regional Supervisor
General Requirements Authority: 43 U.S.C. 1331. et seq. before decommissioning facilities and
Sec. pipelines;
250.1700 What do the terms Subpart Q—Decommissioning (b) Squeeze or isolate all open
‘‘decommissioning’’ and ‘‘obstructions’’ Activities perforations, plug all wellbores, sever
mean? all casings, and remove the wellhead;
250.1701 Who must meet the obligations in General Requirements
this subpart? (c) Remove all platforms and other
250.1702 When do I accrue § 250.1700 What do the terms facilities (including subsea equipment)
decommissioning obligations? ‘‘decommissioning’’ and ‘‘obstructions’’ to the depth required by § 250.1720 of
250.1703 What are the general requirements mean? this subpart;
for decommissioning? (a) Decommissioning means: (d) Decommission all pipelines; and
250.1704 When must I submit (1) Ending oil, gas, or sulphur (e) Clear the seafloor of all
decommissioning applications? operations; and obstructions created by lease and/or
250.1705 What information must I include (2) Returning the lease or right-of-way right-of-way operations.
in my initial platform removal to a condition that meets the
application for the Pacific OCS Region or § 250.1704 When must I submit
requirements of regulations of MMS and
Alaska OCS Region? decommissioning applications?
other agencies that have jurisdiction
Well Plugging Requirements over decommissioning activities. You must submit decommissioning
250.1706 Within what timeframe must I (b) Obstructions are objects that were applications according to the following
permanently plug all wells on a lease? used in oil, gas, or sulphur operations table.

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41899

DECOMMISSIONING APPLICATION SCHEDULE

Decommissioning applications When to submit Instructions

(a) Initial platform removal application [not re- In the Pacific OCS Region or Alaska OCS Include information required under
quired in the Gulf of Mexico OCS Region]. Region, submit the application to the Re- § 250.1705.
gional Supervisor at least 2 years before
production ceases.

(b) Final platform removal application ................ Before removing a platform ............................. Include information required under
§ 250.1719.

(c) Pipeline decommissioning application .......... Before you decommission the pipeline ............ Include information required under
§ 250.1725(a) or § 250.1726(a), as applica-
ble.

(d) Form MMS–124, Sundry Notices and Re- (1) Before you plug each well; and ................. (i) Include information required under
ports on Wells. § 250.1709(a).

(2) Within 30 days after you plug a well .......... (i) Include information required under
§ 250.1709(b).

§ 250.1705 What information must I (a) Poses a hazard to safety or the (vi) Plug locations;
include in my initial platform removal environment; or (vii) Plug types;
application for the Pacific OCS Region or (b) Is not useful for lease operations
Alaska OCS Region? (viii) Plug lengths;
and is not capable of profitable oil, gas,
You must include the following or sulphur production. (ix) Mud and cement use;
information in your initial platform (x) Perforating and casing cutting
removal application for the Pacific OCS § 250.1708 What must I accomplish with plans;
Region or Alaska OCS Region: well plugs?
(xi) Plug testing plans;
(a) Platform or other facility removal You must ensure that all well plugs:
procedures, including the types of (a) Provide downhole isolation of (xii) Casing removal (including
vessels and equipment to be used; hydrocarbon and sulphur zones; information on explosives, if used); and
(b) Facilities (including pipelines) you (b) Protect freshwater aquifers; and (xiii) Proposed casing removal depth.
plan to remove or leave in place; (c) Prevent migration of formation (b) Within 30 days after you plug a
(c) Platform or other facility fluids within the wellbore or to the well, you must submit form MMS–124
transportation and disposal plans; seafloor. (subsequent report) and include the
(d) Plans to protect marine life and following information:
the environment during § 250.1709 What information must I
include to plug wells? (1) Information included in paragraph
decommissioning operations, including
(a) Before you plug a well, you must (a) of this section with a final well
a brief assessment of the environmental
submit the following information on schematic;
impacts of the operations, and
procedures and mitigation measures form MMS–124 and receive approval: (2) Description of the plugging work;
that you will take to minimize the (1) The reason you are plugging the (3) Nature and quantities of material
impacts; well; used in the plugs; and
(e) Projected decommissioning (2) Applicable well logs and test data; (4) If you cut and pulled any casing
schedule; and (3) Maximum possible surface string, you must include the following:
(f) The consistency of the proposed pressure, and how it was determined; (i) A description of the methods used
project with that described in the (4) Type and weight of well-control
(including information on explosives, if
Development and Production Plan. fluid you will use;
used);
(5) A description of the work; and
Well Plugging Requirements (6) A current and proposed well (ii) Size and amount of casing
schematic and description that include: removed; and
§ 250.1706 Within what timeframe must I
permanently plug all wells on a lease? (i) Well depth; (iii) Casing removal depth.
You must plug all wells within 1 year (ii) All perforated intervals;
(iii) Casing and tubing depths and § 250.1710 How must I permanently plug
after the lease terminates. wells?
details;
§ 250.1707 When may MMS order me to (iv) Subsurface equipment; You must permanently plug wells
permanently plug a well? (v) Estimated tops of cement (and the according to the table in this section.
MMS may order you to permanently basis of the estimate) in each casing The District Supervisor may require
plug a well if that well: annulus; additional well plugs as necessary.

PERMANENT WELL PLUGGING REQUIREMENTS

If you have Then you must use

(a) Zones in open hole ................... Cement plugs from at least 100′ below the bottom to 100′ above the top of oil, gas, and fresh-water zones
to isolate fluids in the strata.

(b) Open hole .................................. (1) Cement plugs, by the displacement method, at least 100′ above and below deepest casing shoe;

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
41900 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

PERMANENT WELL PLUGGING REQUIREMENTS—Continued

If you have Then you must use

(2) Cement retainers with effective back-pressure control 50′ to 100′ above the casing shoe and a cement
plug to extend at least 100′ below the shoe and at least 50′ above the retainer; or
(3) Bridge plugs 50′ to 100′ above the shoe with 50′ of cement on top of the bridge plug, for expected or
known lost circulation conditions. You must test these plugs by one of the methods shown in paragraphs
(k)(1) and (k)(2) of this section.

(c) Perforated zones that are cur- (1) A squeeze method to cement;
rently open and not previously (2) Cement plugs, by the displacement method, at least 100′ above to 100′ below the perforated interval,
squeezed or isolated. or down to a casing plug, whichever is less. If the perforated zones are isolated from the hole below,
you may use any of the plugs specified in paragraphs (c)(3) through (c)(7) of this section instead of
those specified in paragraphs (c)(1) and (c)(2) of this section.
(3) Cement retainers with effective back-pressure control 50′ to 100′ above the top of the perforations and
a cement plug that extends at least 100′ below the bottom of the perforations with 50′ of cement above
the retainer;
(4) Bridge plugs set within 50′ to 100′ of top of the perforations and 50′ of cement on top of the bridge
plug;
(5) Cement plugs at least 200′ in length, set by the displacement method, with the bottom of the plug 100′
above the perforated interval;
(6) Through-tubing basket plugs within 100′ of the perforated interval topped with 50′ of cement; or
(7) Tubing plugs within 100′ of the perforated interval topped with 50′ of cement and a minimum of 300′ of
cement in the tubing and casing immediately above the uppermost packer in the wellbore.

(d) Casing stubs where the stub (1) Cement plugs at least 100′ above and below the stub;
ends within casing. (2) Cement retainers or permanent bridge plugs at least 50′ to 100′ above the stub and 100′ below with at
least 50′ cement on top of the retainer; or
(3) Cement plugs at least 200′ long with the bottom of the plug within 100′ above the stub.

(e) Casing stubs where the stub Plugs specified in paragraph (a) or (b) of this section, as applicable.
ends below the casing.

(f) Annular space that commu- Cement plugs at least 200′ long in the annular space. For surface wells, pressure test each casing annu-
nicates with an open hole and lus to verify isolation.
extends to the mud line.

(g) Subsea wells with unsealed A cutter to sever the casing and you must set a stub plug.
annuli.

(h) Cement displacement plugs ...... Tags to verify the position of each plug.

(i) To set a surface plug (all wells A cement surface plug at least 150′ long in the smallest casing that extends to the mud line with the top of
except temporarily plugged wells). the plug within the first 150′ below the mud line.

(j) Permafrost areas ........................ (1) A fluid to be left in the hole that has a freezing point below the temperature of the permafrost, and a
treatment to inhibit corrosion; and
(2) Cement plugs set before freezing and have a low heat of hydration.

(k) To test a plug (required for the (1) A test to verify plug integrity with 15,000 pounds of pipe weight on the cement plug, cement retainer, or
first plug below the surface plug bridge plug; or
and/or lost circulation area plugs (2) 1,000 pounds per square inch pump pressure with a result of 10 percent or less pressure drop during
in open hole). 15 minutes. The District Supervisor may require testing other plugs to prevent fluid migration.

(l) Fluid left in the hole .................... Fluid in the intervals between the plugs dense enough to exert a hydrostatic pressure that is greater than
the respective formation pressures.

§ 250.1711 What are the requirements if I to extend below the casing shoe into the (f) Provide annual reports to the
temporarily plug a well that I plan to re- open hole; Regional Supervisor describing your
enter? (c) Set a retrievable or a permanent- plans for well re-entry to complete or to
You must do the following: type bridge plug or a cement plug at permanently plug; and
(a) Set plugs for permanently plugged least 100 feet long in the casing within
(g) Except in deep water areas or other
wells listed in the table in § 250.1710; the first 200 feet below the mud line;
locations where there are no commercial
however, you do not need to sever the (d) Identify and report subsea
casings, remove the wellhead, or clear fishing activities, protect subsea
wellheads, casing stubs, or other
the site; obstructions that extend above the mud wellheads, casing stubs, mud line
(b) Set a bridge plug or a cement plug line according to U.S. Coast Guard suspensions, or other obstructions
at least 100 feet long at the base of the (USCG) requirements; remaining above the seafloor to allow
deepest casing string unless the casing (e) Mark wells protected by a dome in fishing gear to pass over the structure
string has been cemented and has not less than 100 feet of water with a buoy without damage to the structure or
been drilled out. If a cement plug is set, installed according to USCG fishing gear by using one of the
it is not necessary for the cement plug requirements; following or other procedure, as

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41901

approved by the Regional or District § 250.1715 What must I do to clear a (3) The survey method used;
Supervisor: facility of obstructions? (4) The results of the survey,
(1) A caisson designed according to To clear a facility of obstructions, you including a list of any debris removed
§ 250.906 and equipped with aids to must comply with the Regional or statement from the trawling
navigation; Supervisor’s clearance requirements contractor that no objects were
and, at minimum: recovered;
(2) A jacket designed according to
(a) Clear obstructions from: (5) A post-trawling job plot or map
§ 250.906 and equipped with aids to
(1) A 1,320-foot-radius circle centered showing trawled area; and (6) An
navigation; or
on the geometric center of the facility; additional letter signed by an authorized
(3) A subsea dome that does not or (2) A 600-foot-radius circle centered lessee/operator company representative
extend more than 10 feet above the on a single well caisson and well stating that they witnessed the trawling
seafloor and over which you trawl when protectors. survey.
you install it and inspect annually. (b) In less than a 300-foot water depth,
trawl 100 percent of the limits described § 250.1718 What are the requirements for
§ 250.1712 To what depth below the mud removing platforms and subsea facilities?
line must I clear a well site when it will no in paragraph (a) of this section in two
longer be used for oil, gas, or sulphur directions, and in greater than a 300-foot (a) You must submit a final platform
operations? water depth, scan across the location removal application to the Regional
with a sonar of at least 500 kHz Supervisor with the information listed
Unless the District Supervisor in § 250.1719 before removing a
frequency;
approves an alternate depth, you must platform;
clear all wellheads and casings to at § 250.1716 What must I do to clear a (b) You must remove all platforms
least 15 feet below the mud line. buried pipeline of obstructions? and subsea facilities in a manner
§ 250.1713 When might MMS consider For buried active pipelines, you must approved by the Regional Supervisor to
approving an alternate removal depth? trawl without any restrictions; however, ensure that the location has been
you must contact the pipeline owner or cleared of all obstructions to other
MMS may allow you to depart from operator to determine the condition of activities in the area;
the requirement for removing subsea the pipelines to be trawled. (c) You must retrieve all mooring
wellheads and casings to 15 feet below lines, anchors, and all related
the mud line when: § 250.1717 What must I do to clear a
equipment that constitute an
trawling operation of obstructions?
(a) The wellheads and casings would obstruction;
not become hazards to other users of the For trawling operations for both (d) You must remove subsea trees,
seafloor or area and geotechnical and facilities and pipelines, you must do all jumper assemblies, umbilicals,
other information you provide of the following to clear obstructions: manifolds, and termination skids in
demonstrates that erosional processes (a) Complete site clearance conjunction with well plugging
capable of exposing the obstructions are verification to the specifications of the activities;
not expected; or (b) The water depth is Regional Supervisor within 60 days (e) You must flush and remove all
greater than 800 meters. after you complete the structure production and export risers with
removal; seawater from the seabed; and
Site Clearance and Platform (b) Mark the location to be cleared as
Decommissioning (f) Within 1 year after lease
a hazard to navigation according to termination or right-of-way
§ 250.1714 What must I do to clear a well USCG requirements until you complete relinquishment, you must remove all
site of obstructions? the site clearance procedures; platforms and subsea facilities,
(c) Use a vessel to verify site clearance including those listed in paragraphs (c)
For each well site you must verify that is equipped with a navigational
clearance and certify your verification. and (d) of this section, according to the
positioning system capable of providing approved final platform removal
(a) For wells, you must verify site position accuracy of ( ±30 feet and a application. This paragraph does not
clearance by one or more of the calibrated navigation system; apply if you receive either:
following methods as approved by the (d) Use a trawling contractor with a (1) Approval to maintain the platform
District Supervisor: valid commercial trawling license and and subsea facilities to conduct other
(1) Drag a trawl in a grid-like pattern no corporate or other financial ties to operations; or
across a 300-foot-radius circle centered the company that performed the salvage (2) A waiver to conserve the structure
on an exploration or delineation well work; as an artificial reef.
drilled with a Mobile Offshore Drilling (e) Use a trawling net that is
Unit; representative of those used in the § 250.1719 What information must I
commercial fishing industry and having include in my final platform removal
(2) Scan across the location with a application?
sonar search of at least 500 kHz a net strength equal to that provided by
frequency; or (3) Use other radii or No. 18 twine; You must submit three copies of the
methods based on particular site (f) Not trawl closer than 300 feet to a final platform removal application if
conditions. shipwreck; and (g) Ensure that the you are proposing to use explosives or
company performing the location two copies if you are not using
(b) You must certify that the area was clearance sends a letter to the Regional explosives to the Regional Supervisor.
cleared of all obstructions and submit Supervisor certifying it cleared the Include all of the following information:
the following information on form location of all obstructions. The (a) Identification of the responsible
MMS–124 within 30 days after you company must send the letter within 30 party including:
complete the verification activities: days after site clearance is verified and (1) Lease operator/right-of-way
(1) The date the work was performed; must include the following information: holder;
(2) The extent of the area surveyed (1) The date the work was performed (2) Address;
around the location; and (3) The survey and the vessel involved; (3) Contact person and telephone
method. (2) The extent of the area surveyed; number; and

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
41902 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

(4) Shore base. recent observations of turtles or marine (b) You provide an unobstructed
(b) Identification of the structure you mammals at the structure site. water column above the structure
are removing including: sufficient to ensure safety of navigation.
(1) Platform Name/Complex ID § 250.1720 To what depth below the mud
Number; line must I remove a platform or other Pipeline Decommissioning
facility?
(2) Location (lease/right-of-way, area, § 250.1724 When may I decommission a
block, and block coordinates); Unless the Regional Supervisor pipeline in place?
(3) Date installed (year); approves an alternate removal depth,
you must remove all platforms or other You may decommission a pipeline in
(4) Proposed date of removal (Month/ place when the Regional Supervisor
Year); and facilities (including templates, and
pilings) to at least 15 feet below the mud determines:
(5) Water depth. (a) The pipeline does not constitute a
(c) Description of the structure you line.
hazard to navigation and commercial
are removing including: § 250.1721 When might MMS consider fishing operations, unduly interfere
(1) Configuration (attach a photograph approving an alternate removal depth? with other uses of the OCS, or have
or a diagram); adverse environmental effects; and
The Regional Supervisor may approve
(2) Size; (b) Technical and environmental
an alternate removal depth if:
(3) Number of legs/casings/pilings; information shows that pipelines are not
(a) The remaining structure or other
(4) Diameter and wall thickness of likely to interfere with other uses of the
facility would not become a hazard to
legs/casings/pilings; OCS.
(5) Piles grouted inside or outside; other users of the seafloor or area and
(6) Brief description of soil geotechnical and other information you § 250.1725 What are the requirements for
composition and condition; provide demonstrates that erosional decommissioning a pipeline in place?
(7) The sizes and weights of the processes capable of exposing the You must do the following to
jacket, topsides (by module), obstructions are not expected; or decommission a pipeline in place:
conductors, and pilings; (b) The water depth is greater than (a) Submit a pipeline
(8) The maximum removal lift weight 800 meters. decommissioning application in
and estimated number of main lifts to § 250.1722 What is MMS’ policy on triplicate to the Regional Supervisor that
remove the structure; and converting a platform or other facility to an includes the following information:
(9) A description of the vessel(s) that artificial reef or other use? (1) Reason for the operation;
you will use to remove the structure. MMS supports and encourages the re- (2) Proposed procedures;
(d) Identification of the purpose, use of obsolete offshore petroleum (3) Length (feet) of segment to be
including: structures as artificial reefs in U.S. decommissioned; and
(1) Lease expiration/right-of-way (4) Length (feet) of segment
waters.
relinquishment date; and (a) The structure must not pose an remaining.
(2) Reason for removing the structure. (b) Pig the line, unless the Regional
unreasonable impediment to existing
(e) A description of the removal Supervisor determines that pigging is
facilities such as active pipelines or
method including: not practical;
future mineral development. (c) Flush the line;
(1) Brief description of the method to (b) The re-use plan must comply with
be used; and (d) Fill the line with seawater;
the artificial reef permitting (e) Cut and plug each end;
(2) If you are using explosives, requirements of the U.S. Corps of
provide the following: (f) Bury each end at least 3 feet below
Engineers (Corps) and the criteria in the the seafloor or cover with protective
(i) Type of explosives; National Artificial Reef Plan (NARP).
(ii) Number and sizes of charges; concrete mats, if required by the
(c) The state agency responsible for Regional Supervisor;
(iii) List whether you are using single managing marine fisheries resources
shot or multiple shots; (g) Remove all valves and other
must accept title and liability for the appurtenances that could unduly
(iv) If multiple shots, list sequence structure before MMS will release the
and timing of detonations; interfere with other uses of the OCS;
Federal lessee from obligations in the (h) Within 1 year after lease
(v) List whether you are using a bulk lease instrument. termination or right-of-way
or shaped charge; (d) As appropriate, MMS may
(vi) Depth of detonation below mud relinquishment, decommission the
facilitate cooperation between Federal pipeline(s); and
line; and lessees, States, and other Federal (i) Remove a previously
(vii) List whether you are placing the agencies concerning the re-use of the decommissioned pipeline if MMS
explosives inside or outside the pilings. structure. MMS will share information subsequently determines that a pipeline
(3) If you will use divers or acoustic with others concerning the is a hazard.
devices to conduct a pre-removal survey environmental, social, and economic
to detect the presence of turtle and consequence of re-using the structure. § 250.1726 What are the requirements for
marine mammals, describe the proposed removing a pipeline?
detection method. § 250.1723 When might MMS approve Before removing a pipeline, you must:
(4) A statement telling whether or not partial structural removals for conversion to (a) Submit a pipeline removal
you will use transducers to measure the an artificial reef or other use? application in triplicate to the Regional
pressure and impulse of the The Regional Supervisor may approve Supervisor that includes the following
detonations. a partial structural removal if you meet information:
(5) A statement telling whether or not all of the following conditions: (1) Proposed removal procedures,
you will use divers to survey the area (a) The remaining structure becomes including the types of vessels and
after removal to determine any effects part of the NARP and the State agency equipment to be used;
on marine life. responsible for managing marine (2) Pipeline transportation and
(f) If available, provide the results of fisheries resources acquires a Corps disposal plans;
any recent biological surveys conducted permit and accepts title and liability for (3) Plans to protect marine life and the
in the vicinity of the structure and the structure; and environment during removal operations,

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1
 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 41903

including a brief assessment of the the Patent and Trademark Office as 102.1 General.
environmental impacts of the removal United States Patent and Trademark 102.2 Public reference facilities.
operations and procedures and Office (USPTO), a performance-based 102.3 Records under FOIA.
organization with responsibility for its 102.4 Requirements for making requests.
mitigation measures that will be taken
102.5 Responsibility for responding to
to minimize such impacts; and own operations. Consequently, USPTO requests.
(4) Projected removal schedule and has or is gaining many functions 102.6 Time limits and expedited
duration. formerly provided by the Department of processing.
(b) Pig the line, unless the Regional Commerce. The rules proposed in this 102.7 Responses to requests.
Supervisor determines that pigging is notice adopt the substance of rules 102.9 Business Information.
not practical; and recently proposed by the Department of 102.10 Appeals from initial determinations
(c) Flush the line. Commerce, 65 FR 34606 (May 31, 2000). or untimely delays.
Where appropriate, these proposed rules 102.11 Fees.
[FR Doc. 00–17032 Filed 7–6–00; 8:45 am]
have been streamlined and tailored to Subpart B—Privacy Act
BILLING CODE 4310–MR–P
reflect the practices of USPTO and its 102.21 Purpose and scope.
constituencies. In particular, USPTO 102.22 Definitions.
has no national security classification 102.23 Procedures for making inquiries.
DEPARTMENT OF COMMERCE authority so determinations regarding 102.24 Procedures for making requests for
United States Patent and Trademark classified records will be referred to the records.
classifying authority. Moreover, the 102.25 Disclosure of requested records to
Office individuals.
proposed Commerce rules provide a
great deal of guidance to its component 102.26 Special procedures: Medical
37 CFR Part 102 records.
bureaus. USPTO will not decentralize
RIN: 0651–AB21 its initial action authority to its business 102.27 Procedures for making requests for
correction or amendment.
units. These proposed rules will apply 102.28 Review of requests for correction or
Public Information, Freedom of to FOIA and Privacy Act requests filed amendment.
Information and Privacy after October 1, 2000. 102.29 Appeal of initial adverse
AGENCY: United States Patent and Other Considerations determination on correction or
Trademark Office, Commerce. amendment.
This rule is not significant under 102.30 Disclosure of record to person other
ACTION: Notice of proposed rulemaking Executive Order 12866. than the individual to whom it pertains.
This rule does not contain a 102.31 Fees.
SUMMARY: The United States Patent and
‘‘collection of information’’ as defined 102.32 Penalties.
Trademark Office proposes to add 102.33 General exemptions.
by the Paperwork Reduction Act.
regulations implementing the Freedom In accordance with the Regulatory 102.34 Specific exemptions.
of Information Act (FOIA), including the Flexibility Act (5 U.S.C. 605(b)), the
Electronic Freedom of Information Act Appendix to Part 102—Systems of Records
USPTO General Counsel has certified to Noticed by Other Federal Agencies and
(EFOIA) Amendments of 1996, and the the Chief Counsel for Advocacy of the Applicable to USPTO Records, and
Privacy Act (PA). These proposed rules Small Business Administration that this Applicability of this Part Thereto
are based on rules recently proposed by rule will not have a significant
the Department of Commerce. economic impact on a substantial
Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 5
DATES: Comments must be received on U.S.C. 553; 31 U.S.C. 3717; 35 U.S.C. 2(b)(2),
number of small entities. Under FOIA, 21, 41, 42, 122; 44 U.S.C. 3101.
or before August 7, 2000. agencies may recover only the direct
ADDRESSES: Send all comments— costs of searching for, reviewing, and Subpart A—Freedom of Information
1. Electronically to duplicating the records processed for Act
‘‘PBORulemaking@uspto.gov’’, Subject: requesters. Moreover, both FOIA and
FOIA/PA Rules; these rules set thresholds below which § 102.1 General.
2. By mail to Director of the United fees are not charged to reduce the effect (a) The information in this part is
States Patent and Trademark Office, Box of FOIA fees still further. Further, the furnished for the guidance of the public
8, Washington, D.C. 20231, ATTN: number of ‘‘small entities’’ (within the and in compliance with the
FOIA/PA Rules; or meaning of the Regulatory Flexibility requirements of the Freedom of
3. By facsimile to 703–305–9373, Act) that make FOIA requests is Information Act (FOIA), as amended (5
ATTN: FOIA/PA Rules. relatively small compared to the number U.S.C. 552). This part sets forth the
FOR FURTHER INFORMATION CONTACT: of individuals who make such requests. procedures the United States Patent and
Joseph G. Piccolo, 703–305–9035. Trademark Office (USPTO) follows to
List of Subjects in 37 CFR Part 102 make publicly available the materials
SUPPLEMENTARY INFORMATION:
Administrative practice and and indices specified in 5 U.S.C.
Comment Format procedure, Freedom of Information, 552(a)(2) and records requested under 5
USPTO prefers to receive comments Privacy, Public information. U.S.C. 552(a)(3). Information routinely
in electronic form, either via the For the reasons stated in the provided to the public as part of a
Internet or on a 31⁄4 inch diskette. preamble, USPTO proposes to amend 37 regular USPTO activity (for example,
Comments submitted in electronic form CFR Chapter I by adding Part 102 to press releases issued by the Office of
should be submitted as ASCII text. read as follows: Public Affairs) may be provided to the
Special characters and encryption public without following this part.
PART 102—DISCLOSURE OF USPTO’s policy is to make discretionary
should not be used.
GOVERNMENT INFORMATION disclosures of records or information
Background exempt from disclosure under FOIA
Subpart A—Freedom of Information
The Patent and Trademark Office Act whenever disclosure would not
Efficiency Act (PTOEA) (Pub. L. 106– foreseeably harm an interest protected
113, 113 Stat. 1501A–572) reestablished Sec. by a FOIA exemption, but this policy

VerDate 11<MAY>2000 18:23 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM pfrm08 PsN: 07JYP1