The authority for this part derives from the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1337). The Secretary of the Interior delegated to the Bureau of Safety and Environmental Enforcement (BSEE) the authority to regulate certain activities. These regulations specifically apply to activities that:
(a) Produce or support production, transportation, or transmission of energy from sources other than oil and gas; or
(b) Use, for energy-related purposes or for other authorized marine-related purposes, facilities currently or previously used for activities authorized under the OCS Lands Act.
The purpose of this part is to:
(a) Inform you and third parties of your obligations when you undertake activities authorized in this part and 30 CFR parts 585 and 586; and
(b) Ensure that renewable energy activities on the OCS and activities involving the alternate use of OCS facilities for energy- or marine-related purposes are conducted in a safe and environmentally sound manner, in conformance with the requirements of subsection 8(p) of the OCS Lands Act, other applicable laws and regulations, and the terms of your lease, ROW grant, RUE grant, or Alternate Use RUE grant.
(a) BSEE will ensure that any activities authorized in this part and 30 CFR parts 585 and 586 are carried out in a manner that provides for:
(1) Safety;
(2) Protection of the environment;
(3) Prevention of waste;
(4) Conservation of the natural resources of the OCS;
(5) Coordination with relevant Federal agencies (including, in particular, those agencies involved in planning activities that are undertaken to avoid conflicts among users and maximize the economic and ecological benefits of the OCS, including multifaceted spatial planning efforts);
(6) Protection of national security interests of the United States;
(7) Protection of the rights of other authorized users of the OCS; and
(8) Oversight, inspection, research, monitoring, and enforcement of activities authorized by a lease or grant issued under 30 CFR parts 585 or 586.
(b) BSEE will require compliance with all applicable laws, regulations, other requirements, and the terms of your lease or grant issued under 30 CFR parts 585 or 586, and approved plans. BSEE will approve, disapprove, or approve with conditions any applications or other documents submitted to BSEE for approval under the provisions of this part.
(c) Unless otherwise provided in this part, BSEE may give oral directives or decisions whenever prior BSEE approval is required under this part. BSEE will document in writing any such oral directives within 10 business days.
(d) BSEE will establish practices and procedures to govern the collection of all payments due under this part to the Federal Government, including any cost recovery fees and other fees or payments. BSEE will do this in accordance with the terms of this part, the leasing notice, the lease or grant under 30 CFR parts 585 or 586, and applicable Office of Natural Resources Revenue (ONRR) regulations or guidance.
(a) BSEE may prescribe or approve departures from these regulations when departures are necessary to:
(1) Facilitate the appropriate activities on a lease or grant;
(2) Conserve natural resources;
(3) Protect life (including human and wildlife), property, or the marine, coastal, or human environment; or
(4) Protect sites, structures, or objects of historical or archaeological significance.
(b) Any departure approved under this section and its rationale must:
(1) Be consistent with subsection 8(p) of the OCS Lands Act;
(2) Protect the environment and the public health and safety to the same degree as if there was no approved departure from the regulations;
(3) Not impair the rights of third parties; and
(4) Be documented in writing.
As a lessee, applicant, operator, or holder of a ROW grant, RUE grant, or Alternate Use RUE grant, you must:
(a) Design your projects and conduct all activities in a manner that ensures safety and will not cause undue harm or damage to natural resources, including their physical, atmospheric, and biological components to the extent practicable; and take measures to prevent unauthorized discharge of pollutants including marine trash and debris into the offshore environment.
(b) Submit requests, applications, notices, modifications, and supplemental information to BSEE as required by this part;
(c) Follow up, in writing, any oral request or notification you made, within 3 business days;
(d) Comply with the terms, conditions, and provisions of all reports and notices submitted to BSEE, and of all plans, revisions, and other approvals, as provided in this part and in 30 CFR parts 585 and 586;
(e) Make all applicable payments on time;
(f) Comply with the DOI's nonprocurement debarment regulations at 2 CFR part 1400;
(g) Include the requirement to comply with 2 CFR part 1400 in all contracts and transactions related to a lease or grant under this part;
(h) Conduct all activities authorized by the lease or grant in a manner consistent with the provisions of subsection 8(p) of the OCS Lands Act;
(i) Compile, retain, and make available to BSEE representatives, within the time specified by BSEE, any data and information related to the site assessment, design, and operations of your project; and
(j) Respond to requests from the Director in a timely manner.
(a) You must submit all applications, reports, or notices required by this part to BSEE at the following address: Renewable Energy Program Coordinator, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
(b) Unless otherwise stated, you must submit one paper copy and one electronic copy of all applications, reports, or notices required by this part.
(a) BSEE will charge a processing fee on a case-by-case basis under the procedures in this section with regard to any application or request under this part if we decide at any time that the preparation of a particular document or study is necessary for the application or request and it will have a unique processing cost.
(1) Processing costs will include contract oversight and efforts to review and approve documents prepared by contractors, whether the contractor is paid directly by the applicant or through BSEE.
(2) We may apply a standard overhead rate to direct processing costs.
(b) We will assess the ongoing processing fee for each individual application or request according to the following procedures:
(1) Before we process your application or request, we will give you a written estimate of the proposed fee based on reasonable processing costs.
(2) You may comment on the proposed fee.
(3) You may:
(i) Ask for our approval to perform, or to directly pay a contractor to perform, all or part of any document, study, or other activity according to standards we specify, thereby reducing our costs for processing your application or request; or
(ii) Ask to pay us to perform, or contract for, all or part of any document, study, or other activity.
(4) We will then give you the final estimate of the processing fee amount with payment terms and instructions after considering your comments and any BSEE-approved work you will do.
(i) If we encounter higher or lower processing costs than anticipated, we will re-estimate our reasonable processing costs following the procedures in paragraphs (b)(1) through (4) of this section, but we will not stop ongoing processing unless you do not pay in accordance with paragraph (b)(5) of this section.
(ii) Once processing is complete, we will refund to you the amount of money that we did not spend on processing costs.
(5)(i) Consistent with the payment and billing terms provided in the final estimate, we will periodically estimate what our reasonable processing costs will be for a specific period and will bill you for that period. Payment is due to us 30 days after you receive your bill. We will stop processing your document if you do not pay the bill by the date payment is due.
(ii) If a periodic payment turns out to be more or less than our reasonable processing costs for the period, we will adjust the next billing accordingly or make a refund. Do not deduct any amount from a payment without our prior written approval.
(6) You must pay the entire fee before we will issue the final document or take final action on your application or request.
(7) You may appeal our estimated processing costs in accordance with the regulations in 43 CFR part 4. We will not process the document further until the appeal is resolved, unless you pay the fee under protest while the appeal is pending. If the appeal results in a decision changing the proposed fee, we will adjust the fee in accordance with paragraph (b)(5)(ii) of this section. If we adjust the fee downward, we will not pay interest.
Terms used in this part have the meanings as defined in this section: P>Affected State means with respect to any activities proposed, conducted, or approved under this part, any coastal State—
(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing energy or is otherwise receiving, processing, refining, or transshipping products, or services derived from activities approved under this part;
(2) That is used, or is scheduled to be used, as a support base for activities approved under this part; or
(3) In which there is a reasonable probability of significant effect on land or water uses from activities approved under this part.
Alternate Use refers to the energy- or marine-related use of an existing OCS facility for activities not otherwise authorized by this title or other applicable law.
Alternate Use RUE means a right-of-use and easement issued for activities authorized under subpart J of this part or part 586.
Archaeological resource means any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest (i.e., which are capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation).
BOEM means the Bureau of Ocean Energy Management of the Department of the Interior.
BSEE means the Bureau of Safety and Environmental Enforcement of the Department of the Interior.
Certified Verification Agent (CVA) means an individual or organization, experienced in the design, fabrication, and installation of offshore marine facilities or structures, who will conduct specified third-party reviews, inspections, and verifications in accordance with this part.
Commercial activities mean, for renewable energy leases and grants, all activities associated with the generation, storage, or transmission of electricity or other energy product from a renewable energy project on the OCS, and for which such electricity or other energy product is intended for distribution, sale, or other commercial use, except for electricity or other energy product distributed or sold pursuant to technology-testing activities on a limited lease. This term also includes activities associated with all stages of development, including initial site characterization and assessment, facility construction, and project decommissioning.
Commercial lease means a lease issued under 30 CFR part 585 that specifies the terms and conditions under which a person can conduct commercial activities.
Commercial operations mean the generation of electricity or other energy product for commercial use, sale, or distribution on a commercial lease.
Decommissioning means removing BOEM and BSEE approved facilities and returning the site of the lease or grant to a condition that meets the requirements under subpart I of this part and 30 CFR part 585.
Director means the Director of the Bureau of Safety and Environmental Enforcement (BSEE), of the U.S. Department of the Interior, or an official authorized to act on the Director's behalf.
Facility means an installation that is permanently or temporarily attached to the seabed of the OCS. Facilities include any structures; devices; appurtenances; gathering, transmission, and distribution cables; pipelines; and permanently moored vessels. Any group of OCS installations interconnected with walkways, or any group of installations that includes a central or primary installation with one or more satellite or secondary installations, is a single facility. BOEM and BSEE may decide that the complexity of the installations justifies their classification as separate facilities.
Grant means a right-of-way, right-of-use and easement, or alternate use right-of-use and easement issued under the provisions of 30 CFR parts 585 or 586.
Human environment means the physical, social, and economic components, conditions, and factors that interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS.
Lease means an agreement authorizing the use of a designated portion of the OCS for activities allowed under this part or 30 CFR part 585. The term also means the area covered by that agreement, when the context requires.
Lessee means the holder of a lease, a BOEM-approved assignee, and, when describing the conduct required of parties engaged in activities on the lease, it also refers to the operator and all persons authorized by the holder of the lease or operator to conduct activities on the lease.
Limited lease means a lease issued under 30 CFR part 585 that specifies the terms and conditions under which a person may conduct activities on the OCS that support the production of energy, but do not result in the production of electricity or other energy product for sale, distribution, or other commercial use exceeding a limit specified in the lease.
Natural resources include, without limiting the generality thereof, renewable energy, oil, gas, and all other minerals (as defined in section 2(q) of the OCS Lands Act), and marine animal and marine plant life.
Operator means the individual, corporation, or association having control or management of activities on the lease or grant issued under 30 CFR parts 585 or 586. The operator may be a lessee, grant holder, or a contractor designated by the lessee or holder of a grant issued under 30 CFR parts 585 or 586.
Outer Continental Shelf (OCS) means all submerged lands lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), whose subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
Person means, in addition to a natural person, an association (including partnerships and joint ventures); a Federal agency; a State; a political subdivision of a State; a Native American Tribal government; or a private, public, or municipal corporation.
Project, for the purposes of defining the source of revenues to be shared, means a lease ROW, RUE, or Alternate Use RUE on which the activities authorized under this part or 30 CFR parts 585 or 586 are conducted on the OCS. The term “project” may be used elsewhere in this rule to refer to these same authorized activities, the facilities used to conduct these activities, or to the geographic area of the project, i.e., the project area.
Project easement means an easement to which, upon approval of your Construction and Operations Plan (COP) or General Activities Plan (GAP), you are entitled as part of the lease for the purpose of installing, gathering, transmission, and distribution cables, pipelines, and appurtenances on the OCS as necessary for the full enjoyment of the lease.
Renewable energy means energy resources other than oil and gas and minerals as defined in 30 CFR part 580. Such resources include, but are not limited to, wind, solar, and ocean waves, tides, and current.
Revenues mean bonuses, rents, operating fees, and similar payments made in connection with a project or project area. It does not include administrative fees such as those assessed for cost recovery, civil penalties, and forfeiture of financial assurance.
Right-of-use and easement (RUE) grant means an easement issued by BOEM under 30 CFR parts 585 or 586 that authorizes use of a designated portion of the OCS to support activities on a lease or other use authorization for renewable energy activities. The term also means the area covered by the authorization.
Right-of-way (ROW) grant means an authorization issued by BOEM under 30 CFR part 585 to use a portion of the OCS for the construction and use of a cable or pipeline for the purpose of gathering, transmitting, distributing, or otherwise transporting electricity or other energy product generated or produced from renewable energy, but does not constitute a project easement under 30 CFR part 585. The term also means the area covered by the authorization.
Secretary means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
Significant archaeological resource means an archaeological resource that meets the criteria of significance for eligibility for listing in the National Register of Historic Places, as defined in 36 CFR 60.4, or its successor.
Site assessment activities mean those initial activities conducted to characterize a site on the OCS, such as resource assessment surveys (e.g., meteorological and oceanographic) or technology testing, involving the installation of bottom-founded facilities.
We, us, and our refer to the Bureau of Safety and Environmental Enforcement of the Department of the Interior, or its possessive, depending on the context.
You and your means an applicant, lessee, the operator, or designated operator, ROW grant holder, RUE grant holder, or Alternate Use RUE grant holder under 30 CFR parts 585 or 586, or the designated agent of any of these, or the possessive of each, depending on the context. The terms you and your also include contractors and subcontractors of the entities specified in the preceding sentence.
(a) BSEE will make data and information available in accordance with the requirements and subject to the limitations of the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the regulations contained in 43 CFR part 2.
(b) BSEE will not release such data and information that we have determined is exempt from disclosure under exemption 4 of FOIA. We will review such data and information and objections of the submitter by the following schedule to determine whether release at that time will result in substantial competitive harm or disclosure of trade secrets.
| If you have a . . . | Then BSEE will review data and information for possible release: |
|---|---|
| (1) Commercial lease | At the earlier of:
(i) 3 years after the initiation of commercial generation; or |
| (ii) 3 years after the lease terminates. | |
| (2) Limited lease | At 3 years after the lease terminates. |
| (3) ROW or RUE grant | At the earliest of:
(i) 10 years after the approval of the grant; |
| (ii) Grant termination; or | |
| (iii) 3 years after the completion of construction activities. |
(c) After considering any objections from the submitter, if we determine that release of such data and information will result in:
(1) No substantial competitive harm or disclosure of trade secrets, then the data and information will be released.
(2) Substantial competitive harm or disclosure of trade secrets, then the data and information will not be released at that time but will be subject to further review every 3 years thereafter.
(a) The Office of Management and Budget (OMB) has approved the information collection requirements in this part under 44 U.S.C. 3501, et seq., and assigned OMB Control Number xxxx-xxxx (expiration MONTH xx, xxxx). The table in paragraph (e) of this section lists the subparts in the rule requiring the information and its title, summarizes the reasons for collecting the information, and summarizes how BSEE uses the information.
(b) Respondents are primarily renewable energy applicants, lessees, ROW grant holders, RUE grant holders, Alternate Use RUE grant holders, and operators. The requirement to respond to the information collection in this part is mandated under subsection 8(p) of the OCS Lands Act. Some responses are also required to obtain or retain a benefit, or may be voluntary.
(c) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) requires us to inform the public that an agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
(d) Comments regarding any aspect of the collections of information under this part, including suggestions for reducing the burden, should be sent to the Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
(e) BSEE is collecting this information for the reasons given in the following table:
| 30 CFR 285 subpart and title | Reasons for collecting information and how used |
|---|---|
| (1) Subpart A—General Provisions | To inform BSEE of actions taken to comply with general operational requirements on the OCS. To ensure that operations on the OCS meet statutory and regulatory requirements, are safe and protect the environment, and result in diligent development on OCS leases. |
| (2) Subpart D—Lease and Grant Administration | To ensure compliance with regulations pertaining to a lease or grant, and suspension of leases and grants. |
| (3)Subpart F—Information Requirements | To enable BSEE to comply with Federal laws to ensure the safety of the environment on the OCS. |
| (4) Subpart G—Facility Design, Fabrication, and Installation | To enable BSEE to review the final design, fabrication, and installation of facilities on a lease or grant to ensure that these facilities are designed, fabricated, and installed according to appropriate standards in compliance with BSEE provisions, and where applicable, the approved plan. |
| (5) Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs | To ensure that lease and grant operations are conducted in a manner that is safe and protects the environment. To ensure compliance with other Federal laws, these regulations, the lease or grant, and approved plans. |
| (6) Subpart I—Decommissioning | To determine that decommissioning activities comply with regulatory requirements and approvals. To ensure that site clearance and platform or pipeline removal are properly performed to protect marine life and the environment and do not conflict with other users of the OCS. |
| (7) Subpart J—Rights of Use and Easement for Energy- and Marine- Related Activities Using Existing OCS Facilities | To enable BSEE to review information regarding the design, installation, and operation of RUEs on the OCS, to ensure that RUE operations are safe and protect the human, marine, and coastal environment. To ensure compliance with other Federal laws, these regulations, the RUE grant, and where applicable, the approved plan. |
Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at BSEE and at the National Archives and Records Administration (NARA). Contact BSEE at: BSEE, 45600 Woodland Road, Sterling, Virginia 20166, phone: 703-787-1665. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material is available from the American Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100, Washington, DC 20001-5571; phone (202) 682-8000; website: www.api.org or https://publications.api.org.
(a) API RP 2A-WSD, Recommended Practice for Planning, Designing and Constructing Fixed Offshore Platforms—Working Stress Design; Twenty-first Edition, December 2000; Errata and Supplement 1, December 2002; Errata and Supplement 2, September 2005; Errata and Supplement 3, October 2007. IBR approved for § 285.825(a), (b).
(b) [Reserved]
(a) The Director may, from time to time, and at the Director's discretion, solicit information from industry and other relevant stakeholders (including State and local agencies), as necessary, to evaluate the state of the offshore renewable energy industry, including the identification of potential challenges or obstacles to its continued development. Such requests for information may relate to the identification of environmental, technical, regulatory, or economic matters that promote or detract from continued development of renewable energy technologies on the OCS. From the information received, the Director may evaluate potential refinements to the OCS alternative energy program that promote development of the industry in a safe and environmentally responsible manner.
(b) BSEE will publish such requests for information by the Director in the
(a) Any party adversely affected by a BSEE official's final decision or order issued under the regulations of this part may appeal that decision or order to the Interior Board of Land Appeals. The appeal must conform with the procedures found in 30 CFR part 290 and 43 CFR part 4, subpart E.
(b) A decision will remain in full force and effect during the period in which an appeal may be filed and during an appeal, unless a stay is granted pursuant to 43 CFR part 4.
(a) BSEE may take appropriate corrective action under this part if you fail to comply with applicable provisions of Federal law, the regulations in this part, other applicable regulations, any order of the Director, the provisions of a lease or grant issued under 30 CFR parts 585 or 586, or the requirements of an approved plan or other approval under this part or 30 CFR parts 585 or 586.
(b) BSEE may issue to you a notice of noncompliance if we determine that there has been a violation of the regulations in this part, any order of the Director, or any provision of your lease, grant or other approval issued under this part or 30 CFR parts 585 or 586. When issuing a notice of noncompliance, BSEE will serve you at your last known address.
(c) A notice of noncompliance will tell you how you failed to comply with this part, any order of either Director, and/or the provisions of your lease, grant or other approval, and will specify what you must do to correct the noncompliance and the time limits within which you must act.
(d) Failure of a lessee, operator, or grant holder under this part to take the actions specified in a notice of noncompliance within the time limit specified provides the basis for BSEE to issue a cessation order as provided in § 285.401, and/or a cancellation of the lease or grant as provided in § 285.437.
(e) If BSEE determines that any incident of noncompliance poses an imminent threat of serious or irreparable damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance, BSEE may include with its notice of noncompliance an order directing you to take immediate remedial action to alleviate threats and to abate the violation and, when appropriate, a cessation order.
(f) BSEE may assess civil penalties, as authorized by section 24 of the OCS Lands Act, if you fail to comply with any provision of this part, or any term of a lease, grant, or order issued under the authority of this part or 30 CFR parts 585 or 586, after notice of such failure and expiration of any reasonable period allowed for corrective action. Civil penalties will be determined and assessed in accordance with the procedures set forth in 30 CFR part 550, subpart N.
(g) You may be subject to criminal penalties as authorized by section 24 of the OCS Lands Act.
(a) BSEE may issue a cessation order during the term of your lease or grant when you fail to comply with an applicable law; regulation; order; or provision of a lease, grant, plan, or BSEE or BOEM approval. Except as provided in § 285.400(e), BSEE will allow you a period of time to correct any noncompliance before issuing an order to cease activities.
(b) A cessation order will set forth what measures you are required to take, including reports you are required to prepare and submit to BSEE, to receive approval to resume activities on your lease or grant.
(a) Upon receiving a cessation order, you must cease all activities on your lease or grant, as specified in the order. BSEE may authorize certain activities during the period of the cessation order.
(b) A cessation order will last for the period specified in the order or as otherwise specified by BSEE. If BSEE determines that the circumstances giving rise to the cessation order cannot be resolved within a reasonable time period, the Secretary may initiate cancellation of your lease or grant, as provided in § 285.437.
(c) A cessation order does not extend the term of your lease or grant for the period you are prohibited from conducting activities.
(d) You must continue to make all required payments on your lease or grant during the period a cessation order is in effect.
(a) When you are not the sole lessee or grantee, you and your co-lessee(s) or co-grantee(s) are jointly and severally responsible for fulfilling your obligations under the lease or grant and the provisions of this part or 30 CFR parts 585 or 586, unless otherwise provided in this part.
(b) If your designated operator fails to fulfill any of your obligations under the lease or grant and this part or 30 CFR parts 585 or 586, BSEE may require you or any or all of your co-lessees or co-grantees to fulfill those obligations or other operational obligations under the OCS Lands Act, the lease, grant, or the regulations.
(c) Whenever the regulations in this part or 30 CFR parts 585 or 586 require the lessee or grantee to conduct an activity in a prescribed manner, the lessee or grantee and operator (if one has been designated) are jointly and severally responsible for complying with the regulations.
(a) A suspension is an interruption of the term of your lease or grant that may occur as ordered by BSEE, as provided in § 285.417; or as approved or ordered by BOEM, as provided in 30 CFR 585.416 and 585.417.
(b) A suspension extends the term of your lease or grant for the length of time the suspension is in effect.
(c) Activities may not be conducted on your lease or grant during the period of a suspension except as expressly authorized under the terms of the suspension.
(a) BSEE may order a suspension under the following circumstances:
(1) When necessary to comply with judicial decrees prohibiting some or all activities under your lease; or
(2) When continued activities pose an imminent threat of serious or irreparable harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance.
(b) If BSEE orders a suspension under paragraph (a)(2) of this section, and if you wish to resume activities, we may require you to conduct a site-specific study that evaluates the cause of the harm, the potential damage, and the available mitigation measures. Other requirements and actions may occur:
(1) You may be required to pay for the study;
(2) You must furnish one paper copy and one electronic copy of the study and results to us;
(3) We will make the results available to other interested parties and to the public; and
(4) We will use the results of the study and any other information that become available:
(i) To decide if the suspension order can be lifted; and
(ii) To determine any actions that you must take to mitigate or avoid any damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance.
(a) BSEE will issue a suspension order orally or in writing.
(b) BSEE will send you a written suspension order as soon as practicable after issuing an oral suspension order.
(c) The written order will explain the reasons for its issuance and describe the effect of the suspension order on your lease or grant and any associated activities. BSEE may authorize certain activities during the period of the suspension, as set forth in the suspension order.
You must comply with the terms of a suspension order upon receipt and take any action prescribed within the time set forth therein.
If BSEE orders a suspension, as provided in § 285.417, your payments, as appropriate for the term that is suspended, will be waived during the suspension period.
A suspension will be in effect for the period specified by BSEE. If BSEE determines that the circumstances giving rise to a suspension ordered under § 285.417 cannot be resolved within 5 years, the Secretary may initiate cancellation of the lease or grant, as provided in § 285.437.
Until BOEM releases your financial assurance under 30 CFR 585.534, you must maintain and provide to BSEE, upon request, all data and information related to compliance with required terms and conditions of your SAP, COP, or GAP.
(a) You may begin conducting the activities approved in your SAP following BOEM approval of your SAP.
(b) If you are installing a facility or a combination of facilities deemed by BOEM to be complex or significant, as provided in 30 CFR 585.613(a)(1), you must comply with the requirements of subpart G of this part and submit your safety management system required by § 285.810 before construction may begin.
(a) You must notify BSEE in writing within 30 days of completing installation activities approved in your SAP.
(b) You must submit a certification of compliance annually (or other frequency as determined by BOEM) with those terms and conditions of your SAP that BOEM identifies under 30 CFR 585.613(e)(1). Together with your certification, you must submit:
(1) Summary reports that show compliance with the terms and conditions which require certification; and
(2) A statement identifying and describing any mitigation measures and monitoring methods and their effectiveness. If you identified measures that were not effective, you must include your recommendations for new mitigation measures or monitoring methods.
After your COP is approved, you must commence construction by the date given in the construction schedule required by 30 CFR 585.626(b)(21), and included as a part of your approved COP, unless BOEM approves a deviation from your schedule.
(a) You must submit to BSEE the documents listed in the following table:
| Document: | Requirements are found in: |
|---|---|
| (1) Facility Design Report | § 285.701 |
| (2) Fabrication and Installation Report | § 285.702 |
(b) You must submit your safety management system, as required by § 285.810.
(c) These activities must fall within the scope of your approved COP. If they do not fall within the scope of your approved COP, you will be required to submit a revision to your COP, under 30 CFR 585.634, for BOEM approval before commencing the activity.
(a) You must submit a certification of compliance annually (or other frequency as determined by BOEM) with certain terms and conditions of your COP that BOEM identifies. Together with your certification, you must submit:
(1) Summary reports that show compliance with the terms and conditions which require certification; and
(2) A statement identifying and describing any mitigation measures and monitoring methods, and their effectiveness. If you identified measures that were not effective, then you must make recommendations for new mitigation measures or monitoring methods.
(b) As provided at § 285.105(i), BSEE may require you to submit any supporting data and information.
You must notify BSEE in writing of the following events, within the time periods provided:
(a) No later than 30 days after commencing activities associated with the placement of facilities on the lease area under a Fabrication and Installation Report.
(b) No later than 30 days after completion of construction and installation activities under a Fabrication and Installation Report.
(c) At least 7 days before commencing commercial operations.
If you are conducting activities on your lease that:
(a) Do not require a FERC license (e.g., wind), then you may commence commercial operations 30 days after the CVA or project engineer has submitted to BSEE the final Fabrication and Installation Report for the fabrication and installation review, as provided in § 285.708.
(b) Require a FERC license or exemption, then you may commence commercial operations when permitted by the terms of your license or exemption.
(a) Upon completion of your approved activities under your COP, you must initiate the decommissioning process as set forth in subpart I of this part. You must submit your decommissioning application as provided in §§ 285.905 and 285.906.
(b) Upon completion of your approved activities under your FERC license, the terms of your FERC license will govern your decommissioning activities.
After BOEM approves your GAP, you may begin conducting the approved activities that do not involve a project easement or the construction of facilities on the OCS that BOEM has deemed to be complex or significant.
If you are applying for a project easement, or installing a facility or a combination of facilities on your limited lease deemed by BOEM to be complex or significant, as provided in 30 CFR 585.648(a)(1), you also must comply with the requirements of subpart G of this part and submit your safety management system description required by § 285.810 before construction may begin.
(a) You must notify BSEE in writing within 30 days after completing installation activities approved in your GAP
(b) You must annually (or other frequency as determined by BOEM) submit a certification of compliance with those terms and conditions of your GAP that BOEM identifies under 30 CFR 585.648(e)(1). Together with your certification, you must submit:
(1) Summary reports that show compliance with the terms and conditions which require certification; and
(2) A statement identifying and describing any mitigation measures and monitoring methods and their effectiveness. If you identified measures that were not effective, you must include your recommendations for new mitigation measures or monitoring methods.
(a) After your lease or grant terminates, you must:
(1) Make all payments due; and
(2) Perform any other outstanding obligations under the lease or grant within 6 months.
(b) Within 2 years following termination of a lease or grant, you must remove or dispose of all facilities, installations, and other devices permanently or temporarily attached to the seabed on the OCS in accordance with your Plan approved by BOEM under 30 CFR part 585, subpart F, and your application approved by BSEE under subpart I of this part.
(c) If you fail to comply with your approved decommissioning plan or application:
(1) BOEM may call for the forfeiture of your financial assurance; and
(2) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure.
(a) The Secretary will cancel any lease or grant issued under 30 CFR parts 585 or 586 upon proof that it was obtained by fraud or misrepresentation, and after notice and opportunity to be heard has been afforded to the lessee or grant holder.
(b) The Secretary may cancel any lease or grant issued under 30 CFR parts 585 or 586 when:
(1) The Secretary determines after notice and opportunity for a hearing that, with respect to the lease or grant that would be canceled, the lessee or grantee has failed to comply with any applicable provision of the OCS Lands Act or these regulations; any order of the Director; or any term, condition or stipulation contained in the lease or grant, and that the failure to comply continued 30 days (or other period BSEE specifies) after you receive notice from BSEE. The Secretary will mail a notice by registered or certified letter to the lessee or grantee at its record post office address;
(2) Required by national security or defense; or
(3) The Secretary determines after notice and opportunity for a hearing that continued activity under the lease or grant:
(i) Would cause serious harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
(ii) That the threat of harm or damage would not disappear or decrease to an acceptable extent within a reasonable period of time; and
(iii) The advantages of cancellation outweigh the advantages of continuing the lease or grant in force.
(a) You must submit the following reports to BSEE before installing facilities described in your approved COP (§ 285.632(a)) and, when required by 30 CFR part 585, your SAP (§ 285.614(b)), or GAP (§ 285.651):
(1) A Facility Design Report; and
(2) A Fabrication and Installation Report.
(b) You may begin to fabricate and install the approved facilities after BSEE notifies you that it has received your reports and has no objections. If BSEE receives the reports, but does not respond with objections within 60 days of receipt, or 60 days after BOEM approves your SAP, COP, or GAP if you submitted your report with the plan, BSEE is deemed not to have objections to the reports, and you may commence fabrication and installation of your facility or facilities.
(c) If BSEE has any objections, we will notify you verbally or in writing within 60 days of receipt of the report. Following initial notification of objections, BSEE may follow-up with written correspondence outlining its specific objections to the report and request that certain actions be undertaken. You cannot commence activities addressed in such report until you resolve all objections to BSEE's satisfaction.
(a) Your Facility Design Report provides specific details of the design of any facilities, including cables and pipelines that are outlined in your BOEM-approved SAP, COP, or GAP. Your Facility Design Report must demonstrate that your design conforms to your responsibilities listed in § 285.105(a). You must include the following items in your Facility Design Report:
| Required documents | Required contents | Other requirements |
|---|---|---|
| (1) Cover letter | (i) Proposed facility designations;
(ii) Lease, ROW grant or RUE grant number; (iii) Area; name and block numbers; and (iv) The type of facility | You must submit 1 paper copy and 1 electronic copy. |
| (2) Location plat | (i) Latitude and longitude coordinates, Universal Mercator grid-system coordinates, State plane coordinates in the Lambert or Transverse Mercator Projection System;
(ii) Distances in feet from the nearest block lines. These coordinates must be based on the NAD (North American Datum) 83 datum plane coordinate system; and (iii) The location of any proposed project easement. | Your plat must be drawn to a scale of 1 inch equals 100 feet and include the coordinates of the lease, ROW grant, or RUE grant block boundary lines. You must submit 1 paper copy and 1 electronic copy. |
| (3) Front, Side, and Plan View drawings | (i) Facility dimensions and orientation;
(ii) Elevations relative to Mean Lower Low Water; and (iii) Pile sizes and penetration. | Your drawing sizes must not exceed 11″ × 17″. You must submit 1 paper copy and 1 electronic copy. |
| (4) Complete set of structural drawings | The approved for construction fabrication drawings should be submitted including, e.g.:
(i) Cathodic protection systems; (ii) Jacket design; (iii) Pile foundations; (iv) Mooring and tethering systems; (v) Foundations and anchoring systems; and (vi) Associated cable and pipeline designs | Your drawing sizes must not exceed 11″ × 17″. You must submit 1 paper copy and 1 electronic copy. |
| (5) Summary of environmental data used for design | A summary of the environmental data used in the design or analysis of the facility. Examples of relevant data include information on:
(i) Extreme weather; (ii) Seafloor conditions; and (iii) Waves, wind, current, tides, temperature, snow and ice effects, marine growth, and water depth | You must submit 1 paper copy and 1 electronic copy. If you submitted these data as part of your SAP, COP, or GAP, you may reference the plan. |
| (6) Summary of the engineering design data | (i) Loading information (e.g., live, dead, environmental);
(ii) Structural information (e.g., design-life; material types; cathodic protection systems; design criteria; fatigue life; jacket design; deck design; production component design; foundation pilings and templates, and mooring or tethering systems; fabrication and installation guidelines); and (iii) Location of foundation boreholes and foundation piles; and (iv) Foundation information (e.g., soil stability, design criteria) | You must submit 1 paper copy and 1 electronic copy. |
| (7) A complete set of design calculations | Self-explanatory. | You must submit 1 paper copy and 1 electronic copy. |
| (8) Project-specific studies used in the facility design or installation | All studies pertinent to facility design or installation, e.g., oceanographic and soil reports including the results of the surveys required in 30 CFR 585.610(b), 585.627(a), or 585.645(a) | You must submit 1 paper copy and 1 electronic copy. |
| (9) Description of the loads imposed on the facility | (i) Loads imposed by jacket;
(ii) Decks; (iii) Production components; (iv) Foundations, foundation pilings and templates, and anchoring systems; and (v) Mooring or tethering systems. | You must submit 1 paper copy and 1 electronic copy. |
| (10) Geotechnical Report | A list of all data from borings and recommended design parameters. | You must submit 1 paper copy and 1 electronic copy. |
(b) For any floating facility, your design must meet the requirements of the U.S. Coast Guard for structural integrity and stability (e.g., verification of center of gravity). The design must also consider:
(1) Foundations, foundation pilings and templates, and anchoring systems; and
(2) Mooring or tethering systems.
(c) You must provide the location of records, as required in § 285.714(c).
(d) If you are required to use a CVA, the Facility Design Report must include one paper copy of the following certification statement: “The design of this structure has been certified by a CVA to be in accordance with accepted engineering practices and the approved SAP, GAP, or COP as appropriate. The certified design and as-built plans and specifications will be on file at (given location).”
(e) BSEE will withhold trade secrets and commercial or financial information that is privileged or confidential from public disclosure under exemption 4 of the FOIA and in accordance with the terms of § 285.113.
(a) Your Fabrication and Installation Report must describe how your facilities will be fabricated and installed in accordance with the design criteria identified in the Facility Design Report; your BOEM-approved SAP, COP, or GAP; and generally accepted industry standards and practices. Your Fabrication and Installation Report must demonstrate how your facilities will be fabricated and installed in a manner that conforms to your responsibilities listed in § 285.105(a). You must include the following items in your Fabrication and Installation Report:
| Required documents | Required contents | Other requirements |
|---|---|---|
| (1) Cover letter | (i) Proposed facility designation, lease, ROW grant, or RUE grant number;
(ii) Area, name, and block number; and (iii) The type of facility. | You must submit 1 paper copy and 1 electronic copy. |
| (2) Schedule | Fabrication and installation. | You must submit 1 paper copy and 1 electronic copy. |
| (3) Fabrication information | The industry standards you will use to ensure the facilities are fabricated to the design criteria identified in your Facility Design Report | You must submit 1 paper copy and 1 electronic copy. |
| (4) Installation process information | Details associated with the deployment activities, equipment, and materials, including onshore and offshore equipment and support, and anchoring and mooring patterns | You must submit 1 paper copy and 1 electronic copy. |
| (5) Federal, State, and local permits ( | Either 1 copy of the permit or information on the status of the application | You must submit 1 paper copy and 1 electronic copy. |
| (6) Environmental information | (i) Water discharge;
(ii) Waste disposal; (iii) Vessel information; and (iv) Onshore waste receiving treatment or disposal facilities. | You must submit 1 paper copy and 1 electronic copy. If you submitted these data as part of your SAP, COP, or GAP, you may reference the plan. |
| (7) Project easement | Design of any cables, pipelines, or facilities. Information on burial methods and vessels | You must submit 1 paper copy and 1 electronic copy. |
(b) You must provide the location of records, as required in § 285.714(c).
(c) If you are required to use a CVA, the Fabrication and Installation Report must include one paper copy of the following certification statement: “The fabrication and installation of this structure has been certified by an approved CVA to be in accordance with accepted engineering practices and the approved SAP, GAP, or COP as appropriate. The certified design and as-built plans and specifications will be on file at (given location).”
(d) BSEE will withhold trade secrets and commercial or financial information that is privileged or confidential from public disclosure under exemption 4 of the FOIA and in accordance with the terms of § 285.113.
(a) You must verify and, in a report to us, certify that major repairs and major modifications to the project conform to accepted engineering practices.
(1) A major repair is a corrective action involving structural members affecting the structural integrity of a portion of or all the facility.
(2) A major modification is an alteration involving structural members affecting the structural integrity of a portion of or all the facility.
(b) The report must also identify the location of all records pertaining to the major repairs or major modifications, as required in § 285.714(c).
(c) BSEE may require you to use a CVA for project modifications and repairs.
You must use a CVA to review and certify the Facility Design Report, the Fabrication and Installation Report, and the Project Modifications and Repairs Report.
(a) You must use a CVA to:
(1) Ensure that your facilities are designed, fabricated, and installed in conformance with accepted engineering practices and the Facility Design Report and Fabrication and Installation Report;
(2) Ensure that repairs and major modifications are completed in conformance with accepted engineering practices; and
(3) Provide BSEE immediate reports of all incidents that affect the design, fabrication, and installation of the project and its components.
(b) BSEE may waive the requirement that you use a CVA if you can demonstrate the following:
| If you demonstrate that . . . | Then BSEE may waive the requirement for a CVA for the following: |
|---|---|
| (1) The facility design conforms to a standard design that has been used successfully in a similar environment, and the installation design conforms to accepted engineering practices | The design of your structure(s). |
| (2) The manufacturer has successfully manufactured similar facilities, and the facility will be fabricated in conformance with accepted engineering practices | The fabrication of your structure(s). |
| (3) The installation company has successfully installed similar facilities in a similar offshore environment, and your structure(s) will be installed in conformance with accepted engineering practices | The installation of your structure(s). |
| (4) Repairs and major modifications will be completed in conformance with accepted engineering practices | The repair or major modification of your structure(s). |
(c) You must submit a request to waive the requirement to use a CVA to BSEE in writing with your SAP under 30 CFR 585.610(a)(9), COP under 30 CFR 585.626(b)(20), or GAP under 30 CFR 585.645(c)(5).
(1) BSEE will review your request to waive the use of the CVA and will notify you of its decision along with BOEM's decision on your SAP, COP, or GAP.
(2) If BSEE does not waive the requirement for a CVA, you may file an appeal per § 285.118.
(3) If BSEE waives the requirement that you use a CVA, your project engineer must perform the same duties and responsibilities as the CVA, except as otherwise provided.
(a) You must nominate a CVA for BSEE approval as part of your COP per 30 CFR 585.626(b)(20), and when required, as part of your SAP per 30 CFR 585.610(a)(9) or GAP per 30 CFR 585.645(c)(5). You must use a CVA to review and certify the Facility Design Report, the Fabrication and Installation Report, and the Project Modifications and Repairs Report per this subpart. You must specify whether the CVA nomination is for the Facility Design Report, Fabrication and Installation Report, Project Modifications and Repairs Report, or for any combination of these.
(b) For each CVA that you nominate, you must submit to BSEE a list of documents used in your design that you will forward to the CVA and a qualification statement that includes the following:
(1) Previous experience in third-party verification or experience in the design, fabrication, installation, or major modification of offshore energy facilities;
(2) Technical capabilities of the individual or the primary staff for the specific project;
(3) Size and type of organization or corporation;
(4) In-house availability of, or access to, appropriate technology (including computer programs, hardware, and testing materials and equipment);
(5) Ability to perform the CVA functions for the specific project considering current commitments;
(6) Previous experience with BOEM and BSEE requirements and procedures, if any; and
(7) The level of work to be performed by the CVA.
(c) Individuals or organizations acting as CVAs must not function in any capacity that will create a conflict of interest, or the appearance of a conflict of interest.
(d) The verification must be conducted by or under the direct supervision of registered professional engineers.
(e) BSEE will approve or disapprove your CVA as part of BOEM's review of your COP or, when required, of your SAP or GAP.
(f) You must nominate a new CVA for BSEE approval if the previously approved CVA:
(1) Is no longer able to serve in a CVA capacity for the project; or
(2) No longer meets the requirements for a CVA set forth in this subpart.
If you are required to use a CVA:
(a) The CVA must use good engineering judgment and practices in conducting an independent assessment of the design of the facility. The CVA must certify in the Facility Design Report to BSEE that the facility is designed to withstand the environmental and functional load conditions appropriate for the intended service life at the proposed location.
(b) The CVA must conduct an independent assessment of all proposed:
(1) Planning criteria;
(2) Operational requirements;
(3) Environmental loading data;
(4) Load determinations;
(5) Stress analyses;
(6) Material designations;
(7) Soil and foundation conditions;
(8) Safety factors; and
(9) Other pertinent parameters of the proposed design.
(c) For any floating facility, the CVA must ensure that any requirements of the U.S. Coast Guard for structural integrity and stability (e.g., verification of center of gravity), have been met. The CVA must also consider:
(1) Foundations, foundation pilings and templates, and anchoring systems; and
(2) Mooring or tethering systems.
(a) The CVA or project engineer must do all of the following:
(1) Use good engineering judgment and practice in conducting an independent assessment of the fabrication and installation activities;
(2) Monitor the fabrication and installation of the facility as required by paragraph (b) of this section;
(3) Make periodic onsite inspections while fabrication is in progress and verify the items required by § 285.709;
(4) Make periodic onsite inspections while installation is in progress and satisfy the requirements of § 285.710; and
(5) Certify in a report that project components are fabricated and installed in accordance with accepted engineering practices; your BOEM-approved COP, SAP, or GAP (as applicable); and the Fabrication and Installation Report.
(i) The report must also identify the location of all records pertaining to fabrication and installation, as required in § 285.714(c); and
(ii) You may commence commercial operations or other approved activities 30 days after BSEE receives that certification report, unless BSEE notifies you within that time period of its objections to the certification report.
(b) To comply with paragraph (a)(5) of this section, the CVA or project engineer must monitor the fabrication and installation of the facility to ensure that it has been built and installed according to the Facility Design Report and Fabrication and Installation Report.
(1) If the CVA or project engineer finds that fabrication and installation procedures have been changed or design specifications have been modified, the CVA or project engineer must inform you; and
(2) If you accept the modifications, then you must also inform BSEE.
(a) To comply with § 285.708(a)(3), the CVA or project engineer must make periodic onsite inspections while fabrication is in progress and must verify the following fabrication items, as appropriate:
(1) Quality control by lessee (or grant holder) and builder;
(2) Fabrication site facilities;
(3) Material quality and identification methods;
(4) Fabrication procedures specified in the Fabrication and Installation Report, and adherence to such procedures;
(5) Welder and welding procedure qualification and identification;
(6) Structural tolerances specified, and adherence to those tolerances;
(7) Nondestructive examination requirements and evaluation results of the specified examinations;
(8) Destructive testing requirements and results;
(9) Repair procedures;
(10) Installation of corrosion-protection systems and splash-zone protection;
(11) Erection procedures to ensure that overstressing of structural members does not occur;
(12) Alignment procedures;
(13) Dimensional check of the overall structure, including any turrets, turret-and-hull interfaces, any mooring line and chain and riser tensioning line segments; and
(14) Status of quality-control records at various stages of fabrication.
(b) For any floating facilities, the CVA or project engineer must ensure that any requirements of the U.S. Coast Guard for structural integrity and stability (e.g., verification of center of gravity) have been met. The CVA or project engineer must also consider:
(1) Foundations, foundation pilings and templates, and anchoring systems; and
(2) Mooring or tethering systems.
To comply with § 285.708(a)(4), the CVA or project engineer must make periodic onsite inspections while installation is in progress and must, as appropriate, verify, witness, survey, or check, the installation items required by this section.
(a) The CVA or project engineer must verify, as appropriate, all of the following:
(1) Loadout and initial flotation procedures;
(2) Towing operation procedures to the specified location, and review the towing records;
(3) Launching and uprighting activities;
(4) Submergence activities;
(5) Pile or anchor installations;
(6) Installation of mooring and tethering systems;
(7) Final deck and component installations; and
(8) Installation at the approved location according to the Facility Design Report and the Fabrication and Installation Report.
(b) For a fixed or floating facility, the CVA or project engineer must verify that proper procedures were used during the following:
(1) The loadout of the jacket, decks, piles, or structures from each fabrication site; and
(2) The actual installation of the facility or major modification and the related installation activities.
(c) For a floating facility, the CVA or project engineer must verify that proper procedures were used during the following:
(1) The loadout of the facility;
(2) The installation of foundation pilings and templates, and anchoring systems; and
(3) The installation of the mooring and tethering systems.
(d) The CVA or project engineer must conduct an onsite survey of the facility after transportation to the approved location.
(e) The CVA or project engineer must spot-check the equipment, procedures, and recordkeeping as necessary to determine compliance with the applicable documents incorporated by reference in § 285.115 and the regulations under this part.
(a) The CVA or project engineer must prepare and submit to you and BSEE all reports required by this subpart. The CVA or project engineer must also submit interim reports to you and BSEE, as requested by BSEE.
(b) For each report required by this subpart, the CVA or project engineer must submit one electronic copy and one paper copy of each final report to BSEE. In each report, the CVA or project engineer must:
(1) Give details of how, by whom, and when the CVA or project engineer activities were conducted;
(2) Describe the CVA's or project engineer's activities during the verification process;
(3) Summarize the CVA's or project engineer's findings; and
(4) Provide any additional comments that the CVA or project engineer deems necessary.
After the CVA or project engineer files the certification report, you must notify BSEE within 10 business days after commencing commercial operations.
(a) Until BOEM releases your financial assurance under 30 CFR 585.534, you must compile, retain, and make available to BSEE, within the time specified by BSEE, all of the following:
(1) The as-built drawings;
(2) The design assumptions and analyses;
(3) A summary of the fabrication and installation examination records;
(4) The inspection results from the inspections and assessments required by §§ 285.820 through 285.825; and
(5) Records of repairs not covered in the inspection report submitted under § 285.824(b)(3).
(b) You must record and retain the original material test results of all primary structural materials during all stages of construction until BOEM releases your financial assurance under 30 CFR 585.534. Primary material is material that, should it fail, would lead to a significant reduction in facility safety, structural reliability, or operating capabilities. Items such as steel brackets, deck stiffeners and secondary braces or beams would not generally be considered primary structural members (or materials).
(c) You must provide BSEE with the location of these records in the certification statement, as required in §§ 285.701(c), 285.703(b), and 285.708(a)(5)(i).
(a) You must conduct all activities on your lease or grant under this part in a manner that conforms with your responsibilities in § 285.105(a), and using:
(1) Trained personnel; and
(2) Technologies, precautions, and techniques that will not cause undue harm or damage to natural resources, including their physical, atmospheric, and biological components.
(b) You must certify compliance with those terms and conditions identified in your approved SAP, COP, or GAP, as required under § 285.615(b), § 285.633(a), or § 285.653(b).
You must comply with all measures required under 30 CFR 585.701.
You must comply with all measures required under 30 CFR 585.702.
You must comply with all measures required under 30 CFR 585.703.
You must submit a description of the safety management system you will use with your COP (provided under 30 CFR 585.627(d)) and, when required by this part, your SAP (as provided in § 285.614(b)) or GAP (as provided in § 285.651). You must describe:
(a) How you will ensure the safety of personnel or anyone on or near your facilities;
(b) Remote monitoring, control, and shut down capabilities;
(c) Emergency response procedures;
(d) Fire suppression equipment, if needed;
(e) How and when you will test your safety management system; and
(f) How you will ensure personnel who operate your facilities are properly trained.
Your safety management system must be fully functional when you begin activities described in your approved COP, SAP, or GAP. You must conduct all activities described in your approved COP, SAP, or GAP in accordance with the safety management system you described, as required by § 285.810.
(a) The removal of any equipment from service may result in BSEE applying remedies, as provided in this part, when such equipment is necessary for implementing your approved plan. Such remedies may include an order from BSEE requiring you to replace or remove such equipment or facilities.
(b)(1) You must report within 24 hours when equipment necessary for implementing your approved plan is removed from service for more than 12 hours. If you provide an oral notification, you must submit a written confirmation of this notice within 3-business days, as required by § 285.105(c);
(2) You do not have to report removing equipment necessary for implementing your plan if the removal is part of planned maintenance or repair activities; and
(3) You must notify BSEE when you return the equipment to service.
(a) If you have facility damage or the failure of a pipeline, cable, or other equipment necessary for you to implement your approved plan, you must make repairs as soon as practicable. If you have a major repair, you must submit a report of the repairs to BSEE, as required in § 285.703.
(b) If you are required to report any facility damage or failure under § 285.831, BOEM may require you to revise your SAP, COP, or GAP to describe how you will address the facility damage or failure as required by 30 CFR 585.634 (COP), 585.617 (SAP), or 585.655 (GAP). You must submit a report of the repairs to BSEE, as required in § 285.703.
(c) BSEE may require that you analyze cable, pipeline, or facility damage or failure to determine the cause. If requested by BSEE, you must submit a comprehensive written report of the failure or damage to BSEE as soon as available.
If environmental or other conditions adversely affect a cable, pipeline, or facility so as to endanger the safety or the environment, you must:
(a) Submit a plan of corrective action to BSEE within 30 days of the discovery of the adverse effect.
(b) Take remedial action as described in your corrective action plan.
(c) Submit to the BSEE a report of the remedial action taken within 30 days after completion.
BSEE will inspect OCS facilities and any vessels engaged in activities authorized under this part. We conduct these inspections:
(a) To verify that you are conducting activities in compliance with subsection 8(p) of the OCS Lands Act; the regulations in this part; the terms, conditions, and stipulations of your lease or grant; approved plans; and other applicable laws and regulations.
(b) To determine whether proper safety equipment has been installed and is operating properly according to your safety management system, as required in § 285.810.
BSEE will conduct both scheduled and unscheduled inspections.
(a) When BSEE conducts an inspection, you must:
(1) Provide access to all facilities on your lease (including your project easement) or grant; and
(2) Make the following available for BSEE to inspect:
(i) The area covered under a lease, ROW grant, or RUE grant;
(ii) All improvements, structures, and fixtures on these areas; and
(iii) All records of design, construction, operation, maintenance, repairs, or investigations on or related to the area.
(b) You must retain these records in paragraph (a)(2)(iii) of this section until BOEM releases your financial assurance under 30 CFR 585.534 and provide them to BSEE upon request, within the time period specified by BSEE.
(c) You must demonstrate to the inspector how you are in compliance with your safety management system.
Upon request, BSEE will reimburse you for food, quarters, and transportation that you provide for our representatives while they inspect your lease or grant facilities and associated activities. You must send us your reimbursement request within 90 days of the inspection.
(a) You must develop a comprehensive annual self-inspection plan covering all of your facilities. You must keep this plan wherever you keep your records and make it available to BSEE inspectors upon request. Your plan must specify:
(1) The type, extent, and frequency of in-place inspections that you will conduct for both the above-water and the below-water structures of all facilities and pertinent components of the mooring systems for any floating facilities; and
(2) How you are monitoring the corrosion protection for both the above-water and below-water structures.
(b) You must submit a report annually to us no later than November 1 that must include:
(1) A list of facilities inspected in the preceding 12 months;
(2) The type of inspection employed, (i.e., visual, magnetic particle, ultrasonic testing); and
(3) A summary of the inspection indicating what repairs, if any, were needed and the overall structural condition of the facility.
(a) You must perform an assessment of the structure, when needed, based on the platform assessment initiators listed in sections 17.2.1-17.2.5 of API RP 2A-WSD (incorporated by reference, see § 285.115).
(b) You must initiate mitigation actions for structures that do not pass the assessment process of API RP 2A-WSD.
(c) You may comply with a later edition of API RP 2A-WSD only if:
(1) You show that complying with the later edition provides a degree of protection, safety, or performance equal to or better than what would be achieved by compliance with the listed edition; and
(2) You obtain the prior written approval for alternative compliance from the authorized BSEE official.
(d) You must perform other assessments as required by BSEE.
(a) You must report all incidents listed in § 285.831 to BSEE, according to the reporting requirements for these incidents in §§ 285.832 through 285.833.
(b) These reporting requirements apply to incidents that occur on the area covered by your lease or grant and that are related to activities resulting from the exercise of your rights under your lease or grant.
(c) Nothing in this subpart relieves you from providing notices and reports of incidents that may be required by other regulatory agencies.
(d) You must report all spills of oil or other liquid pollutants in accordance with § 254.46 of this chapter.
(a) You must report the following incidents to us immediately via oral communication, and provide a written follow-up report (paper copy or electronically transmitted) within 15-business days after the incident:
(1) Fatalities;
(2) Incidents that require the evacuation of person(s) from the facility to shore or to another offshore facility;
(3) Fires and explosions;
(4) Collisions that result in property or equipment damage greater than $25,000. (Collision means the act of a moving vessel (including an aircraft) striking another vessel, or striking a stationary vessel or object. Property or equipment damage means the cost of labor and material to restore all affected items to their condition before the damage, including, but not limited to, the OCS facility, a vessel, a helicopter, or the equipment. It does not include the cost of salvage, cleaning, dry docking, or demurrage);
(5) Incidents involving structural damage to an OCS facility that is severe enough so that activities on the facility cannot continue until repairs are made;
(6) Incidents involving crane or personnel/material handling activities, if they result in a fatality, injury, structural damage, or significant environmental damage;
(7) Incidents that damage or disable safety systems or equipment (including firefighting systems);
(8) Other incidents resulting in property or equipment damage greater than $25,000; and
(9) Any other incidents involving significant environmental damage, or harm.
(b) You must provide a written report of the following incidents to us within 15 days after the incident:
(1) Any injuries that result in the injured person not being able to return to work or to all of their normal duties the day after the injury occurred; and
(2) All incidents that require personnel on the facility to muster for evacuation for reasons not related to weather or drills.
For an incident requiring immediate notification under § 285.831(a), you must notify BSEE verbally after aiding the injured and stabilizing the situation. Your verbal communication must provide the following information:
(a) Date and time of occurrence;
(b) Identification and contact information for the lessee, grant holder, or operator;
(c) Contractor, and contractor representative's name and telephone number (if a contractor is involved in the incident or injury/fatality);
(d) Lease number, OCS area, and block;
(e) Platform/facility name and number, or cable or pipeline segment number;
(f) Type of incident or injury/fatality;
(g) Activity at time of incident; and
(h) Description of the incident, damage, or injury/fatality.
(a) For any incident covered under § 285.831, you must submit a written report within 15 days after the incident to BSEE. The report must contain the following information:
(1) Date and time of occurrence;
(2) Identification and contact information for each lessee, grant holder, or operator;
(3) Name and telephone number of the contractor and the contractor's representative, if a contractor is involved in the incident or injury;
(4) Lease number, OCS area, and block;
(5) Platform/facility name and number, or cable or pipeline segment number;
(6) Type of incident or injury;
(7) Activity at time of incident;
(8) Description of incident, damage, or injury (including days away from work, restricted work, or job transfer), and any corrective action taken; and
(9) Property or equipment damage estimate (in U.S. dollars).
(b) You may submit a report or form prepared for another agency in lieu of the written report required by paragraph (a) of this section if the report or form contains all required information.
(c) BSEE may require you to submit additional information about an incident on a case-by-case basis.
(a) Lessees are jointly and severally responsible for meeting decommissioning obligations for facilities on their leases, including all obstructions, as the obligations accrue and until each obligation is met.
(b) Grant holders are jointly and severally liable for meeting decommissioning obligations for facilities on their grant, including all obstructions, as the obligations accrue and until each obligation is met.
You accrue decommissioning obligations when you are or become a lessee or grant holder, and you either install, construct, or acquire by a BOEM-approved assignment a facility, cable, or pipeline, or you create an obstruction to other uses of the OCS.
(a) Except as otherwise authorized under § 285.909, within 2 years following termination of a lease or grant, you must:
(1) Remove or decommission all facilities, projects, cables, pipelines, and obstructions;
(2) Clear the seafloor of all obstructions created by activities on your lease, including your project easement, or grant.
(b) Before decommissioning the facilities under your SAP, COP, or GAP, you must submit a decommissioning application to, and receive approval from, BSEE.
(c) The approval of the decommissioning concept in the SAP, COP, or GAP is not an approval of a decommissioning application. However, you may submit your complete decommissioning application to BSEE simultaneously with the SAP, COP, or GAP, so that it may undergo appropriate technical and regulatory reviews at that time.
(d) Following approval of your decommissioning application, you must submit a decommissioning notice under § 285.908 to BSEE at least 60 days before commencing decommissioning activities.
(e) If you, your subcontractors, or any agent acting on your behalf discovers any archaeological resource while conducting decommissioning activities, you must immediately halt bottom-disturbing activities within 1,000 feet of the discovery and report the discovery to us within 72 hours. BOEM will inform you how to conduct investigations to determine if the resource is significant and how to protect it in accordance with 30 CFR 585.702. You, your subcontractors, or any agent acting on your behalf must keep the location of the discovery confidential and must not take any action that may adversely affect the archaeological resource until we have made an evaluation and told you how to proceed.
(f) Provide BOEM with documentation of any coordination efforts you have made with the affected States, local, and Tribal governments.
You must comply with the decommissioning requirements in your BOEM-issued lease. If you fail to comply with the decommissioning requirements of your lease then:
(a) BOEM may call for the forfeiture of your bond or other financial assurance;
(b) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure; and
(c) BSEE may take enforcement action under § 285.400.
You may request a departure from the decommissioning requirements under § 285.103.
You must submit your decommissioning application upon the earliest of the following dates:
(a) Two (2) years before the expiration of your lease.
(b) Ninety (90) days after completion of your commercial activities on a commercial lease.
(c) Ninety (90) days after completion of your approved activities under a limited lease on a ROW grant or RUE grant.
(d) Ninety (90) days after cancellation, relinquishment, or other termination of your lease or grant.
You must provide one paper copy and one electronic copy of the application. Include the following information in the application, as applicable.
(a) Identification of the applicant including:
(1) Lease operator, ROW grant holder, or RUE grant holder;
(2) Address;
(3) Contact person and telephone number; and
(4) Shore base.
(b) Identification and description of the facilities, cables, or pipelines you plan to remove or propose to leave in place, as provided in § 285.909.
(c) A proposed decommissioning schedule for your lease, ROW grant, or RUE grant, including the expiration or relinquishment date and proposed month and year of removal.
(d) A description of the removal methods and procedures, including the types of equipment, vessels, and moorings (i.e., anchors, chains, lines, etc.) you will use.
(e) A description of your site clearance activities.
(f) Your plans for transportation and disposal (including as an artificial reef) or salvage of the removed facilities, cables, or pipelines and any required approvals.
(g) A description of those resources, conditions, and activities that could be affected by or could affect your proposed decommissioning activities. The description must be as detailed as necessary to assist BSEE in complying with the NEPA and other relevant Federal laws.
(h) The results of any recent biological surveys conducted in the vicinity of the structure and recent observations of turtles or marine mammals at the structure site.
(i) Mitigation measures you will use to protect archaeological and sensitive biological features during removal activities.
(j) A description of measures you will take to prevent unauthorized discharge of pollutants, including marine trash and debris, into the offshore waters.
(k) A statement of whether or not you will use divers to survey the area after removal to determine any effects on marine life.
(a) Based upon your inclusion of all the information required by § 285.906, BSEE will compare your decommissioning application with the decommissioning general concept in your approved SAP, COP, or GAP to determine what technical and environmental reviews are needed.
(b) You will likely have to revise your SAP, COP, or GAP, and BOEM will begin the appropriate NEPA analysis and other regulatory reviews as required, if BSEE determines that your decommissioning application would:
(1) Result in a significant change in the impacts previously identified and evaluated in your SAP, COP, or GAP;
(2) Require any additional Federal permits; or
(3) Propose activities not previously identified and evaluated in your SAP, COP, or GAP.
(c) During the review process, we may request additional information if we determine that the information provided is not sufficient to complete the review and approval process.
(d) Upon completion of the technical and environmental reviews, we may approve, approve with conditions, or disapprove your decommissioning application.
(e) If BSEE disapproves your decommissioning application, you must resubmit your application to address the concerns identified by BSEE.
(a) The decommissioning notice is distinct from your decommissioning application and may only be submitted following approval of your decommissioning application, as described in §§ 285.905 through 285.907. You must submit a decommissioning notice at least 60 days before you plan to begin decommissioning activities.
(b) Your decommissioning notice must include:
(1) A description of any changes to the approved removal methods and procedures in your approved decommissioning application, including changes to the types of vessels and equipment you will use; and
(2) An updated decommissioning schedule.
(c) BSEE will review your decommissioning notice and may require you to resubmit a decommissioning application if BSEE determines that your decommissioning activities would:
(1) Result in a significant change in the impacts previously identified and evaluated;
(2) Require any additional Federal permits; or
(3) Propose activities not previously identified and evaluated.
(a) In your decommissioning application, you may request that certain facilities authorized in your lease or grant remain in place for other activities authorized in this part, elsewhere in this subchapter, or by other applicable Federal law.
(b) Except as provided in paragraph (c) of this section, if BOEM authorizes facilities to remain in place, the former lessee or grantee under this part remains jointly and severally liable for decommissioning the facility unless satisfactory evidence is provided to BOEM showing that another party has assumed that responsibility and has secured adequate financial assurances.
(c) In your decommissioning application, identify facilities authorized by BOEM to be converted to an artificial reef or otherwise toppled in place.
(a) You must remove all facilities to a depth of 15 feet below the mudline, unless otherwise authorized by BSEE.
(b) Within 60 days after you remove a facility, you must verify to BSEE that you have cleared the site.
Within 60 days after you remove a facility, cable, or pipeline, you must submit a written report to BSEE that includes the following:
(a) A summary of the removal activities, including the date they were completed;
(b) A description of any mitigation measures you took; and
(c) If you used explosives, a statement signed by your authorized representative that certifies that the types and amount of explosives you used in removing the facility were consistent with those in the approved decommissioning application.
If you fail to comply with your approved decommissioning plan or application:
(a) BOEM may call for the forfeiture of your bond or other financial assurance;
(b) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure; and
(c) BSEE may take enforcement action under § 285.400.
This subpart provides the general provisions for regulating activities that use (or propose to use) an existing OCS facility for energy- or marine-related purposes, that are not otherwise authorized under any other part of this subchapter or any other applicable Federal statute. Activities authorized under any other part of this subchapter or under any other Federal law that use (or propose to use) an existing OCS facility are not subject to this subpart.
(a) BSEE may suspend an Alternate Use RUE if:
(1) Necessary to comply with judicial decrees;
(2) Continued activities pursuant to the Alternate Use RUE pose an imminent threat of serious or irreparable harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance; or
(3) Operation of the existing OCS facility that is subject to the Alternate Use RUE has been suspended or temporarily prohibited and we have determined that continued activities under the Alternate Use RUE are unsafe or cause undue interference with the operation of the original OCS Lands Act approved activity.
(b) A suspension will extend the term of your Alternate Use RUE grant for the period of the suspension.
The Secretary may cancel an Alternate Use RUE if it is determined, after notice and opportunity to be heard:
(a) You no longer qualify to hold an Alternate Use RUE;
(b) You failed to provide any additional financial assurance required by BOEM, replace or provide additional coverage for a de-valued bond, or replace a lapsed or forfeited bond within the prescribed time period;
(c) Continued activity under the Alternate Use RUE is likely to cause serious harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
(d) Continued activity under the Alternate Use RUE is determined to be adversely impacting the original OCS Lands Act approved activities on the existing OCS facility;
(e) You failed to comply with any of the terms and conditions of your approved Alternate Use RUE or your approved plan; or
(f) You otherwise failed to comply with applicable laws or regulations.
(a) The holder of an Alternate Use RUE is responsible for all decommissioning obligations that accrue following the issuance of the Alternate Use RUE and which pertain to the Alternate Use RUE.
(b) The lessee under the lease originally issued under 30 CFR chapter V will remain responsible for decommissioning obligations that accrued before issuance of the Alternate Use RUE, as well as for decommissioning obligations that accrue following issuance of the Alternate Use RUE to the extent associated with continued activities authorized under other parts of this title.
(a) Decommissioning requirements will be determined by BOEM and BSEE on a case-by-case basis, and will be included in the terms of the Alternate Use RUE.
(b) Decommissioning activities must be completed within 1 year of termination of the Alternate Use RUE.
(c) If you fail to satisfy all decommissioning requirements within the prescribed time period, BOEM will call for the forfeiture of your bond or other financial guarantee, and you will remain liable for all accidents or damages that might result from such failure.