Published Proposed SEMS Rule

Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules
DATES: Submit either electronic or
written data and information by October
17, 2011.
ADDRESSES: You may submit comments,
identified by Docket No. FDA–1978–N–
0018 (formerly Docket No. 1978N–0038)
and/or RIN number 0910–ZA40, by any
of the following methods:

Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.

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Written Submissions

dosage form specifications, for OTC
sunscreen drug products. Among the
data requested is data necessary to
resolve specific questions about the
effectiveness and safety of OTC
sunscreens in spray dosage forms.
II. Extension of the Comment Period
In response to the June 17, 2011,
ANPRM, three submissions (Refs. 1, 2,
and 3) requested an extension of the
comment period, which will end on
September 15, 2011. Two of the
submissions requested that FDA extend
the comment period by 30 days so that
the comment period totals 4 months
(Refs. 1 and 2). The other submission
requested that FDA extend the comment
period by 90 to 180 days so that the
comment period totals 6 to 9 months
(Ref. 3). The submissions cited the need
for additional time to evaluate their
available data and to organize and
submit the data and information that
best addresses FDA’s request while
simultaneously implementing the new
requirements for their sunscreen
products imposed by the Labeling and
Effectiveness Testing final rule that
published in the Federal Register of
June 17, 2011 (76 FR 35620).
FDA is extending the comment period
to end on October 17, 2011. A total
comment period of 4 months is
sufficient for the public to submit
comments to the ANPRM.

Submit written submissions in the
following ways:
• Fax: 301–827–6870.
• Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions):
Division of Dockets Management (HFA–
305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852.
Instructions: All submissions received
must include the Agency name, Docket
No. FDA–1978–N–0018, and RIN 0910–
ZA40 for this rulemaking. All comments
received may be posted without change
to http://www.regulations.gov, including
any personal information provided if
not marked as confidential. For
additional information on submitting
comments, see the ‘‘Request for
Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov, insert the docket
number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Reynold Tan, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 5411,
Silver Spring, MD 20993–0002, 301–
796–2090.
SUPPLEMENTARY INFORMATION:

Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments, data, and information by
October 17, 2011. It is only necessary to
submit one set of comments, data, and
information. It is no longer necessary to
two copies of mailed comments, data,
and information. Identify submissions
with the docket number found in
brackets in the heading of this
document, and may be accompanied by
supporting information. Received
submissions may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Information submitted after the closing
date will not be considered except by
petition under 21 CFR 10.30.

I. Background

IV. References

In the Federal Register of June 17,
2011 (76 FR 35669) (the June 17, 2011,
ANPRM), FDA published an ANPRM
that requested data and information on
OTC sunscreen products marketed
without approved applications that are
formulated in certain dosage forms. FDA
requested these data to help establish
OTC monograph conditions, including

The following references are on
display in the Division of Dockets
Management (see ADDRESSES) under
Docket No. FDA–1978–N–0018 and may
be seen by interested persons between
9 a.m. and 4 p.m., Monday through
Friday.
1. Comment No. FDA–1978–N–0018–
DRAFT–5225.

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III. Request for Comments

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2. Comment No. FDA–1978–N–0018–
DRAFT–5227.
3. Comment No. FDA–1978–N–0018–
DRAFT–5228.
Dated: September 9, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–23479 Filed 9–13–11; 8:45 am]
BILLING CODE 4160–01–P

DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management,
Regulation and Enforcement
30 CFR Part 250
[Docket ID BOEM–2011–0003]
RIN 1010–AD73

Oil and Gas and Sulphur Operations in
the Outer Continental Shelf—Revisions
to Safety and Environmental
Management Systems
AGENCY: Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Proposed rule.
SUMMARY: This rulemaking proposes to
amend BOEMRE regulations to require
operators to develop and implement
additional provisions in their Safety and
Environmental Management Systems
(SEMS) programs for oil, gas, and
sulphur operations in the Outer
Continental Shelf (OCS). These
revisions pertain to developing and
implementing stop work authority and
ultimate work authority, requiring
employee participation in the
development and implementation of
SEMS programs, and establishing
requirements for reporting unsafe
working conditions. In addition, this
proposed rule requires independent
third parties to conduct audits of
operators’ SEMS programs and
establishes further requirements relating
to conducting job safety analysis (JSA)
for activities identified in an operator’s
SEMS program. We believe that these
new requirements will further reduce
the likelihood of accidents, injuries, and
spills in connection with OCS activities
that are regulated under BOEMRE
jurisdiction, by requiring OCS operators
to specifically address issues associated
with human behavior as it applies to
their SEMS program.
DATES: Submit comments by November
14, 2011. BOEMRE may not fully
consider comments received after this
date. Submit comments to the Office of
Management and Budget on the
information collection burden in this

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules

proposed rule by October 14, 2011. This
does not affect the deadline for the
public to comment to BOEMRE on the
proposed regulations.
ADDRESSES: You may submit comments
on the rulemaking by any of the
following methods. Please use the
Regulation Identifier Number (RIN)
1010–AD73 as an identifier in your
message. See also Public Availability of
Comments under Procedural Matters.
• Federal eRulemaking Portal: http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2011–0003 then click search. Follow the
instructions to submit public comments
and view supporting and related
materials available for this rulemaking.
BOEMRE will post all comments.
• Mail or hand-carry comments to the
Department of the Interior; Bureau of
Ocean Energy Management, Regulation
and Enforcement; Attention: Regulations
and Standards Branch (RSB); 381 Elden
Street, MS–4024, Herndon, Virginia
20170–4817. Please reference
‘‘Revisions to Safety and Environmental
Management Systems (SEMS), 1010–
AD73’’ in your comments and include
your name and return address.
• Send comments on the information
collection in this rule to: Interior Desk
Officer 1010–AD73, Office of
Management and Budget; 202–395–5806
(fax); e-mail: oira_docket@omb.eop.gov.
Please also send a copy to BOEMRE.
FOR FURTHER INFORMATION CONTACT:
David Nedorostek, Safety and
Enforcement Branch, BOEMRE, (703)
787–1029.
SUPPLEMENTARY INFORMATION: On
October 15, 2010, BOEMRE published a
final rule that established a new subpart
S in part 250, containing SEMS
requirements for all OCS operators (75
FR 63610). This proposed rule would
add to and amend those requirements.
This proposed rule would apply to all
OCS oil and gas and sulphur operations
and facilities under BOEMRE
jurisdiction including drilling,
production, construction, well
workover, well completion, well
servicing, and Department of the
Interior (DOI) pipeline activities.
Nothing in this proposed rule would
affect the Coast Guard’s authority with
respect to safety regulations and
authorities, and jurisdiction over vessels
and offshore facilities. Thus, because
several other agencies have jurisdiction
over certain aspects of OCS activities
and some of these agencies require the
use of safety management systems, the
requirements related to SEMS programs
under this subpart do not affect
operators’ obligations to comply with
other regulatory requirements outside of

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BOEMRE’s jurisdiction. For example, if
the operator’s activities fall within the
regulatory purview of another agency
(including, e.g., United States Coast
Guard, Department of Homeland
Security), the operator is also required
to follow that agency’s regulations.
Operations and activities that are
regulated under BOEMREs jurisdiction
and that should be identified/discussed
in an operators SEMS plan cover
industrial activities. These cover such
activities as, mineral exploration,
development, pipeline transportation,
storage, production, drilling, completion
and workover. A system/sub-system
breakdown of what is regulated under
BOEMREs jurisdiction can be found in
Annex 1 of MMS/USCG MOA: OCS–01
and in the MMS/USCG MOA: OCS–04
(these documents have been placed in
the public docket). Operators should
refer to these documents when
developing, implementing and auditing
their SEMS plan.
The importance of this proposed rule
is highlighted by the Deepwater Horizon
event on April 20, 2010. The blowout of
the BP Macondo well, and the resulting
explosion on the Deepwater Horizon
drilling rig, resulted in the deaths of 11
workers, the loss of the Deepwater
Horizon, and an oil spill of national
significance. Although the causes of the
event continue to be under
investigation, the event further
illustrates the importance of ensuring
safe operations on the OCS. BOEMRE
therefore intends to continue to evaluate
findings from ongoing investigations
and reviews into the Deepwater Horizon
event, as well as other issues related to
managing human factors to promote
safety and environmental protection for
offshore oil, gas, and sulphur
development.
This proposed rule will further
enhancements to operators’ SEMS
programs. SEMS programs, properly
implemented by the operator, are
designed to improve the safety
performance of offshore operations.
Because SEMS programs focus on the
overall safety performance of offshore
operations activities that are regulated
under BOEMRE jurisdiction, as opposed
to compliance with specific prescriptive
requirements governing those
operations, the success of a SEMS
program ultimately depends on how
effectively the operator engrains the
principles underlying SEMS into the
safety culture of their operations.
BOEMRE remains actively engaged with
industry regarding the substance and
implementation of SEMS programs.
BOEMRE will continue to analyze
information that becomes available, and
to implement standards necessary to

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make offshore oil and gas activity safer
and with appropriate protections for
workers and the environment. BOEMRE
may consider further safety and
environmental protection requirements
as well as other measures in future
rulemakings. This may include
consideration of further interagency
coordination, further analysis of
performance-based and prescriptive
requirements, and maintaining a flexible
approach to adopting requirements that
can keep up with evolving technologies
so as to promote systematic safety and
other relevant matters. BOEMRE
anticipates, in the near future, issuing
an advanced notice of proposed
rulemaking (ANPRM) that will solicit
public comment regarding potential
new safety measures for offshore
operations. The ANPRM will include
discussion of a range of new measures
that are intended to encourage public
comment on potential new prescriptive
requirements, as well as performancebased standards, designed to further
enhance the safety of offshore energy
operations and promote appropriate
safety culture in those operations.
It is the intention of BOEMRE to share
information with the public on
aggregated results from SEMS audits.
BOEMRE will develop metrics that
demonstrate industry’s degree of
compliance with this new regulatory
requirement.
Summary of the Proposed Rule
BOEMRE proposes to expand, revise,
and add several new requirements
necessary for more thorough SEMS
programs, and to facilitate BOEMRE
oversight. BOEMRE believes the
following requirements are necessary
provisions to ensure a complete safety
management program on OCS facilities
that are regulated under BOEMRE
jurisdiction. These six additional
requirements provide several key ways
for offshore employees to help ensure
safe operation of activities that are
regulated under BOEMRE jurisdiction
on the OCS. The addition of a
mandatory independent third party
auditor brings necessary objectivity to
identifying good practices and any
deficiencies that may exist in an
operator’s SEMS program.
(1) Procedures to authorize any and
all employees on the facility to
implement a Stop Work Authority
(SWA) program when witnessing an
activity that is regulated under BOEMRE
jurisdiction that creates a threat of
danger to an individual, property, and/
or the environment;
(2) Clearly defined requirements
establishing who has the ultimate
authority on the facility for operational

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safety and decision making at any given
time;
(3) A plan of action that shows how
operator employees are involved in the
implementation of the American
Petroleum Institute’s Recommended
Practice for Development of a Safety
Environmental Management Program for
Offshore Operations and Facilities (API
RP 75), as incorporated by reference in
the subpart S regulatory requirements in
the October 15, 2010, final rule;
(4) Guidelines for reporting unsafe
work conditions related to an operators
SEMS program, that provide all
employees the right to report a possible
safety or environmental violation(s) and
to request a BOEMRE inspection of the
facility if they believe there is a serious
threat of danger or their employer is not
following BOEMRE regulations;
(5) Revisions that require operators
with SEMS programs to engage
independent third party auditors to
conduct all audits of operators’ SEMS
programs and that the independent
third party auditors must meet the
criteria listed in Section 250.1926 of this
proposed rule;
(6) Additional requirements for
conducting a JSA.
Section-by-Section Discussion of the
Proposed Requirements
What must I include in my SEMS
program? (§ 250.1902)
BOEMRE proposes additional
requirements to subpart S in this
rulemaking. The proposed rule would
revise this section to include references
to the following proposed new sections
and requirements: stop work authority
(§ 250.1930), ultimate work authority
(§ 250.1931), employee participation
(§ 250.1932), and guidelines for
reporting unsafe work conditions
(§ 250.1933). These new requirements
would need to be included in the
operator’s SEMS program.

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Definitions (§ 250.1903)
BOEMRE proposes to add definitions
for management and mobile offshore
drilling unit (MODU) in subpart S.
Management would mean a team of
individuals who have the day-to-day
responsibilities for overseeing
operations conducted on a facility or
providing instruction to operational
personnel, including but not limited to
employees and contractors working on a
facility or in the company’s onshore
offices; Mobile offshore drilling unit or
MODU would mean a vessel capable of
engaging in drilling, well workover, well
completion or well servicing operations
for exploring or exploiting subsea oil,
gas or other mineral resources.

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What criteria for hazards analyses must
my SEMS program meet? (§ 250.1911)
BOEMRE proposes additional
requirements for conducting a JSA. The
proposed requirements would improve
the effectiveness of the JSA through
better identification of risks and
hazards. The operator would be
required to ensure a JSA is prepared,
conducted, and approved for OCS
activities that are regulated under
BOEMRE jurisdiction and identified or
discussed in the SEMS program. A JSA
is a technique used to identify risks to
personnel associated with the activity
and the appropriate mitigation to reduce
these risks. The analysis must include
all personnel involved with or affected
by the activity being conducted. The
JSA must identify, analyze, and record:
the steps involved in performing a
specific job; the existing or potential
safety and health hazards associated
with each step; and the recommended
action(s) or procedure(s) that will
eliminate or reduce these hazards and
the risk of a workplace injury or illness.
If a particular activity is conducted on
a recurring basis, and if the parameters
of these recurring activities do not
change, then the person in charge of the
activity could decide that a JSA for each
employee engaged in that activity is not
required. The parameters the person in
charge would be required to consider in
making this determination include, but
are not limited to, changes in personnel,
procedures, equipment, and/or
environmental conditions associated
with the activity.
The immediate supervisor of the
personnel conducting the work would
be required to prepare the JSA, sign the
JSA, and ensure that all personnel
participating in the job sign the JSA as
well. The person onsite designated by
the operator as the person in charge of
the facility would have to approve and
sign the JSA and document the results
of the JSA in writing.
The operator must conduct training
for all personnel on how to recognize
and identify hazards as part of the
SEMS program. The operator must
provide the training required under this
rule to employees within 30 days of
employment, and not less than once
every 12 months thereafter.
What criteria for training must be in my
SEMS program? (§ 250.1915)
BOEMRE proposes additional
requirements for training so that all
personnel performing activities on the
OCS that are regulated under BOEMRE
jurisdiction are trained to work safely
and are aware of potential
environmental considerations offshore,

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in accordance with their duties and
responsibilities. Training would have to
address the methods of recognizing and
identifying hazards and how to develop
and implement JSAs (§ 250.1911),
operating procedures (§ 250.1913), safe
work practices (§ 250.1914), emergency
response and control measures
(§ 250.1918), stop work authority
(§ 250.1930), ultimate work authority
(§ 250.1931), employee participation
program (§ 250.1932), and the reporting
of unsafe work conditions (§ 250.1933).
Proposed § 250.1915 (c) and (d) would
ensure that changes in standards would
be communicated to operator personnel
and that training for contractor
personnel would be verified.
What are the auditing requirements for
my SEMS program? (§ 250.1920)
BOEMRE proposes to revise this
section by removing the option for the
operator to use designated and qualified
operator personnel to perform an audit
of the SEMS program. Use of an
independent third party will provide for
increased objectivity in regards to
improving personnel safety and
achieving environmental protection as
compared to utilizing a designated and
qualified person of the operator.
Therefore, BOEMRE would require that
audits of operators SEMS programs be
conducted by independent third parties.
Independent third parties would be
required to meet the qualifications
under § 250.1926.
How will BOEMRE determine if my
SEMS program is effective? (§ 250.1924)
BOEMRE proposes to require the
operator to conduct audits using only an
independent third party. The proposed
rule would revise this section to be
consistent with that requirement by
removing the option to allow the
operator to use designated and qualified
operator personnel to perform an audit
of the SEMS program. The audit is the
initial step to determine if an operator’s
SEMS program is effective. It will take
time to ascertain the ultimate
effectiveness of this regulatory
requirement. Provisions for submittal of
accident and incident information in the
initial SEMS rule published in October
2010, will provide metrics that will help
demonstrate the effectiveness of this
requirement. BOEMRE is also
researching additional ways to
determine the effectiveness of an
operator’s SEMS program on an
individual company basis.

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What qualifications must an
independent third party auditor meet?
(§ 250.1926)
BOEMRE proposes to revise this
section by removing the option for the
operator to use designated and qualified
operator personnel to perform an audit
of the SEMS program. This section also
would include new qualifications that
the independent third party auditor
must meet.
The operator would be required to
nominate an independent third party to
audit its SEMS program. The
independent third party must be
capable of performing all tasks
associated with an audit. The operator
would be required to notify BOEMRE in
writing of its nomination and to submit
a request to BOEMRE for approval of the
proposed third party auditor at least 30
days prior to the next audit. The request
must state the name and address of the
nominated individual or organization.
The request would have to include the
following items: Qualifications of the
nominated individual or organization
relating to education and previous
experience with SEMS, or similar
management related programs; previous
experience with BOEMRE regulatory
requirements and procedures; and the
educational background and previous
experience that qualifies the proposed
auditor to understand and evaluate how
the operator’s offshore activities, raw
materials, production methods and
equipment, products, byproducts, and
business management systems may
impact health and safety performance in
the workplace. A request would also
have to include a signed statement that
the independent third party is not
owned or controlled by, or otherwise
affiliated with, the operator. An operator
would also need to have procedures to
avoid conflicts of interest related to the
development of the operator’s SEMS
program and the independent third
party auditor. The proposed rule would
provide that if a third party auditor was
involved in developing and/or
maintaining the SEMS program, then
that person, organization, and/or its
subsidiaries could not audit the SEMS
program.
Under the proposed rule, after
evaluating the third party’s
qualifications, BOEMRE could accept or
not accept the operator’s independent
third party nomination. If BOEMRE
does not accept the nomination of an
independent third party, then the
operator must submit a new nomination
before the audit may go forward.
The audit report, once completed,
must be submitted to BOEMRE and the
operator. BOEMRE will notify the

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operator of whether or not the audit
report is sufficient and acceptable.
Under the proposal, the operator would
be responsible for the costs of the audit.
What are my recordkeeping and
documentation requirements?
(§ 250.1928)
BOEMRE proposes adding additional
requirements to subpart S in this
rulemaking. In the proposed rule, this
section would be revised to include new
recordkeeping and documentation
requirements. For stop work authority,
training and review records would have
to be kept at the facility for 30 days,
retained for two years, and made
available to BOEMRE upon request. The
operator would also have to document
that all personnel participated in the
development and implementation of the
SEMS program. Such records would
have to be retained for two years and
made available to BOEMRE upon
request.
What must be included in my SEMS
program for ‘‘Stop Work Authority’’
(SWA)? (§ 250.1930)
BOEMRE proposes to add a new
section requiring operators to create and
implement an SWA program. This
program would ensure that all
employees and personnel, including
contractors performing activities on the
OCS that are regulated under BOEMRE
jurisdiction, are given the responsibility
and authority to stop work at the facility
when such employees or personnel
witness an activity that is regulated
under BOEMRE jurisdiction that creates
an imminent risk or danger to the health
or safety of an individual or of the
public or to the environment. The SWA
would include authority to stop the
specific task(s) or activity that poses an
imminent risk or danger. Imminent risk
or danger would mean any condition,
activity, or practice in the workplace
that could reasonably be expected to
cause: (1) Death or serious physical
harm immediately or before the risk or
danger can be eliminated through
enforcement procedures; or (2)
significant, imminent environmental
harm to land, air, aquatic, marine or
subsea environments or resources. The
rule would provide further that
individuals who receive notification to
stop work must comply with the
direction immediately. In supporting
the safe execution of work and to
promote a culture of safety at work, all
personnel should have the
responsibility and authority to stop
work or decline to perform an assigned
task when an immediate risk or danger
exists, without fear of reprisal. Persons
exercising the SWA should have

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discussions with co-workers,
supervisors, and/or safety
representatives to attempt to resolve any
safety issues that may be causing the
imminent danger or risk. The proposed
rule would provide that when a stop
work order under an SWA program use
is issued, the person in charge of the
activity that is subject to the order is
responsible for ensuring the work is
stopped in an orderly and safe manner.
The rule would provide further that
work may be resumed upon a
determination by the person on the
facility with ultimate work authority
that the imminent danger or risk does
not exist or no longer exists. The
decision to resume activities would
have to be documented as soon as
practicable.
What must be included in my SEMS
program for ‘‘Ultimate Work Authority’’
(UWA)? (§ 250.1931)
BOEMRE is also proposing a
requirement for operators to specify
who has the Ultimate Work Authority
(UWA) on fixed or floating facilities
(i.e., floating production systems;
floating production, storage and
offloading facilities; tension-leg
platforms; and spars) and on MODUs
performing activities under BOEMRE’s
jurisdiction. The person with the UWA
would be the person on the fixed or
floating facilities or MODU with the
final responsibility for making
decisions. Under the proposed rule, the
operator’s SEMS program must identify
all persons that could have UWA and
those persons must be designated as
such by the operator. Only a single
person would have UWA at any given
time, so operators must take into
consideration all applicable Coast Guard
regulations that deal with designating a
‘‘person in charge’’ (in accordance with
USCG regulations) of a MODU or OCS
floating facility.
The SEMS program would have to
define clearly who is in charge at all
times, and would ensure that all
personnel clearly know who is in
charge, including when that
responsibility shifts to a different
person. The person with UWA must be
known by name and be readily
identifiable, and accessible by every
person on the MODU or fixed and
floating facility. This could be done, for
instance, by posting a notice including
contact information in a public and
easily accessible location.
Proposed § 250.1931(c) would make it
clear that the operator has the
responsibility for ensuring its SEMS
program is implemented on fixed and
floating facilities, and on MODUs
conducting activities under BOEMRE’s

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jurisdiction. The person with the UWA
has a key role in assuring that the
operator’s SEMS program is
implemented in a manner that addresses
personnel safety and protection of the
environment.
Proposed § 250.1931(d) would require
the SEMS program to provide that if an
emergency occurs that creates an
imminent risk or danger to the health or
safety of an individual or the public or
to the environment (as specified in
proposed § 250.1930(a)), the person
with the UWA is authorized to pursue
any action necessary in that person’s
judgment to mitigate and abate the
conditions, activities or practices
causing the emergency. This grant of
authority is needed to ensure that
necessary actions will be taken to deal
with a serious emergency.

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What are my employee participation
program requirements? (§ 250.1932)
BOEMRE proposes to add a new
section to the rule that details operators’
requirements relating to an employee
participation program. Under the
proposed rule, an operator’s
management would be required to
consult with its employees that perform
activities on the OCS that are regulated
under BOEMRE jurisdiction on the
development and implementation of the
SEMS program. Management would also
have to develop a written plan of action
regarding how appropriate employees,
in both the operator’s offices and
working on offshore facilities, will
participate in the SEMS program
development and implementation. The
operator would have to provide each
employee and contractor employee
access to the SEMS program and to all
other information required by API RP
75, as incorporated, and the employee
participation program. Management
must provide BOEMRE a copy of the
employee participation program upon
request and make it available during an
audit.
What criteria must be included for
reporting unsafe work conditions?
(§ 250.1933)
BOEMRE is proposing guidelines for
the reporting of unsafe work conditions,
which would permit operator personnel
and contractors on any facility engaged
in OCS activities under BOEMRE
jurisdiction to report to BOEMRE
violations of any BOEMRE order or
regulation or any other provision of
Federal law relating to offshore safety or
other hazardous or unsafe working
conditions. These procedures must also
include the existing Coast Guard unsafe
working conditions reporting
requirements found in 33 CFR 142.7 and

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46 CFR 109.419. The proposed rule
would specify that a report should
contain sufficient credible information
to establish a reasonable basis for
BOEMRE to determine whether a
violation or other hazardous or unsafe
working condition exists. Under the
proposed rule, an employee or
contractor would not be required to
know whether a specific BOEMRE order
or regulation has been violated in order
to report potentially unsafe conditions.
The proposal would provide that the
identity of any person making a report
under paragraph (c) of this section will
not be made available by BOEMRE,
without the permission of the reporting
person, to anyone other than the
employees of BOEMRE who have a need
for the record in the performance of
their official duties. Under the proposal,
after reviewing the report and
conducting any necessary investigation,
BOEMRE would notify the operator of
any deficiency or hazard and initiate
enforcement measures as the
circumstances warrant.
The report could either be made in
writing to the address provided in the
regulation or verbally by calling the
BOEMRE hotline (1–877–440–0173).
As relates to the reporting of unsafe
work conditions, the operator would be
responsible for:
(1) Posting a notice explaining
personnel rights and remedies in a
visible location at the place of
employment where employees frequent;
(2) Providing training to personnel
about their rights and responsibilities
within 30 days of employment, and at
least once every 12 months thereafter;
and
(3) Providing personnel with a card
containing a toll-free telephone number
to contact BOEMRE or file a complaint.
Procedural Matters
Regulatory Planning and Review
(Executive Order (E.O.) 12866)
This proposed rule is a significant
rule as determined by the Office of
Management and Budget (OMB) and is
subject to review under E.O. 12866.
(1) This proposed rule would not have
an annual effect of $100 million or more
on the economy. It would not adversely
affect in a material way the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
(2) This proposed rule would not
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency.
(3) This proposed rule would not alter
the budgetary effects of entitlements,

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grants, user fees, or loan programs or the
rights or obligations of their recipients.
(4) This proposed rule might raise
novel legal or policy issues arising out
of legal mandates, the President’s
priorities, or the principles set forth in
E.O. 12866.
BOEMRE has prepared a Regulatory
Impact Analysis (RIA) for this
rulemaking. The full analysis can be
found on Federal eRulemaking Portal:
http://www.regulations.gov. In the entry
titled ‘‘Enter Keyword or ID,’’ enter
BOEM–2011–0003 then click search.
Follow the instructions to view the RIA
and submit public comments for this
rulemaking.
BOEMRE estimates the average
annual cost of complying with this
rulemaking is $26.9 million, spread
across all OCS oil and gas operators
with active operations. The benefits of
the proposed SEMS provisions in this
rulemaking would come from enhanced
safety for offshore workers and greater
protection of the marine environment.
These benefits would be realized
through additional employee
participation in safety procedures,
training programs, notification
obligations, as well as strengthened
safety and SEMS auditing procedures.
We estimated the costs of this
proposed regulation by totaling the costs
from both the Paperwork Reduction Act
(PRA) burden estimates and the
estimated required training costs added
through this rulemaking. BOEMRE
estimates that the compliance costs for
this regulation are $15.2 million for
recordkeeping, administration, and
related costs and $11.7 million for
training costs. This yields a total
estimated annual compliance cost for
this proposed rule of $26.9 million.
Because OCS operators have until
November 15, 2011 to implement to all
thirteen elements of the SEMS program
per 30 CFR 250.1900(a), the compliance
cost estimate for this regulation also
considers burden hours for legacy
implementation costs covered by the
PRA. These legacy PRA costs are
estimated to be $40.0 million. If these
legacy costs are included the total
estimated compliance cost for this
proposed rule is $66.9 million ($15.2 +
$11.7 + $40.0 = $66.9 million).
The protection of human life and the
environment are the top priorities and
objectives of this rule. While it is
difficult to quantify the benefits of the
lives saved and risks avoided due to this
proposed regulation, implementation of
a comprehensive SEMS program with
these newly proposed requirements is
intended to further the goal of avoiding
accidents that may result in injuries,

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fatalities, and serious environmental
damage.
The compliance cost for managing a
comprehensive SEMS program is very
minor compared to the costs associated
with major accidents. For example, in
1987, prior to industry’s development of
a safety management template for
offshore operations, the Mississippi
Canyon 311, A (Bourbon), platform in
the Gulf of Mexico was tilted to one side
by an extensive underground blowout.
The cost associated with this incident
alone was $274,000,000. In 1989, a fire
associated with a pipeline repair killed
7 people and destroyed a major
production facility. The 2010 Macondo
blowout event killed 11 people,
destroyed the drilling rig and caused
billions of dollars in damage. A SEMS
program is not a guarantee of avoiding
or preventing all accidents, but
BOEMRE’s intent in requiring a
comprehensive SEMS program, which
includes all 13 elements in API RP75
and these newly proposed provisions in
this rulemaking, is to reduce the
likelihood of these types of accidents
and incidents and raise the safety
awareness of all personnel.
Regulatory Flexibility Act
An Initial Regulatory Flexibility
Analysis (IRFA) has been prepared for
this rulemaking and is available as part
of the RIA. The IRFA can be found on
Federal eRulemaking Portal: http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2011–0003, then click search. Follow
the instructions to view the RIA and
IRFA and submit public comments for
this rulemaking.
The changes proposed in the rule
would affect lessees and operators of
leases and pipeline right-of-way holders
in the OCS. This group could include
about 130 active Federal oil and gas
lessees. Small lessees that operate under
this rule fall under the Small Business
Administration’s North American
Industry Classification System (NAICS)
codes 211111, Crude Petroleum and
Natural Gas Extraction, and 213111,
Drilling Oil and Gas Wells. For these
NAICS code classifications, a small
company is one with fewer than 500
employees. Based on these criteria, an
estimated 65 percent of the affected
companies are considered small. This
proposed rule, therefore, would affect a
substantial number of small entities.
Small entities are represented in all
activity levels of OCS operations (high,
moderate, and low based on the number
of offshore complexes the entity
operates). Small companies would bear
approximately 40 percent of the costs of
this proposed rulemaking. This is

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approximately $10.7 million of the
$26.9 million estimated compliance cost
for this proposed rule. If the legacy PRA
burden implementation costs are added
to the new costs in this proposed
rulemaking, small companies’ burden is
about $27.5 million of the estimated
$66.9 million.
While 40 percent is greater than small
companies’ share of OCS leases, small
companies hold 45 percent of leases in
the shallow water depths where most
production facilities are located (98
percent of active platforms are in
shallow water).
The operating risk for small
companies to incur safety or
environmental accidents is not
necessarily lower than it is for largersized companies. Offshore operations
are highly technical and can be
hazardous. Adverse consequences in the
event of incidents, are the same
regardless of the operator’s size. We
have evaluated a number of alternatives
to accommodate small entities and
facilitate compliance with the intent of
this rulemaking, but were unable to
identify provisions that would achieve
the same safety objectives.
Your comments are important. The
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were
established to receive comments from
small businesses about Federal agency
enforcement actions. The Ombudsman
will annually evaluate the enforcement
activities and rate each agency’s
responsiveness to small business. If you
wish to comment on the actions of
BOEMRE, call 1–888–734–3247. You
may comment to the Small Business
Administration without fear of
retaliation. Allegations of
discrimination/retaliation filed with the
Small Business Administration will be
investigated for appropriate action.

Unfunded Mandates Reform Act of 1995
This proposed rule would not impose
an unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. This
proposed rule would not have a
significant or unique effect on State,
local, or tribal governments or the
private sector. A statement containing
the information required by the
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.) is not required.

Small Business Regulatory Enforcement
Fairness Act
The proposed rule is not a major rule
under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.). This proposed rule:
a. Would not have an annual effect on
the economy of $100 million or more.
b. Would not cause a major increase
in costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Would not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
The requirements would apply to all
entities operating on the OCS.

Consultation With Indian Tribes (E.O.
13175)
Under the criteria in E.O. 13175, we
have evaluated this proposed rule and
determined that it has no substantial
effects on federally recognized Indian
tribes.

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Takings Implication Assessment (E.O.
12630)
Under the criteria in E.O. 12630, this
proposed rule does not have significant
takings implications. The proposed rule
is not a governmental action capable of
interference with constitutionally
protected property rights. A Takings
Implication Assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this
proposed rule does not have federalism
implications. This proposed rule would
not substantially and directly affect the
relationship between the Federal and
State governments. To the extent that
State and local governments have a role
in OCS activities, this proposed rule
would not affect that role. A Federalism
Assessment is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.

Paperwork Reduction Act (PRA) of 1995
This rulemaking proposes to add new
requirements to current regulations
under 30 CFR 250, Subpart S, Safety
and Environmental Management
Systems for Outer Continental Shelf Oil
and Gas Operations. Therefore, an
information collection request is being
submitted to OMB for review and
approval under 44 U.S.C. 3501 et seq.
The information collection for the
current regulations is approved under

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules
OMB Control Number 1010–0186
(expiration date 10/31/2013, 465,099
burden hours, $12,933,000 non-hour
cost burdens).
As part of our continuing effort to
reduce paperwork and respondent
burdens, BOEMRE invites the public
and other Federal agencies to comment
on any aspect of the reporting and
recordkeeping burden. If you wish to
comment on the information collection
aspects of this proposed rule, please
send your comments directly to OMB
and send a copy of your comments to
the Regulations and Standards Branch
(see the ADDRESSES section of this
notice). Please reference; 30 CFR Part
250, Subpart S, Safety and
Environmental Management Systems for
Outer Continental Shelf Oil and Gas
and Sulphur Operations, 1010–0186 in
your comments. You may obtain a copy
of the supporting statement for the new
collection of information by contacting
the Bureau’s Information Collection
Clearance Officer at (703) 787–1025.
The PRA provides that an agency may
not conduct or sponsor, and a person is
not required to respond to, a collection
of information unless it displays a
currently valid OMB control number.

OMB is required to make a decision
concerning the collection of information
contained in these proposed regulations
between 30 to 60 days after publication
of this document in the Federal
Register. Therefore, a comment to OMB
is best assured of having its full effect
if OMB receives it by October 14, 2011.
This does not affect the deadline for the
public to comment to BOEMRE on the
proposed regulations.
The title of the collection of
information for the rule is 30 CFR part
250, subpart S, Safety and
Environmental Management Systems for
Outer Continental Shelf Oil and Gas and
Sulphur Operations. Respondents are
Federal OCS lessees, operators, and
independent third-parties. Responses to
this collection are mandatory. The
frequency of response varies, but is
primarily on occasion. The information
collection (IC) does not include
questions of a sensitive nature.
BOEMRE will protect proprietary
information according to the Freedom of
Information Act (5 U.S.C. 522) and its
implementing regulations (43 CFR part
2); 30 CFR 250.197, Data and
information to be made available to the

56689

public or for limited inspection; and 30
CFR part 252, OCS Oil and Gas
Information Program. BOEMRE will use
the information to evaluate the effect of
industry’s continued improvement of
OCS safety and environmental
management and its compliance with
the regulations. It should be noted that
while this rulemaking adds additional
burden hours to industry, the vast
majority of these hours stem from
expanding their current SEMS program,
along with documenting and
recordkeeping relative to these
expanded requirements, to address
issues raised in testimony, hearings, and
reports being released about the
Deepwater Horizon explosion and
resulting oil spill.
This proposed rulemaking would add
177,077 burden hours through
expansion of some existing
requirements and through new
regulatory requirements to the 465,099
hours already approved for this subpart,
for a total of 642,176 hour burdens. The
burden table portrays only the
Expanded and/or New requirements/
burden hours that would be added to
those already approved by OMB.

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BURDEN TABLE
[Italics show expansion of existing requirements; bold indicates new requirements]
Citation 30 CFR 250
subpart S

Reporting and recordkeeping requirement

Hour burden

Average number of
annual responses

1900–1933 Expanded ..

High Activity Operator: * * * As part of your
SEMS, you must also develop and implement written procedures for SWA and include item as standard info pertaining to
SWA in all JSA drills; plan of action re employee participation and implementation;
UWA info/designated person; procedures
for employees to report unsafe work conditions * * *.

2,848 ...........................

13 operators ...............

37,024.

1900–1933 Expanded ..

Moderate Activity Operator: * * * As part of
your SEMS, you must also develop and implement written procedures for SWA and include item as standard info pertaining to
SWA in all JSA drills; plan of action re employee participation and implementation;
UWA info/designated person; procedures
for employees to report unsafe work conditions * * *.

2,188 ...........................

41 operators ...............

89,708.

1900–1933 Expanded ..

Low Activity Operator: * * * As part of your
SEMS, you must also develop and implement written procedures for SWA and include item as standard info pertaining to
SWA in all JSA drills; plan of action re employee participation and implementation;
UWA info/designated person; procedures
for employees to report unsafe work conditions * * *.

100 ..............................

76 operators ...............

7,600.

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

Direct supervisor and onsite supervisory approval to conduct a JSA. Employee participation and signing.

1 min ...........................

130 operators × 365
days × 6 = 284,700*.

4,745.

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Additional annual
burden hours

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules
BURDEN TABLE—Continued
[Italics show expansion of existing requirements; bold indicates new requirements]

Citation 30 CFR 250
subpart S

Reporting and recordkeeping requirement

Hour burden

Average number of
annual responses

Additional annual
burden hours

1920(c); 1925(a), (c);
1926(e).

Submit to BOEMRE after completed audit, report of findings and conclusions, including
deficiencies and required supporting information/documentation.

Burden already covered under 1010–0186.

1925(a); 1926(f) ...........

Pay for all costs associated with BOEMRE directed audit approximately 20 percent per
operator per category: 3 required audits for
high operator ($20,000 per audit × 3 audits
= $60,000); 8 required audits for moderate
operator ($12,000 per audit × 8 audits =
$96,000; and 15 required audits for low operator ($9,000 per audit per 15 audits =
$135,000) = 26 required audits per year at
a total yearly combined cost of $291,000.

Burden already covered under 1010–0186.

1926(a), (d) New ..........

Notify BOEMRE in writing of nomination of
independent third party auditor, submit request 30 days prior to audit re approval
with relevant information; include signed
statement re owned/controlled by operator
and submit new nomination if needed.

3 ..................................

130 operators once
every 3 years = 43.

129.

1928Expanded .............

* * * (4) SWA documentation must be kept
onsite for 30 days; retain records for 2
years. (5) Document and retain employee
participation records for 2 years. (6) All documentation included in this requirement
must be made available to BOEMRE upon
request.

2 hrs/mo × 12 mos/yr
= 24 hrs.
30 mins .......................

1,007 manned facilities

24,168.

2,447 unmanned facilities.

1,224 (rounded)

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

Document decision to resume SWA activities

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

Once every 2 weeks =
26.

208.

1932(d), (e) New ..........

Upon request, provide BOEMRE copy of employee participation program; make program available during an audit.

1 ..................................

43 audits .....................

43.

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

Employee reports unsafe practices and/or
health violation.

10 mins .......................
30 mins .......................

1 oral ...........................
1 written ......................

1 hour (rounded).

1933(f) New .................

Post notice where employees can view employees’ rights for reporting unsafe practices.

30 mins .......................

3,454 facilities .............

1,727.

1933(h) New ................

Provide to all employees unsafe activities
card with relevant information.

10 mins .......................

63,000 full/part time
employees.

10,500.

Total Hour Burden to be added to 30 CFR 250, subpart S .........................................................................................................

177,077 hours.

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* We calculated operators conducting six JSAs a day (3 JSAs for each 12-hour shift). Some contractors may perform none for a particular day,
whereas others may conduct more than six per day. This estimate is an average.

BOEMRE specifically solicits
comments on the following questions:
(a) Is the proposed collection of
information necessary for BOEMRE to
properly perform its functions, and will
it be useful?
(b) Are the estimates of the burden
hours of the proposed collection
reasonable?
(c) Do you have any suggestions that
would enhance the quality, clarity, or
usefulness of the information to be
collected?
(d) Is there a way to minimize the
information collection burden on those

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who are to respond, including the use
of appropriate automated electronic,
mechanical, or other forms of
information technology?
In addition, the PRA requires agencies
to estimate the total annual reporting
and recordkeeping non-hour cost
burden resulting from the collection of
information. We have not identified any
additional costs in this proposed
rulemaking, and we solicit your
comments on this item. For reporting
and recordkeeping only, your response
should split the cost estimate into two
components: (a) Total capital and

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startup cost component, and (b) Annual
operation, maintenance, and purchase
of services component. Your estimates
should consider the costs to generate,
maintain, and disclose or provide the
information. You should describe the
methods you use to estimate major cost
factors, including system and
technology acquisition, expected useful
life of capital equipment, discount
rate(s), and the period over which you
incur costs. Generally, your estimates
should not include equipment or
services purchased:
(1) Before October 1, 1995;

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(2) To comply with requirements not
associated with the information
collection;
(3) For reasons other than to provide
information or keep records for the
Government; or
(4) As part of customary and usual
business or private practices.
National Environmental Policy Act of
1969
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment.
BOEMRE has analyzed this proposed
rule under the criteria of the National
Environmental Policy Act and 516
Departmental Manual 15. This proposed
rule meets the criteria set forth in 43
CFR 46.210 for a Departmental
‘‘Categorical Exclusion’’ in that this rule
is ‘‘ * * * of an administrative,
financial, legal, technical, or procedural
nature. * * *’’ Further, BOEMRE has
analyzed this rule to determine if it
meets any of the extraordinary
circumstances that would require an
environmental assessment or an
environmental impact statement as set
forth in 43 CFR 46.215.
Each section and subsection has also
been reviewed to ensure that no
potentially relevant extraordinary
circumstances apply to the proposed
action that would warrant the
preparation of an environmental
assessment or environmental impact
statement. All extraordinary
circumstances were considered in
accordance with 43 CFR 46.215, but
only the following ones are potentially
applicable:
a. Have significant and adverse
impacts on public health or safety.
b. Establish a precedent for future
action or represent a decision in
principle about future actions with
potentially significant environmental
effects.
c. Have a direct relationship to other
actions with individually insignificant
but cumulatively significant
environmental effects.
The first extraordinary circumstance
does not apply since rule promulgation
would not contribute to any significant
and adverse impacts on public health
and safety. The SEMS program is likely
to improve OCS safety, given the
available incident data trends and
associated 10 years of analysis. The
second extraordinary circumstance does
not apply since the promulgation of the
rule or the eventual implementation of
SEMS by operators does not set
precedent for future actions or decisions
by BOEMRE. The last extraordinary
circumstance does not apply since there
is no direct relationship between this

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rulemaking and other actions that could
together contribute to cumulatively
significant effects.
Most subsections of the rule address
strictly administrative, technical, and/or
procedural matters. Specific examples
include definitions of terminology,
scope and timing of documentation,
recordkeeping, and transfer of
information, and general descriptions of
what is to be included in written
procedures. The rule does not create the
potential for environmental effects as a
result of new technologies, technology
configurations, or technological
procedures as such measures are not
part of the rule. For aspects of the rule
dealing with mechanical integrity and
inspections, the requirements are
procedural and technical as the rule
covers the content of the written
procedures. While the rule identifies the
requirement, it allows the operator to
choose the means to achieve compliance
as long as the means are consistent with
the SEMS requirements.
Other subsections require activities in
addition to administrative tasks,
advance planning and procedural
documentation, such as training and
emergency response drills, and require
corrective procedural actions that
address human errors identified in
investigations. These requirements are
also considered procedural in nature
since the subsections describe general
and ordered steps that operators must
undertake to have and maintain a
compliant SEMS program. Subsections
that require training of personnel on
conducting drills are procedural in that
they target the cognitive skills and
knowledge of personnel (e.g.,
§ 250.1915(b)) and/or clarify the
purpose and/or scope of training (e.g.,
§ 250.1918(c)). For example, in
§ 250.1918, BOEMRE requires training
and drills for personnel to exercise
elements in the Emergency Action Plan
that focus on response, control, and
evacuation procedures and reporting.
The principal purpose of this is to
ensure retention of and refine the skills,
knowledge, and abilities of personnel.
BOEMRE concluded that this rule does
not meet any of the criteria for
extraordinary circumstances as set forth
in 43 CFR 46.215.
Data Quality Act
In developing this rule, we did not
conduct or use a study, experiment, or
survey requiring peer review under the
Data Quality Act (Pub. L. 106–554, app.
C § 515, 114 Stat. 2763, 2763A–153–
154).

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56691

Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. A Statement of Energy Effects is
not required.
Clarity of This Regulation
We are required by E.O. 12866, E.O.
12988, and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that you find
unclear, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
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.
List of Subjects in 30 CFR Part 250
Administrative practice and
procedure, Continental shelf,
Environmental protection, Public
lands—mineral resources, Reporting
and recordkeeping requirements.
Dated: September 9, 2011.
Ned Farquhar,
Deputy Assistant Secretary—Land and
Minerals Management.

For the reasons stated in the
preamble, Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE) proposes to
amend 30 CFR part 250 as follows:

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules

PART 250—OIL AND GAS AND
SULPHUR OPERATIONS IN THE
OUTER CONTINENTAL SHELF
1. The authority citation for 30 CFR
part 250 continues to read as follows:
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.

2. Amend § 250.1902 by adding
paragraphs (a)(14), (a)(15), (a)(16), and
(a)(17) to read as follows:
§ 250.1902 What must I include in my
SEMS program?

*

*
*
*
*
(a) * * *
(14) Stop Work Authority (see
§ 250.1930).
(15) Ultimate Work Authority (see
§ 250.1931).
(16) Employee Participation (see
§ 250.1932).
(17) Reporting Unsafe Work
Conditions (see § 250.1933).
*
*
*
*
*
3. Amend § 250.1903 by adding
definitions of ‘‘Management’’ and
‘‘Mobile offshore drilling unit or
MODU’’ in alphabetical order to read as
follows:
§ 250.1903

Definitions.

*

*
*
*
*
Management means a team of
individuals who have the day-to-day
responsibilities for overseeing
operations conducted on a facility or
providing instruction to operational
personnel, including but not limited to
employees and contractors working on a
facility or in the company’s onshore
offices.
Mobile offshore drilling unit or MODU
means a vessel capable of engaging in
drilling well workover, well completion
and well servicing operations for
exploring or exploiting subsea oil, gas or
other mineral resources.
*
*
*
*
*
4. In § 250.1911, revise paragraph (b)
and add new paragraphs (c) and (d) to
read as follows:
§ 250.1911 What criteria for Hazards
Analyses must my SEMS program meet?

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*

*
*
*
*
(b) Job Safety Analysis (JSA). You
must ensure a JSA is prepared,
conducted, and approved for OCS
activities that are regulated under
BOEMRE jurisdiction that are identified
or discussed in your SEMS program.
The JSA is a technique used to identify
risks to personnel associated with the
activity and the appropriate mitigation
to reduce these risks. The JSA must
include all personnel involved with or
affected by the activity being conducted.
You must ensure that:

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(1) Your JSA identifies, analyzes, and
records:
(i) The steps involved in performing
a specific job;
(ii) The existing or potential safety
and health hazards associated with each
step; and
(iii) The recommended action(s)/
procedure(s) that will eliminate or
reduce these hazards and the risk of a
workplace injury or illness.
(2) The immediate supervisor of the
crew conducting the work must conduct
the JSA, sign the JSA, and ensure that
all personnel participating in the job
sign as well.
(3) The person onsite designated by
the operator as the person in charge of
the facility must approve and sign the
JSA.
(4) A single JSA remains sufficient
provided that the relevant activity is
recurring, without major changes to
personnel, procedures, equipment,
environmental conditions, or other
major issues associated with that
activity.
(c) As part of your SEMS program, all
employees and contractors who perform
activities on the OCS that are regulated
under BOEMRE jurisdiction must be
trained on the methods of recognizing
and identifying hazards, and the
development and implementation of
your JSA. You must provide training to
these personnel within 30 days of
employment, and not less than once
every 12 months thereafter.
(d) You must verify that contractors
have received training and that
contractor employees have understood
the training.
5. Amend § 250.1915 by revising the
introductory text and paragraphs (c) and
(d) to read as follows:
§ 250.1915 What criteria for training must
be in my SEMS program?

Your SEMS program must establish
and implement a training program so
that all personnel who perform
activities on the OCS that are regulated
under BOEMRE jurisdiction are trained
to work safely and are aware of potential
environmental impacts offshore, in
accordance with their duties and
responsibilities. Training must address
the methods of recognizing and
identifying hazards and how to develop
and implement JSAs (§ 250.1911),
operating procedures (§ 250.1913), safe
work practices (§ 250.1914), emergency
response and control measures
(§ 250.1918), stop work authority
(§ 250.1930), ultimate work authority
(§ 250.1931), employee participation
program (§ 250.1932), and the reporting
of unsafe work conditions (§ 250.1933).
*
*
*
*
*

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(c) Communication requirements to
ensure that whenever a change is made
to the methods of recognizing and
identifying hazards and how to develop
and implement JSAs (§ 250.1911),
operating procedures (§ 250.1913), safe
work practices (§ 250.1914), emergency
response and control measures
(§ 250.1918), stop work authority
(§ 250.1930), ultimate work authority
(§ 250.1931), employee participation
program (§ 250.1932), or the reporting of
unsafe work conditions (§ 250.1933),
personnel will be trained in or
otherwise given notice of the change
before they are expected to operate the
facility.
(d) Identify how you will verify that
the contractors are trained in the work
practices necessary to perform their jobs
in a safe and environmentally
responsible manner, including training
on the methods of recognizing and
identifying hazards, and the
implementation of JSAs (§ 250.1911),
operating procedures (§ 250.1913), safe
work practices (§ 250.1914), emergency
response and control measures
(§ 250.1918), stop work authority
(§ 250.1930), ultimate work authority
(§ 250.1931), employee participation
program (§ 250.1932), and the reporting
unsafe of work conditions (§ 250.1933).
6. Amend § 250.1920 by:
a. Revising the first sentence of
paragraph (a), and
b. Revising paragraphs (b)(6) and (c)
to read as follows:
§ 250.1920 What are the auditing
requirements for my SEMS program?

(a) You must have your SEMS
program audited by an independent
third party according to the
requirements of this subpart and API RP
75, Section 12 (incorporated by
reference as specified in § 250.198)
within two years of the initial
implementation of the SEMS program
and at least once every three years
thereafter. * * *
(b) * * *
(6) Section 12.6 Audit Team. The
audit that you submit to BOEMRE must
be conducted by an independent third
party. The independent third party must
meet the requirements in § 250.1926.
(c) You must require the independent
third party auditor to submit an audit
report of the findings and conclusions of
the audit to BOEMRE within 30 days of
the audit completion date. The report
must outline the results of the audit,
including any deficiencies identified
through the audit.
*
*
*
*
*
7. Amend § 250.1924 by:
a. Revising the second sentence of
paragraph (a), and

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b. Revising paragraph (b)(2) to read as
follows:
§ 250.1924 How will BOEMRE determine if
my SEMS program is effective?

(a) * * * BOEMRE or its authorized
representative may evaluate your SEMS
program, including documentation of
contractors, independent third parties,
and auditors, and audit reports, to
assess your SEMS program. * * *
(b) * * *
(2) The qualifications of the
independent third party;
*
*
*
*
*
8. Revise § 250.1926 to read as
follows:

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§ 250.1926 What qualifications must an
independent third party auditor meet?

(a) You must nominate an
independent third party to audit your
SEMS program. The independent third
party auditor must be capable of
performing all tasks associated with a
SEMS program audit. You must notify
BOEMRE in writing of your nomination
and must submit a request to BOEMRE
for approval at least 30 days prior to
your next audit. The request must state
the name and address of the nominated
individual or organization and the
request must include the following
listed items:
(1) Qualifications of the individual or
organization related to:
(i) Education and previous experience
with SEMS, or similar management
related programs;
(ii) Previous experience with
BOEMRE regulatory requirements and
procedures;
(iii) Educational background and
previous experience relevant to
understanding and evaluating how the
operator’s offshore activities, raw
materials, production methods and
equipment, products, byproducts, and
business management systems may
impact health and safety performance in
the workplace; and
(2) A statement signed by the
operator’s management that the
independent third party auditor is not
owned or controlled by, or otherwise
affiliated with, the operator’s company:
(b) You must have procedures to
avoid conflicts of interest related to the
development of your SEMS program
and the independent third party auditor.
If an independent third party developed
and/or maintains your SEMS program,
then that person and/or its subsidiaries
cannot audit your SEMS program.
(c) After evaluating the qualifications
of the nominated independent third
party auditor, BOEMRE may or may not
approve your nomination.
(d) If BOEMRE does not approve your
nomination of an independent third

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party auditor, then you must submit a
new nomination.
(e) The independent third party
auditor’s audit report must meet the
criteria in § 250.1920(c) and the
independent third party auditor must
submit the audit report to BOEMRE and
the operator. BOEMRE will notify the
operator if BOEMRE accepts or rejects
the audit report.
(f) You are responsible for all of the
costs associated with the audit.
9. Amend § 250.1928 by:
a. Redesignating paragraph (f) as
paragraph (h), and
b. Adding new paragraphs (f) and (g)
to read as follows:
§ 250.1928 What are my recordkeeping
and documentation requirements?

*

*
*
*
*
(f) For Stop Work Authority (SWA),
you must document all training and
reviews and must ensure that these
records are kept on the facility for 30
days. You must retain these records for
two years and make them available to
BOEMRE upon request.
(g) For Employee Participation, you
must document that your employees
participated in the development and
implementation of the SEMS program,
retain these records for two years and
make them available to BOEMRE upon
request.
*
*
*
*
*
10. Add new § 250.1930 to read as
follows:
§ 250.1930 What must be included in my
SEMS program for ‘‘Stop Work Authority’’
(SWA)?

(a) Your SEMS program must include
SWA procedures that authorize and
make responsible any and all employees
and other personnel (including
contractors) who perform activities on
the OCS that are regulated under
BOEMRE jurisdiction and witness an
activity that creates an imminent risk or
danger to the health or safety of an
individual, the public, or to the
environment to immediately stop the
work that is creating the risk or danger.
In this section, imminent risk or danger
means any conditions activities or
practices in the workplace that could
reasonably be expected to cause:
(1) Death or serious physical harm
immediately or before the risk or danger
can be eliminated through enforcement
procedures; or
(2) Significant, imminent harm to
land, air, aquatic, marine or subsea
environments or resources.
(b) The person in charge of a specific
activity is responsible for ensuring the
work is stopped in an orderly and safe
manner. Individuals who receive a

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notification to stop work must comply
with that direction immediately.
(c) Work may be resumed upon a
determination by the person on the
facility with ultimate work authority
that the imminent risk or danger that led
to the stoppage does not exist or no
longer exists. The decision to resume
activities must be documented in
writing as soon as practicable.
(d) You must include SWA authority
and expectations as a standard line item
in all JSA drills.
(e) You must conduct training on your
SWA Policy and Program as part of all
new employee and contractor
orientations that perform activities on
the OCS that are regulated under
BOEMRE jurisdiction. Additionally, a
review of the SWA Policy must be
completed as part of all safety meetings.
11. Add new § 250.1931 to read as
follows:
§ 250.1931 What must be included in my
SEMS program for ‘‘Ultimate Work
Authority’’ (UWA)?

(a) For fixed and floating facilities
(e.g., floating production systems;
floating production, storage and
offloading facilities; tension-leg
platforms; and spars) and for MODUs
performing activities under BOEMRE’s
jurisdiction, your SEMS program must
identify the person with the ultimate
work authority (UWA), i.e. the person
located on the facility or MODU with
the final responsibility for making
decisions relating to activity and
operations on the facility. This person
must be designated by the operator
taking into account all applicable Coast
Guard regulations that deal with
designating a ‘‘person in charge’’ (in
accordance with USCG definition) of a
MODU or OCS facility found in 33 CFR
146.5 and 46 CFR 109.109. Your SEMS
program must clearly define who is in
charge at all times.
(b) You must ensure that all personnel
clearly know who has UWA and who is
in charge of a specific operation or
activity that are regulated under
BOEMRE jurisdiction, including when
that responsibility shifts to a different
person.
(c) The operator must ensure that all
the provisions of its SEMS program are
implemented on fixed and floating
facilities, and on MODUs conducting
activities under BOEMRE’s jurisdiction.
(d) The SEMS program must provide
that if an emergency occurs that creates
an imminent risk or danger to the health
or safety of an individual, the public, or
to the environment (as specified in
§ 250.1930(a)), the person with the
UWA is authorized to pursue the most
effective action necessary in that

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person’s judgment for mitigating and
abating the conditions or practices
causing the emergency.
12. Add new § 250.1932 to read as
follows:
§ 250.1932 What are my employee
participation program requirements?

(a) Management must consult with
their employees on the development
and implementation of the company’s
SEMS program.
(b) Management must develop a
written plan of action regarding how
appropriate employees, in both the
operator’s offices and working on
offshore facilities, will participate in
their SEMS program development and
implementation.
(c) You must provide each employee
of the operator and each contractor
access to your SEMS program.
(d) Management must provide
BOEMRE a copy of their employee
participation program upon request.
(e) Management must assure that their
employee participation program is made
available during an audit.
13. Add new § 250.1933 to read as
follows:

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§ 250.1933 What criteria must be included
for reporting unsafe work conditions?

(a) Your SEMS program must include
procedures that address the reporting of
unsafe work conditions. These
procedures must include the existing
Coast Guard unsafe working conditions
reporting requirements found in 33 CFR
142.7 and 46 CFR 109.419.
(b) The unsafe work conditions
section of your SEMS program must
ensure all personnel including the
operator’s employees contractor
employees, as well as, contractors
providing domestic services to the
lessee or other contractors, including
domestic services include janitorial
work, food and beverage service,
laundry service, housekeeping, and
similar activities, who perform activities
on the OCS that are under BOEMRE
jurisdiction are covered by the program.
An employee or contractor is not
required to know whether a specific
BOEMRE order or regulation has been
violated in order to report unsafe
conditions.
(c) Any person may report to
BOEMRE a possible violation of any
BOEMRE order, standard, or regulation
in this subchapter, or other Federal law
relating to offshore safety, or any other
hazardous or unsafe working condition
on any facility engaged in OCS activities
under BOEMRE jurisdiction. The report
should contain sufficient credible
information to establish a reasonable
basis for BOEMRE to investigate

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whether a violation or other hazardous
or unsafe working condition exists.
(1) To report hazardous or unsafe
working conditions or a violation, you
can contact BOEMRE by:
(2) [By Phone]: 1–877–440–0173 or
202–208–5646 (BOEMRE Safety
Hotline).
(3) [Write To]: U.S. Department of the
Interior, Bureau of Ocean Energy
Management, Regulation and
Enforcement, Investigations and Review
Unit, 1849 C Street, NW., MS–5560,
Washington, DC 20240, Attention: IRU
Hotline Operations. You should include
the following items in your report:
(i) Your name, address, and telephone
number (Anonymous reports can be
processed in regards to unsafe working
activities. If you would like to make an
anonymous safety-only report, please
use the BOEMRE Safety Hotline listed
above.);
(ii) The specific order or regulation of
BOEMRE, or the specific provision of
Federal law in question (if known);
(iii) Any other facts, data, and
applicable information.
(d) After reviewing the report and
conducting any necessary investigation,
BOEMRE will notify the operator of any
deficiency or hazard and initiate
enforcement measures as the
circumstances warrant.
(e) The identity of any person making
a report under paragraph (c) of this
section shall not be made available,
without the permission of the reporting
person, to anyone other than the
employees of BOEMRE who have a need
for the record in the performance of
their official duties.
(f) All operators must post a notice
explaining personnel rights and
remedies under this section. The notice
must be posted at the place of
employment in a visible location
frequently visited by personnel.
(g) Each operator must provide
training to employees on unsafe work
conditions policy within 30 days of
employment, and not less than once
every 12 months thereafter.
(h) Each employee must be provided
a card that contains the BOEMRE
telephone number (1–877–440–0173)
which employees can call to get
information or report unsafe activities
under this section.
[FR Doc. 2011–23537 Filed 9–13–11; 8:45 am]
BILLING CODE 4310–MR–P

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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0638; FRL–9463–9]

Approval and Promulgation of Air
Quality Implementation Plans;
California; Determinations of Failure
To Attain the One-Hour Ozone
Standard
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The EPA is proposing to
determine that three areas in California,
previously designated nonattainment for
the one-hour ozone national ambient air
quality standard (NAAQS), did not
attain that standard by their applicable
attainment dates: the Los Angeles-South
Coast Air Basin Area (‘‘South Coast’’),
the San Joaquin Valley Area (‘‘San
Joaquin Valley’’), and the Southeast
Desert Modified Air Quality
Maintenance Area (‘‘Southeast Desert’’).
These proposed determinations are
based on three years of quality-assured
and certified ambient air quality
monitoring data for the period
preceding the applicable attainment
deadline.
DATES: Written comments must be
received on or before October 14, 2011.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R09–
OAR–2011–0638, by one of the
following methods:
1. Federal Rulemaking Portal: http://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. E-mail: Doris Lo at
lo.doris@epa.gov.
3. Fax: Doris Lo, Air Planning Office
(AIR–2), at fax number 415–947–3579.
4. Mail: Doris Lo, Air Planning Office
(AIR–2), U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne, San
Francisco, California 94105.
5. Hand or Courier Delivery: Doris Lo,
Air Planning Section (AIR–2), U.S.
Environmental Protection Agency,
Region IX, 75 Hawthorne, San
Francisco, California 94105. Such
deliveries are only accepted during the
Docket’s normal hours of operation.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R09–OAR–2011–
0638. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at http://
www.regulations.gov, including any
personal information provided, unless

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