For drilling operations using a subsea BOP or surface BOP on a floating facility, you must have the ability to control or contain a blowout event at the sea floor.

1. (a) To determine your required source control and containment capabilities you must do the following:

   1. (1) Consider a scenario of the wellbore fully evacuated to reservoir fluids, with no restrictions in the well.
   2. (2) Evaluate the performance of the well as designed to determine if a full shut-in can be achieved without having reservoir fluids broach to the sea floor. If your evaluation indicates that the well can only be partially shut-in, then you must determine your ability to flow and capture the residual fluids to a surface production and storage system.

2. (b) You must have access to and the ability to deploy Source Control and Containment Equipment (SCCE) and all other necessary supporting and collocated equipment to regain control of the well. SCCE means the capping stack, cap-and-flow system, containment dome, and/or other subsea and surface devices, equipment, and vessels, which have the collective purpose to control a spill source and stop the flow of fluids into the environment or to contain fluids escaping into the environment based on the determinations outlined in paragraph (a) of this section. This SCCE, supporting equipment, and collocated equipment may include, but is not limited to, the following:

   1. (1) Subsea containment and capture equipment, including containment domes and capping stacks;
   2. (2) Subsea utility equipment including hydraulic power sources and hydrate control equipment;
   3. (3) Collocated equipment including dispersant injection equipment;
   4. (4) Riser systems;
   5. (5) Remotely operated vehicles (ROVs);
   6. (6) Capture vessels;
   7. (7) Support vessels; and
   8. (8) Storage facilities.

3. (c) You must submit a description of your source control and containment capabilities to the Regional Supervisor and receive approval before BSEE will approve your APD, Form BSEE-0123. The description of your containment capabilities must contain the following:

   1. (1) Your source control and containment capabilities for controlling and containing a blowout event at the seafloor;
   2. (2) A discussion of the determination required in paragraph (a) of this section; and
   3. (3) Information showing that you have access to and the ability to deploy all equipment required by paragraph (b) of this section.

4. (d) You must contact the District Manager and Regional Supervisor for reevaluation of your source control and containment capabilities if your:

   1. (1) Well design changes; or
   2. (2) Approved source control and containment equipment is out of service.

5. (e) You must maintain, test, and inspect the source control, containment, and collocated equipment identified in the following table according to these requirements:

   Equipment	Requirements, you must:	Additional information
   (1) Capping stacks,	(i) Function test all pressure containing critical components on a quarterly frequency (not to exceed 104 days between tests).	Pressure containing critical components are those components that will experience wellbore pressure during a shut-in after being functioned.
   	(ii) Pressure test pressure containing critical components on a bi-annual basis, but not later than 210 days from the last pressure test. All pressure testing must be witnessed by BSEE (if available) and an independent third party.	Pressure containing critical components are those components that will experience wellbore pressure during a shut-in. These components include, but are not limited to: All blind rams, wellhead connectors, and outlet valves.
   	(iii) Notify BSEE at least 21 days prior to commencing any pressure testing
   (2) Production safety systems used for flow and capture operations,	(i) Meet or exceed the requirements set forth in Subpart H, excluding required equipment that would be installed below the wellhead or that is not applicable to the cap and flow system.
   	(ii) Have all equipment unique to containment operations available for inspection at all times
   (3) Subsea utility equipment,	Have all equipment utilized solely for containment operations available for inspection at all times	Subsea utility equipment includes, but is not limited to: Hydraulic power sources, debris removal, and hydrate control equipment.
   (4) Collocated equipment designated by the operator in the Regional Containment Demonstration (RCD) or Well Containment Plan (WCP),	Have equipment available for inspection at all times	Collocated equipment includes, but is not limited to, dispersant injection equipment and other subsea control equipment.

[81 FR 26020, Apr. 29, 2016, as amended at 84 FR 21975, May 15, 2019]