30-day Published FR for 30 CFR 250, subpart S, 1014-0017

1014-0017 - 30-day Subpart S exp 11.19.15.pdf

30 CFR Part 250, Subpart S, Safety and Environmental Management Systems (SEMS)

30-day Published FR for 30 CFR 250, subpart S, 1014-0017

OMB: 1014-0017

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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices
Liaison, History Colorado, 1200
Broadway, Denver, CO 80203, telephone
(303) 866–4531, email sheila.goff@
state.co.us by November 19, 2015. After
that date, if no additional requestors
have come forward, transfer of control
of the human remains to the Southern
Ute Indian Tribe of the Southern Ute
Reservation, Colorado, and the Ute
Mountain Tribe of the Ute Mountain
Reservation, Colorado, New Mexico &
Utah may proceed.
History Colorado is responsible for
notifying The Consulted and Invited
Tribes that this notice has been
published.
Dated: September 16, 2015.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2015–26619 Filed 10–19–15; 8:45 am]
BILLING CODE P

SUPPLEMENTARY INFORMATION:

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
[Docket ID BSEE–2015–0010; OMB Control
Number 1014–0017; 15XE1700DX
EEEE500000 EX1SF0000.DAQ000]

Information Collection Activities:
Safety and Environmental Management
Systems (SEMS); Submitted for Office
of Management and Budget (OMB)
Review; Comment Request
ACTION:

30-day notice.

To comply with the
Paperwork Reduction Act of 1995
(PRA), the Bureau of Safety and
Environmental Enforcement (BSEE) is
notifying the public that we have
submitted to OMB an information
collection request (ICR) to renew
approval of the paperwork requirements
in the regulations under subpart S,
Safety and Environmental Management
Systems (SEMS). This notice also
provides the public a second
opportunity to comment on the revised
paperwork burden of these regulatory
requirements.

SUMMARY:

You must submit comments by
November 19, 2015.
ADDRESSES: Submit comments by either
fax (202) 395–5806 or email (OIRA_
[email protected]) directly to
the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer
for the Department of the Interior (1014–
0017). Please provide a copy of your
comments to BSEE by any of the means
below.
• Electronically go to http://www.
regulations.gov. In the Search box, enter
BSEE–2015–0010 then click search.

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DATES:

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Follow the instructions to submit public
comments and view all related
materials. We will post all comments.
• Email [email protected], fax
(703) 787–1546, or mail or hand-carry
comments to the Department of the
Interior; Bureau of Safety and
Environmental Enforcement;
Regulations and Standards Branch;
ATTN: Cheryl Blundon; 45600
Woodland Road, Sterling, VA 20166.
Please reference ICR 1014–0017 in your
comment and include your name and
return address.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Regulations and
Standards Branch, (703) 787–1607, to
request additional information about
this ICR. To see a copy of the entire ICR
submitted to OMB, go to http://
www.reginfo.gov (select Information
Collection Review, Currently Under
Review).
Title: 30 CFR 250, Subpart S, Safety
and Environmental Management
Systems (SEMS).
Form(s): BSEE–0131.
OMB Control Number: 1014–0017.
Abstract: The Outer Continental Shelf
(OCS) Lands Act at 43 U.S.C. 1334
authorizes the Secretary of the Interior
(Secretary) to prescribe rules and
regulations necessary for the
administration of the leasing provisions
of that Act related to mineral resources
on the OCS. Such rules and regulations
will apply to all operations conducted
under a lease. Operations on the OCS
must preserve, protect, and develop oil
and natural gas resources in a manner
that is consistent with the need to make
such resources available to meet the
Nation’s energy needs as rapidly as
possible; to balance orderly energy
resource development with protection
of human, marine, and coastal
environments; to ensure the public a fair
and equitable return on the resources of
the OCS; and to preserve and maintain
free enterprise competition. These
responsibilities are among those
delegated to the Bureau of Safety and
Environmental Enforcement (BSEE).
In addition to the general rulemaking
authority of the OCSLA at 43 U.S.C.
1334, section 301(a) of the Federal Oil
and Gas Royalty Management Act
(FOGRMA), 30 U.S.C. 1751(a), grants
authority to the Secretary to prescribe
such rules and regulations as are
reasonably necessary to carry out
FOGRMA’s provisions. While the
majority of FOGRMA is directed to
royalty collection and enforcement,
some provisions apply to offshore
operations. For example, section 108 of
FOGRMA, 30 U.S.C. 1718, grants the

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Secretary broad authority to inspect
lease sites for the purpose of
determining whether there is
compliance with the mineral leasing
laws. Section 109(c)(2) and (d)(1), 30
U.S.C. 1719(c)(2) and (d)(1), impose
substantial civil penalties for failure to
permit lawful inspections and for
knowing or willful preparation or
submission of false, inaccurate, or
misleading reports, records, or other
information. Because the Secretary has
delegated some of the authority under
FOGRMA to BSEE, 30 U.S.C. 1751 is
included as additional authority for
these requirements.
Regulations governing Safety and
Environmental Management Systems
(SEMS) are covered in 30 CFR 250,
subpart S and are the subject of this
collection.
Information on Form BSEE–0131
includes company identification,
number of company/contractor injuries
and/or illnesses suffered, company/
contractor hours worked, EPA National
Pollutant Discharge Elimination System
(NPDES) permit noncompliances, and
oil spill volumes for spills less than 1
barrel. All pieces of information are
reported annually as collected during 1
calendar year and the information
broken out quarterly. The information is
used to develop industry average
incident rates that help to describe how
well the offshore oil and gas industry is
performing. Using the produced data
allows BSEE to better focus our
regulatory and research programs on
areas where the performance measures
indicate that operators are having
difficulty meeting our expectations.
BSEE will be more effective in
leveraging resources by redirecting
research efforts, promoting appropriate
regulatory initiatives, and shifting
inspection program emphasis based on
performance results.
In this ICR we have removed form
BSEE–0130. BSEE has found that there
have been no instances of organizations
using form BSEE–0130 and that
equivalent information can be submitted
by organizations following the
instructions in § 250.1922(a)(1), ‘‘. . .
submit documentation to BSEE
describing the process for assessing an
ASP for accreditation and approving,
maintaining, and withdrawing the
accreditation of an ASP.’’ BSEE’s Office
of Offshore Regulatory Programs will
then review the information, request
other supporting documents as needed,
and propose terms of BSEE oversight, in
order to ensure conformance with the
entirety of § 250.1922. Therefore, BSEE
believes the intent of the form BSEE–
0130 is already incorporated in the
regulations and will remove the

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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

duplicate information collection burden
represented by form BSEE–0130.
Therefore, since the requirement
remains the same, removal of the form
does not constitute a program change.
Regulations implementing these
responsibilities are among those
delegated to BSEE.
Responses are mandatory. No
questions of a sensitive nature are
asked. BSEE protects information
considered proprietary under the
Freedom of Information Act (5 U.S.C.
552) and DOI’s implementing
regulations (43 CFR 2), and under
regulations at 30 CFR part 250.197, Data
and information to be made available to
the public or for limited inspection, 30
CFR part 252, OCS Oil and Gas
Information Program.
The information collected under
subpart S is critical for us to monitor
industry’s operations record of safety
and environmental management of the
OCS. The subpart S regulations hold the

operator accountable for the overall
safety of the offshore facility, including
ensuring that all employees, contractors,
and subcontractors have safety policies
and procedures in place that support the
implementation of the operator’s SEMS
program and align with the principles of
managing safety. The SEMS program
describes management commitment to
safety and the environment, as well as
policies and procedures to assure safety
and environmental protection while
conducting OCS operations (including
those operations conducted by all
personnel on the facility). BSEE will use
the information obtained by submittals
and observed via SEMS audits to ensure
that operations on the OCS are
conducted safely, as they pertain to both
human and environmental factors, and
in accordance with BSEE regulations, as
well as industry practices. The ultimate
work authority (UWA) and other
recordkeeping will be reviewed

diligently by BSEE during inspections/
audits, etc., to ensure that industry is
correctly implementing the
documentation and that the
requirements are being followed
properly.
Frequency: On occasion and as
required by regulations.
Description of Respondents: Potential
respondents comprise OCS Federal oil,
gas, or sulphur lessees and/or operators.
Estimated Reporting and
Recordkeeping Hour Burden: The
estimated annual hour burden for this
information collection is a total of
2,238,164 hours. The following chart
details the individual components and
estimated hour burdens. In calculating
the burdens, we assumed that
respondents perform certain
requirements in the normal course of
their activities. We consider these to be
usual and customary and took that into
account in estimating the burden.

BURDEN TABLE
Reporting and recordkeeping requirement +

Hour burden

Average number of
annual responses

1900–1933 ...................................

High Activity Operator: Have a SEMS program, and maintain all documentation
and records pertaining to your SEMS
program, according to API RP 75, ISO
17011 in their entirety, the COS–2–01,
03, and 04 documents as listed in
§ 250.198, and all the requirements as
detailed in 30 CFR 250, Subpart S.
Make your SEMS available to BSEE
upon request.
Moderate Activity Operator: Have a SEMS
program, and maintain all documentation
and records pertaining to your SEMS
program, according to API RP 75, the
three COS documents in their entirety,
and all the requirements as detailed in
30 CFR 250, Subpart S. Make your
SEMS available to BSEE upon request.
Low Activity Operator: Have a SEMS program, and maintain all documentation
and records pertaining to your SEMS
program, according to API RP 75, the
three COS documents in their entirety,
and all the requirements as detailed in
30 CFR 250, Subpart S. Make your
SEMS available to BSEE upon request.
Immediate supervisor must conduct a JSA,
sign the JSA, and ensure all personnel
participating sign the JSA. The individual
designated as being in charge of facility
approves and signs all JSAs before job
starts. NOTE: If activity is repeated, the
1st signed JSA is allowed.
Submit Form BSEE–0131. Maintain a contractor employee injury/illness log in the
operation area, retain for 2 years, and
make available to BSEE upon request
(this requirement is included in the form
burden). Inform contractors of hazards.

27,054 .......................

15 operators .............

405,810

11,625 .......................

40 operators .............

465,000

1,525 .........................

75 operators .............

114,375

15 mins .....................

130 operators × 365
days × 50 JSA’s
per day =
* 2,372,500.

593,125

15 ..............................

130 operators ...........

1900–1933 ...................................

1900–1933 ...................................

1911(b) ........................................

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Additional
annual burden
hours
(rounded)

Citation 30 CFR 250 subpart S

1914(e); 1928(d), (e); 1929 .........

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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

63587

BURDEN TABLE—Continued
Citation 30 CFR 250 subpart S

Reporting and recordkeeping requirement +

1920(a), (b); 1921 ........................

ASP audit for High Activity Operator.
ASP audit for Moderate Activity Operator.
ASP audit for Low Activity Operator.
NOTE: An audit is done once every 3
years.

1920(b) ........................................

Notify BSEE with audit plan/schedule 30
days prior to conducting your audit.
Submit to BSEE after completed audit, an
audit report of findings and conclusions,
including deficiencies and required supporting information/documentation.
Submit/resubmit a copy of your CAP that
will address deficiencies identified in
audit within 60 days of audit completion.
Organization requests approval for AB;
submits documentation for assessing,
approving, maintaining, and withdrawing
accreditation of ASP.
Make available to BSEE upon request,
conflict of interest procedures.
Make available to BSEE upon request,
evaluation documentation and supporting
information relating to your SEMS.
Explain and demonstrate your SEMS during site visit if required; provide evidence
supporting your SEMS implementation.

1920(c); 1925(a) ..........................

1920(d); 1925(b) ..........................

1922(a) ........................................

1922(b) ........................................
1924(b) ........................................

1924(c) .........................................

1925(a) ........................................

Pay for all costs associated with BSEE directed ASP audit approximately 10 percent per operator per category: 1 required audit for high operator ($217,000
per audit × 1 audit = $217,000); 4 required audits for moderate operator
($108,000 per audit × 4 audits =
$432,000; and 8 required audits for low
operator ($62,000 per audit per 8 audits
= $496,000) = 13 required audits per
year.

1928 .............................................

(1) Document and keep all SEMS audits
for 6 years (at least two full audit cycles)
at an onshore location.
(2) JSAs must have documented results in
writing and kept onsite for 30 days or
until release of the MODU; retain records
for 2 years. (3) All MOC records (API RP
Sec 4) must be documented, dated, and
retained for 2 years. (4) SWA documentation must be kept onsite for 30
days; retain records for 2 years (5) Documentation of employee participation
must be retained for 2 years.
(6) All documentation included in this requirement must be made available to
BSEE upon request.
Document decision to resume SWA activities.

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1930(c) .........................................

Hour burden

Average number of
annual responses

Additional
annual burden
hours
(rounded)

15 operators × $217,000 audit = $3,255,000/3 = $1,085,000
40 operators × $108,000 audit = $4,320,000/3 = $1,440,000
75 operators × $62,000 audit = $4,650,000 3 = $1,550,000

1 ................................
4 ................................

130 operators/once
every 3 years = 44.
44 operators .............

44
176

10 ..............................

170 submissions .......

1,700

15 ..............................

3 requests .................

45

20 mins .....................

12 requests ...............

4

5 ................................

130 operators ...........

650

12 ..............................

12 explanations ........

144

13 BSEE directed ASP audits—for a total of $1,145,000

6 ................................

130 operators ...........

780

62 hrs/mo × 12 mos/
yr = 744 hrs.

838 manned facilities

2 ................................

1,620 unmanned facilities.

3,240

8 ................................

130 operators once
every 2 wks = 130
× 52/2 = 3,380.

27,040

Burden covered under 30 CFR 250, Subpart
A 1014–0022

0

623.472

1933(a) ........................................

Personnel reports unsafe practices and/or
health violations.

1933(c) .........................................

Post notice where personnel can view their
rights for reporting unsafe practices.

15 mins .....................

2,435 facilities ...........

609

TOTAL SUBPART S ............

......................................................................

...................................

2,381,721 ..................

2,238,164

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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices
BURDEN TABLE—Continued

Citation 30 CFR 250 subpart S

Reporting and recordkeeping requirement +

Average number of
annual responses

Hour burden

Additional
annual burden
hours
(rounded)

$5,220,000 Non-Hour Cost Burdens

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* We calculated operators conducting 50 JSAs a day (25 JSAs for each 12 hour shift). Some contractors may perform none for a particular
day, whereas others may conduct more than 50 per day. This estimate is an average. Also, in Alaska, the Alaska Safety Handbook or ASH is
followed on the North Slope, which is a book containing both safety standards and the permit to work process for North Slope operations. The
ASH includes work permits which include a hazards analysis and mitigation measures section on the back of the permit.
+ In the future, BSEE may require electronic filing of some submissions.

Estimated Reporting and
Recordkeeping Non-Hour Cost Burden:
We have identified four non-hour cost
burdens associated with the collection
of information for a total of $5,220,000.
They are as follows:
§ 250.1925(a)—Pay for all costs
associated with a BSEE directed audit
due to deficiencies.
§ 250.1920(a)—ASP audits conducted
for High, Moderate, and Low Activity
Operator.
We have not identified any other nonhour cost burdens associated with this
collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. Until OMB approves a
collection of information, you are not
obligated to respond.
Comments: Section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501, et seq.)
requires each agency ‘‘. . . to provide
notice . . . and otherwise consult with
members of the public and affected
agencies concerning each proposed
collection of information . . .’’ Agencies
must specifically solicit comments to:
(a) Evaluate whether the collection is
necessary or useful; (b) evaluate the
accuracy of the burden of the proposed
collection of information; (c) enhance
the quality, usefulness, and clarity of
the information to be collected; and (d)
minimize the burden on the
respondents, including the use of
technology.
To comply with the public
consultation process, on July 8, 2015,
we published a Federal Register notice
(80 FR 39152) announcing that we
would submit this ICR to OMB for
approval. The notice provided the
required 60-day comment period. In
addition, § 250.199 provides the OMB
Control Number for the information
collection requirements imposed by the
30 CFR 250, subpart S regulations and
form. The regulation also informs the
public that they may comment at any
time on the collections of information
and provides the address to which they

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should send comments. We received
one comment in response to the Federal
Register, which was not germane to this
ICR.
Public Availability of Comments:
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: October 13, 2015.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory
Programs.
[FR Doc. 2015–26613 Filed 10–19–15; 8:45 am]

Comments are encouraged and
will be accepted for an additional days
until November 19, 2015.

DATES:

If
you have additional comments on the
estimated burden to facilities covered by
the standards to comply with the
regulation’s reporting requirements,
suggestions, or need additional
information, please contact Emily
Niedzwiecki, Policy Advisor, Bureau of
Justice Assistance, 810 Seventh Street
NW., Washington, DC 20531 (phone:
202–305–9317). Written comments and/
or suggestions can also be directed to
the Office of Management and Budget,
Office of Information and Regulatory
Affairs, Attention Department of Justice
Desk Officer, Washington, DC 20503 or
sent to OIRA_submissions@
omb.eop.gov.

FOR FURTHER INFORMATION CONTACT:

BILLING CODE 4310–VH–P

SUPPLEMENTARY INFORMATION:

DEPARTMENT OF JUSTICE

Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:

[OMB Number 1121–0352]

Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Extension
Without Change, of a Previously
Approved Collection National
Standards To Prevent, Detect, and
Respond to Prison Rape
Bureau of Justice Assistance,
Department of Justice.
ACTION: 30-Day notice.
AGENCY:

The Department of Justice
(DOJ), Office of Justice Programs,
Bureau of Justice Assistance, will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
This proposed information collection
was previously published in the Federal
Register at 80 FR 44996, on July 28,
2015, allowing for a 60 day comment
period.

SUMMARY:

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—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and/or
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.

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