Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Pipelines and Pipeline Rights-of-Way

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 250, 253, 254, 256

RIN 1010-AD11

Oil and Gas and Sulphur Operations in the Outer Continental Shelf—Pipelines and Pipeline Rights-of-Way

AGENCY:

Minerals Management Service (MMS), Interior.

ACTION:

Proposed rule.

SUMMARY:

This proposed rulemaking completely revises the MMS Outer Continental Shelf pipeline and pipeline Rights-of-Way (ROW) regulations, and brings them up to date with current industry practices and technology. The proposed rule incorporates parts of several new and revised industry standards into the regulations. It also incorporates several conditions of approval for pipelines, plus guidance from various Notices to Lessees and Operators (NTLs) and one Letter to Lessees and Operators (LTL) into one set of comprehensive pipeline regulations. The proposed regulations would eliminate several NTLs and the LTL, and have been rewritten in plain language.

DATES:

Submit comments by January 31, 2008. The MMS may not fully consider comments received after this date. Submit comments to the Office of Management and Budget on the information collection burden in this proposed rule by November 2, 2007.

ADDRESSES:

You may submit comments on the proposed rulemaking by any of the following methods. Please use the Regulation Identifier Number (RIN) 1010-AD11 as an identifier in your message. See also Public Availability of Comments under Procedural Matters.

• Federal eRulemaking Portal:

http://www.regulations.gov.

Follow the instructions on the Web site for submitting comments.

• E-mail MMS at

rules.comments@mms.gov.

Use RIN 1010-AD11 in the subject line.

• Fax: 703-787-1546. Identify with the RIN, 1010-AD11.

• Mail or hand-carry comments to the Department of the Interior; Minerals Management Service; Attention: Regulations and Standards Branch (RSB); 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference “Pipelines and Pipeline Rights-of-way, 1010-AD11” in your comments and include your name and return address.

• Send comments on the information collection in this rule to: Interior Desk Officer 1010-0050, Office of Management and Budget, 202-395-6566 (fax); e-mail:

oira_docket@omb.eop.gov.

Please also send a copy to MMS.

FOR FURTHER INFORMATION CONTACT:

For comments or questions on procedural issues, contact Richard Ensele, Regulations and Standards Branch, 703-787-1583. For questions on technical issues, contact Alex Alvarado, Pipeline Section, Gulf of Mexico Outer Continental Shelf Region, 504-736-2547.

SUPPLEMENTARY INFORMATION:

The proposed rule is a complete revision of the regulations regarding pipelines and pipeline ROWs on the Outer Continental Shelf (OCS). The current regulations were originally published on April 1, 1988; various sections have been updated, and MMS has issued several NTLs and one LTL to clarify the regulations and to provide guidance. In addition, MMS often uses “conditions of approval” when approving pipeline applications to ensure that pipelines are installed, operated, maintained, and repaired in a safe and environmentally sound manner. The proposed rule incorporates some of those conditions of approval, and the guidance from the following NTLs and LTL (these documents are available on the MMS Web site at

http://www.mms.gov/ntls/

):

• NTL No. 2007-G09, Air Emissions Information for Applications for Accessory Platforms to Pipeline Rights-of-way (would be eliminated by the proposed rule);

• NTL No. 98-09, Proposed and As-Built Pipeline Location Data (would be eliminated by the proposed rule);

• NTL No. 2007-G01, Shallow Hazards Requirements;

• NTL No. 2000-G20, Deepwater Chemosynthetic Communities;

• NTL No. 2002-G03, Supervisory Control and Data Acquisition (SCADA) Systems;

• NTL No. 2007-G20, Coastal Zone Management Program Requirements for OCS ROW Pipeline Applications (would be eliminated by the proposed rule);

• NTL No. 2004-G05, Biologically Sensitive Areas of the Gulf of Mexico;

• NTL No. 2005-G07, Archaeological Resource Surveys and Reports;

• NTL No. 2007-G14, Pipeline Risers Subject to the Platform Verification Program (would be eliminated by the proposed rule); and

• LTL dated April 18, 1991, Provide Clarification, Description, and Interpretation with Regard to Pipeline Requirements (would be eliminated by the proposed rule).

One of the goals in the proposed rule is to minimize the use of conditions of approval and NTLs. By incorporating this information, we hope to eliminate most of the conditions of approval, the four NTLs as noted above, and the LTL listed above. The remaining five NTLs would remain in effect, since they apply to other operations in addition to pipelines. In most cases, the industry has complied with these conditions and followed the guidance in the NTLs for several years. Even though these requirements are new to the regulations, they are generally not new to the industry.

Another goal of the proposed rule is to update several industry standards already incorporated by reference into the regulations, and to incorporate new standards which would give the industry more options in designing new pipelines.

Review of Proposed Rule

The proposed revision of subpart J is much longer than the current regulations in subpart J. It is more comprehensive, clear, and detailed. Most of the changes are designed to enhance safety and protect the environment. Many of the changes are based on American Petroleum Institute (API), American National Standards Institute (ANSI), and American Society of Mechanical Engineers (ASME) recommended practices, as well as standard MMS and industry practices. MMS will discuss the more significant changes here.

The proposed rule revises several of the definitions in § 250.105. The definitions in § 250.105 that MMS proposes to revise appear in other subparts as well as subpart J. Terms used only in subpart J are defined in proposed § 250.1000 if the term is used in more than one place in subpart J. If a term is used in only one place in subpart J, it is defined in place.

The proposed rule uses standards incorporated by reference applicable to pipelines. In some cases, MMS decided to include only the applicable language from a standard in the rule, rather than incorporate the entire standard. In other instances, MMS incorporated the standard or updated the currently incorporated standard. MMS will address the specific standards as they appear in the proposed rule. Since all documents incorporated by reference are covered under 30 CFR 250 subpart A at § 250.198, MMS proposes to update this section to include any new or changed documents. This includes revising the citations listed for several currently incorporated documents to correspond to the proposed subpart J rulemaking. MMS also added and changed requirements that relate to OCS

pipelines contained in 30 CFR parts 253, Oil Spill Financial Responsibility; 254, Oil Spill Response Requirements for Facilities Located Seaward of the Coastline; and 256, Leasing of Sulphur or Oil or Gas in the Outer Continental Shelf.

MMS has divided the proposed rule into several broad subject categories as follows:

• General

• Applications for New Pipelines

• Pipeline Application Contents

• Pipeline Design

• Pipeline Fabrication

• Pipeline Construction

• Pipeline Risers Connected to Floating Platforms

• Pipeline Pressure Testing

• Pipeline Safety Equipment

• Pipeline Leak Detection

• Pipeline Internal Corrosion Control and Flow Assurance

• Pipeline Operations and Maintenance

• Pipeline Modifications and Repairs

• Pipeline Surveying, Monitoring, and Inspection

• Pipeline Decommissioning

• Pipeline Right-of-way (ROW) Grants

• Accessories to Right-of-way (ROW) Pipelines

The following is an overview of each category, and a discussion of the significant changes and requirements.

General

The General category covers definitions, general requirements, types of pipelines, jurisdiction, and a table that summarizes required applications, notifications, plans, and reports. The definitions used in this rulemaking have been discussed above. MMS considered adding a listing or table of acronyms after the definitions section, but decided against that due to the length of this proposed subpart. Would it be helpful to include such a listing or table?

The proposed rule provides the basic regulations for OCS pipelines. There are other laws, conditions, and stipulations that apply to pipelines on the OCS which are not mentioned in the current regulations, but are addressed in this proposed rule. They include:

• OCS Lands Act (OCSLA), as amended

• National Environmental Policy Act (NEPA)

• Coastal Zone Management Act (CZMA)

• Oil Pollution Act of 1990 (OPA 90)

• Federal Water Pollution Control Act (FWPCA)

• Applicable implementing regulations

• Approved applications

• Development Operations Coordination Documents (DOCD)

• Development and Production Plans (DPP)

• Lease provisions and stipulations

The Department of the Interior (DOI), through MMS, is one of two Federal agencies with jurisdiction over OCS oil and gas pipelines. The other is the U.S. Department of Transportation (DOT). Jurisdictional issues between the two agencies are addressed in this category. The jurisdictional criteria are based on the December 1996 Memorandum of Understanding (MOU) between DOI and DOT. According to the MOU, producer-operated pipelines are generally under DOI jurisdiction, and transporter-operated pipelines are generally under DOT jurisdiction. The MOU includes the flexibility to cover situations that do not correspond to its general definition of the jurisdictional boundary as “the point at which operating responsibility transfers from a producing operator to a transporting operator.” The MOU also provides that DOI and DOT may, through their enforcement agencies and in consultation with the affected parties, agree to exceptions to the MOU on a facility-by-facility or area-by-area basis. Operators may also petition DOI and DOT for exceptions to the MOU.

This category includes a table that summarizes the various applications, notifications, plans, and reports that a company must submit to MMS, including the timing of the submittal or notification and the number of copies required.

Applications for New Pipelines

MMS approval is required to install, maintain, and operate all new pipelines on the OCS. This category covers the responsibilities of the applicant and MMS in the pipeline application process. The conditions under which the Secretary of the Interior may cancel approval of a pipeline application are also addressed.

The proposed rule covers:

• When the Regional Supervisor (RS) may require additional information;

• When the RS may limit the information needed;

• When an application may be withdrawn;

• Requirements for informing impacted lessees, lease operators, and pipeline ROW holders; and

• Information submitted to affected States.

MMS added a section to allow the RS to require additional information for those situations where conditions or features may warrant further scrutiny. Additionally, MMS added a section to allow the RS to limit the information to be submitted, if that information was submitted previously or is otherwise available. MMS is also codifying the Coastal Zone Management information requirements for affected States for the first time in the pipeline regulations. Guidance on this subject is currently contained in an NTL which would be eliminated by this proposed rule.

The proposed rule documents the current process that MMS follows in its standard review of applications. That process is not addressed in the current regulations. Steps in the process include:

• Initial review

• Compliance review

• Environmental impact evaluation

• Amendments

• Approval restrictions

• Objections to coastal zone consistency certifications

Pipeline Application Contents

The information that the applicant must supply to MMS in a pipeline application is spelled out, in detail, in this category. The proposed rule consolidates current MMS application content and application process requirements, with related guidance from several NTLs and one LTL.

Activities for lease term pipelines must be covered in DOCDs in the western Gulf of Mexico (GOM), and in DPPs in the eastern GOM and in the Pacific and Alaska OCS Regions. The requirements for these OCS plans are covered in 30 CFR 250, subpart B, Plans and Information. The proposed rule imposes similar requirements for information on ROW pipeline applications that must be addressed in the DOCD and DPP required by subpart B for lease term pipelines. Current pipeline ROW regulations do not impose these requirements. They are contained as guidance in an NTL. As stated earlier, this proposed rulemaking would eliminate four NTLs and one LTL.

Proposed § 250.1016 lists other agencies and entities with which an applicant must coordinate, and the information required by MMS documenting that the coordination has taken place. Proposed §§ 250.1017 and 1018 provide a detailed description of the information required regarding the location of the proposed pipeline. In addition, proposed §§ 250.1019 and 1020 provide a detailed description of the information required in the application regarding horizontal components, risers, appurtenances, and schematic flow diagrams.

Applicants currently provide much of the information required in proposed §§ 250.1022, 1023, and 1025 regarding construction, support, and products under the guidance of the NTLs listed earlier. The information requirements in proposed § 250.1026 regarding

biological and archaeological resources are also currently submitted under the guidance of the NTLs. The proposed rule codifies current procedures.

The requirements in proposed § 250.1028 regarding oil spill response plans, and those in proposed § 250.1029 regarding oil spill financial responsibility for ROW pipelines, are both new to subpart J. However, the proposed regulations simply reference current requirements in 30 CFR parts 254 and 253, respectively.

The information requirements in proposed § 250.1030 regarding environmental impact analyses for ROW pipelines are new to the pipeline regulations, but are necessary for MMS to comply with NEPA.

Pipeline Design

Section 250.1002 of the current regulations contains pipeline design requirements. The proposed rule expands the design requirements into §§ 250.1031 through 250.1036. The proposed rule includes performance requirements for designing a pipeline to mitigate and withstand the detrimental effects of environmental factors such as currents, storm and ice scouring, mud slides, earthquakes, hurricanes, and load factors such as differential pressures, dynamic loads, expansion and contraction, corrosion, and hydrogen sulfide gas.

The proposed rule includes the formula for internal design pressure for steel horizontal components and risers that is in the current regulations. However, the proposed rule allows the use of equations from sections 4.3.1, 4.3.1.1, or 4.3.1.2 of API Recommended Practice 1111, Design, Construction, Operation, and Maintenance of Offshore Hydrocarbon Pipelines (Limit State Design) (API RP 1111), in lieu of the current formula. This may result in a cost savings to the pipeline company depending on the type of pipe required by the different equations. It gives the pipeline company a choice in designing the pipeline. In addition, the proposed rule incorporates the formulas in sections 4.3.2.1 and 4.3.2.2 of API RP 1111 for predicting the external design (collapse) pressure for steel pipe, and the formulas in sections 4.5.4 and 4.1.6.2 of API RP 1111 for designing a catenary riser for a fixed structure. The proposed rule would incorporate these seven sections of API RP 1111 into the regulations.

Pipeline Fabrication

MMS included new performance requirements for pipeline fabrication in the proposed rule. The requirements are general in nature, and cover quality control, design tolerances, recognized engineering practices, and compliance.

Pipeline Construction

Many of the proposed requirements in this category are new to the regulations. These include the performance requirements in the proposed § 250.1040, and the requirements for constructing a pipeline in or near a designated use area, and in or near a sensitive biological feature or archaeological resource. Also new in the proposed regulations are requirements for hazard mitigation and installing hot taps.

MMS included in this proposed rule a requirement to notify the military when crossing established military warning and water test areas, and a recommendation to notify the U.S. Coast Guard (USCG) for the preparation of a Notice to Mariners.

The proposed rule would require pipeline companies in the Alaska OCS Region (AKOCSR) and Pacific OCS Region (POCSR) to take cathodic protection readings on all pipelines during repairs and hot tap installations, not just on those pipelines that are over 20 years old. MMS added this requirement to ensure that the entire length of the pipeline remains protected from external corrosion. MMS also proposes requirements for protecting the coating on the horizontal component of the pipeline and the riser during construction, and we changed the requirements for protecting appurtenances and crossings so that all equipment must have protection or cover in water depths less than 500 feet. The separation for pipeline crossings is changed from 18 inches to 12 inches. The reduction still provides adequate protection, and is compatible with industry standards and DOT requirements. However, MMS invites your specific comments on this proposed change.

The U.S. Department of Defense (DOD) provided the requirements in proposed § 250.1047(a) regarding military test and water test areas. They are currently part of the lease agreement and stipulations. The requirements in proposed § 250.1048 regarding sensitive biological features and archaeological resources are taken from guidance contained in several of the previously listed NTLs. Pipeline companies have followed the guidance in these NTLs and their predecessors for several years.

The proposed rule would require companies to submit construction reports within 45 days after completion of pipeline construction, instead of the current 90 days. This is a reasonable requirement with today's technology, and will allow for faster updating of maps.

Pipeline Risers Connected to Floating Platforms

The proposed rule establishes a Pipeline Riser Verification Program for risers connected to floating platforms. The proposed rule at § 250.1052 requires that all such pipeline risers be subject to separate verification that necessitates the use of a Certified Verification Agent (CVA) specifically for the pipeline riser. This requirement would be in addition to the platform verification requirements in subpart I. MMS is proposing this requirement because pipeline risers from floating platforms are highly sophisticated and complicated components that require extensive specialized technical analysis and oversight. Also, riser failures could have high failure consequences, such as spills, explosions, fires and other major incidents. The proposed rulemaking would eliminate one NTL on this subject.

Pipeline Pressure Testing

This category covers hydrostatic pressure testing and leak testing. The proposed rule provides a definition of a successful hydrostatic pressure test, including when to conduct these tests and how to report the results. Most of the proposed requirements are the same as the current regulations. However, there are some new requirements for pressure testing after a repair using a spool piece.

The requirements for submitting test results are revised to include specific information in the report. The proposed rule lists the instances when a hydrostatic pressure test is required, and the pressure requirements for the test. MMS is also proposing specific requirements for leak tests. In addition, the proposed rule allows pretesting of a spool piece for a repair to conform to DOT regulations.

Pipeline Safety Equipment

This category covers the required safety equipment for pipelines. This includes departing, incoming, crossing, and bi-directional pipelines and pipeline pumps. The proposed rule describes the types, location, and operation of the required equipment. It also addresses requirements for providing redundant safety devices and for dealing with safety equipment failure.

This category begins with a general performance requirement. MMS proposes to expand the regulatory requirements for departing pipelines to include certain requirements currently

imposed as conditions of approval for various permits. These requirements include the settings of high/low pressure sensors (PSHLs), and methods to determine the settings. In addition, the RS may require the installation of a flow safety valve (FSV) or a shutdown valve (SDV) on departing pipelines. These requirements are currently common industry safety practices.

On new incoming, crossing, and bidirectional pipelines, the proposed rule requires that companies install SDVs no more than 10 feet from the boarding pipeline riser and in an unclassified area. On new crossing pipelines, the proposed rule requires installation of an FSV on unmanned and non-production platforms to prevent backflow. MMS currently imposes these requirements as conditions of approval to prevent spills and decrease the likelihood of explosions and fires.

If the safety equipment fails, the proposed rule requires that the company shut in all pipelines immediately to ensure safety and protect the environment. Pipeline companies may not resume operations until the equipment is repaired or replaced, unless an equivalent degree of protection is provided.

Pipeline Leak Detection

The proposed rule allows the RS to require leak detection systems if MMS determines that they are necessary. The proposed rule recommends the use of current technology. This includes, but is not limited to, computational pipeline monitoring (CPM), including supervisory control and data acquisition (SCADA) systems.

Pipeline Internal Corrosion Control and Flow Assurance

This category includes new requirements to prevent internal pipeline corrosion and to maintain adequate flow over the life of a pipeline. These proposed changes are based on current industry practices included in API RP 1111.

Pipeline Operations and Maintenance

Proposed § 250.1079 would require the preparation of an operations and maintenance manual, an integrity management program, an emergency plan, and a personnel qualification program. MMS is proposing these requirements to ensure that lessees, designated lease operators, and pipeline ROW holders maintain OCS pipelines in accordance with current industry practices, and that the personnel performing the maintenance are capable of that task. Recent pipeline leaks in onshore pipelines in the United States, and other integrity issues associated with those pipelines, have prompted MMS to address offshore pipeline integrity in this proposed rule. The new requirements in § 250.1079 are performance based. At a later time, MMS may propose more prescriptive regulations if research indicates the need for them.

Proposed § 250.1080 would require marking pipeline segment numbers on the pipeline at each platform. The proposed rule would require marking immediately for new pipelines, but allows 6 months to mark existing pipelines. The proposed rule allows for the use of the component identifier from API RP 14C, Recommended Practice for Analysis, Design, Installation, and Testing of Basic Surface Safety Systems for Offshore Production Platforms (incorporated by reference into the regulations at § 250.198) using the MMS-assigned pipeline segment number as the unique identifier. In API RP 14C, pipelines are identified by the codes KAA (bi-directional), KAH (departing), and KAQ (incoming). Under the proposed rule, the MMS-assigned pipeline segment number could be added to the API code (e.g., KAH-1425, where 1425 is the MMS-assigned pipeline segment number).

MMS included new requirements for the preparation of an H

2

S Contingency Plan for pipelines that transport products containing H

2

S in certain concentrations. Since such plans are required for all other OCS operations where H

2

S is present, this proposed requirement makes the pipeline regulations consistent with the rest of our regulations.

Although the requirements in proposed § 250.1083 regarding remote operations are also new to the regulations, they are based on guidance from a current NTL covering operations during storms or other emergencies requiring evacuation.

The specific requirements in proposed § 250.1084 covering testing of safety equipment are new to the pipeline regulations. The current regulation at § 250.1004(a) is a performance based requirement for testing safety equipment. The proposed rule would require testing as outlined in API RP 14C. Pipeline safety equipment is currently tested in accordance with the requirements in subpart H, Oil and Gas Production Safety Systems. This revision places the requirements in subpart J. Prudent companies already follow these procedures in testing pipeline safety equipment.

The proposed rule includes notification and reporting requirements for safety equipment and pipelines removed from service. In addition, MMS proposes testing requirements for resuming operations on pipelines that have been shut in. Proposed § 250.1088 would require suspension of pipeline operations and notification to MMS if a pipeline leaks. The notification requirement is based on guidance in a current LTL (which would be eliminated by this proposed rule), and is also normally a condition of approval to reactivate a pipeline. We included the requirements in proposed § 250.1089, covering flaring gas from a pipeline, to be consistent with the regulations in subpart K, Oil and Gas Production Rates.

Pipeline Modifications and Repairs

MMS has completely revised the regulations covering pipeline modifications and pipeline repairs to more closely resemble the requirements covering new pipelines. The information required in a modification application is expanded to satisfy safety and environmental protection requirements. MMS incorporated guidance currently addressed in an NTL to satisfy Coastal Zone Management Act (CZMA) requirements if the modification affects any States. For those modifications that involve the installation of a hot tap, we proposed requirements covering the design, location, and description of the hot tap. In addition, the proposed rule would require the submission of a modification report within 30 days of completion.

The new information proposed for a repair application is necessary for safety and the protection of the environment. The proposed rule would require that the company submit a repair report within 30 days of the completion of the repair. The report must include location information, confirmation of the damage, confirmation that the repair was completed as approved, the results of pressure tests, and the cathodic protection measurements.

MMS revised the requirements (proposed § 250.1096) for repairing a pipeline with a clamp to differentiate those repairs below the splash zone from those in or above the splash zone. If you use a clamp to repair the pipeline on the horizontal component or on the pipeline riser below the splash zone, the proposed rule allows for the use of a welded clamp or a mechanical clamp. The proposed rule would require an application for a permanent repair in or above the splash zone, if you temporarily repaired the pipeline with a mechanical clamp. The permanent repair would require the use of a welded clamp, a spool piece, or other method approved by the RS.

Pipeline Surveying, Monitoring, and Inspection

The proposed rule would require visual surveys of all pipeline routes at least monthly, and gives several methods for conducting the surveys. In addition, the proposed rule would require annual inspections of each pipeline riser in and above the splash zone, and inspection of the underwater portions of the riser in conjunction with the platform inspection requirements in 30 CFR 250, subpart I, Platforms and Structures. MMS included proposed requirements, currently in effect as guidance in an NTL, for inspecting the pipeline after a storm or earthquake. These proposed requirements are considered critical to the safe operation of pipelines.

MMS proposes to change the deadline for reporting anode system inspections from March 1 to October 31 of each year, with the inspections to be conducted no later than September 30 of each year. This synchronizes MMS requirements for these reports with the timing of industry, since the inspections are normally conducted during the summer months. Pipeline companies currently either submit reports for inspections that they performed the previous summer, which are almost a year old, or they conduct the inspections when the weather is not ideal. By changing the reporting deadline to October 31 of each year, MMS ensures that the companies submit current information. The proposed regulation also allows the company to conduct tests at anytime and submit the reports within 60 days of the test, but no later than October 31 of each year. This provides more flexibility to the company in the timing of the tests.

The ultrasonic test inspections, in-line inspections, and trawling tests in proposed § 250.1103(d), (e), and (f) are new to the regulations. The RS may require these inspections and tests if specific conditions indicate the need for them.

Pipeline Decommissioning

The regulations for decommissioning a pipeline are mostly unchanged. MMS is proposing to relocate the pipeline decommissioning regulations from 30 CFR 250, subpart Q, Decommissioning Activities, to subpart J since these regulations are unique to pipeline operations. This would consolidate almost all pipeline specific regulations in one subpart. MMS requests your specific comments on this proposal, and comments on whether we should adopt this approach with other subparts within 30 CFR 250.

MMS added one section (proposed § 250.1113) covering the requirements for re-commissioning a decommissioned pipeline. This section refers the applicant to the pipeline application process in proposed § 250.1007.

Pipeline Right-of-Way (ROW) Grants

This category covers the terms and conditions for holding a pipeline ROW grant, including when a grant is needed, who may hold a grant, and how to apply for a grant. It also covers:

• Bonding

• Application submittal

• MMS review

• Compliance

• Environmental review

• State consistency review

• Modification

• Cessation of operations

• Assigning a grant

• Suspensions

• Relinquishing a grant

• Terminating a grant

Because of certain administrative similarities between pipeline ROW grants and OCS leases, many of the proposed changes are based on or derived from the regulations in 30 CFR 256, which address OCS leasing. Each separate ROW pipeline requires a separate ROW grant. The proposed financial security requirements are more detailed than in the current regulations. Currently, pipeline companies must furnish an area bond in the amount of $300,000 to hold pipeline ROW grants in an MMS OCS Region. The proposed rule would allow a pipeline ROW holder the option of choosing to cover the pipeline ROW with either a $300,000 pipeline ROW grant individual bond or a $1,000,000 pipeline ROW grant area bond. The $1,000,000 area bond will cover all pipeline ROW grants held by a company in one MMS OCS Region. These requirements represent an increase from the current bonding amount, and will more accurately reflect the actual liabilities in decommissioning pipelines. The new proposed amounts would apply to all existing and future grants. Companies would be required to cover existing pipeline ROW grants by these increased amounts within 6 months after the rule becomes effective. The Regional Director may also require additional security based on an evaluation of a company's ability to carry out present and future financial obligations under the pipeline ROW grant. Companies have the opportunity to provide MMS with written or oral arguments during the evaluation. These securities are required primarily to ensure that the U.S. Government has sufficient funds available to properly decommission a pipeline in the event that the pipeline company is unable or unwilling to do so. The proposed rule includes language giving MMS the ability to reduce the amount required by a bond, to deal with lapses in bonds, and to determine bond forfeiture.

The service fee for a pipeline ROW grant would remain unchanged. The proposed rule addresses pipeline ROW grant assignments. The conditions for when MMS will suspend a ROW grant are spelled out more clearly.

The MMS is proposing to increase the annual rental fees for pipeline ROW grants to reflect the current rates established for new rights-of-use and easement (see 30 CFR 250.160(f) and (g)) and pipeline accessory structures (see 30 CFR 250.1012(b)). The amount established by these regulations are $5.00 per acre per year for sites in water depths less than 200 meters and $7.50 per acre per year for sites in water depths 200 meters or greater. The current rental rate for pipeline ROW grants is $15 per mile. A pipeline ROW grant is 200 feet wide. Therefore, the area of a pipeline ROW grant is 24.24 acres per mile. At $5.00 per acre, the rental rate would be approximately $125 per mile (actually $121.20). Since raising the rental for pipeline ROW grants to $125 per mile from $15 per mile is a major increase, MMS is proposing to raise the rental in two steps. This proposed rule would increase the annual rental for pipeline ROW grants to $70 per mile. MMS will propose the second increase to $125 per mile in a future rulemaking. Although this is a large increase, MMS believes the higher fee is a fair and reasonable amount to pay for access to Federal lands.

The terms and conditions for holding a pipeline ROW grant remain unchanged with respect to the OCS Lands Act provisions requiring ROW pipelines to transport oil and natural gas produced in the vicinity of the pipeline without discrimination, and to provide open access.

The proposed rule (§ 250.1131(j)) would make compliance with Executive Order 11246, regarding non-discrimination in employment, a condition for holding a pipeline ROW grant. Therefore, the requirement (currently § 250.1015(d)) for pipeline ROW grant applicants to include the “Non-discrimination in Employment” form (YN 3341-1) with their applications is eliminated.

This category also covers relinquishing a pipeline ROW grant. It

addresses the application requirements, rental payments, delinquent payments, the effective date of relinquishment, and financial securities. Proposed § 250.1137 covers cancellation, forfeiture, and expiration of pipeline ROW grants. One of the grounds for forfeiture in this proposed rule (§ 250.1137(b)(2)) concerns open and nondiscriminatory access to shippers. The MMS recently published in the Federal Register a proposed rule (72 FR 17047, April 6, 2007) which would establish 30 CFR part 291, Open and Nondiscriminatory Movement of Oil and Gas as Required by the Outer Continental Shelf Lands Act. Part 291 will be referenced in this regulation when it (part 291) becomes final.

The proposed rule covers the obligations of the pipeline ROW holder after a pipeline ROW grant is terminated for any reason. The pipeline ROW holder has 1 year after the grant terminates to decommission the associated ROW pipeline. Current regulations require that the company remove the pipeline. However, the proposed rule allows for ROW pipelines to be decommissioned in place if the RS approves. The proposed rule also provides requirements for re-commissioning of decommissioned pipelines.

Accessories to Right-of-Way (ROW) Pipelines

The proposed rule expands the current subpart J regulations for accessories to ROW pipelines. However, there are very few new requirements. The proposed rule clarifies that accessories to ROW pipelines are subject to the requirements currently contained in 30 CFR 250, subpart H, Oil and Gas Production Safety Systems, and 30 CFR 250, subpart I, Platforms and Structures, just like all other OCS structures. It also clarifies that applications for new accessories are subject to Coastal Zone Management Act consistency requirements. The proposed rule documents the internal MMS process for approving an accessory application.

Appendix

The following appendix will not appear in the Code of Federal Regulations. Appendix A is included in this proposed rule so we may solicit your comments on a proposed new form for use in reporting some of the information required in subpart J.

Appendix A—Department of the Interior—Form MMS 153, “Notification of Pipeline Installation/Relocation/Hydrotest”

BILLING CODE 4310-MR-P

EP03OC07.000

Procedural Matters

Public Availability of Comments

Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

Regulatory Planning and Review (Executive Order (E.O.) 12866)

This proposed rule is not a significant rule as determined by the Office of Management and Budget (OMB), and is not subject to review under E.O. 12866.

(1) The proposed rule would not have an annual effect of $100 million or more on the economy. It would not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. There will be an increase in administrative costs, mainly information submitted to MMS in applications, plans, requests, and reports. MMS estimates that this proposed rule would cost the industry approximately $11.8 million in administrative costs each year. For more detail about these costs, please see the Paperwork Reduction Act section in this preamble. We estimate that the current pipeline regulations cost the industry approximately $7 million in administrative costs each year. Therefore, this proposed rule increases the annual administrative cost to industry by $4.8 million. However, the industry is currently submitting most of the information which would be required by this proposed rule as a condition of approval for a pipeline or pipeline right-of-way, or as requested in the NTLs mentioned earlier in this preamble. In addition, we estimate that this proposed rule will add $10.2 million in one-time costs to industry to comply with the new requirements for pipeline integrity management plans and associated manuals. The increased rental rate for pipeline ROW grants would result in an additional annual cost of $1.2 million to the industry. See the Regulatory Flexibility Act section of this preamble for more information. The MMS estimates that increasing the area-wide pipeline ROW bond from $300,000 to $1,000,000 would result in an additional annual cost of $3.7 million to the industry. This estimate is based on 300 area-wide pipeline ROW bonds in the GOM. The increased amount per bond would be $700,000. The average annual cost per bond in the GOM is 1.75 percent of the bond amount. The average annual increase in pipeline ROW bonding costs would be: 300 × $700,000 × 1.75% = $3,675,000. In summary, there would be an annual increase in costs to the industry of approximately $9.7 million plus a one time cost of $10.2 million. The overall impact would be less than $100 million. Most of the changes in the proposed rule clarify existing requirements or incorporate standard practices. Most operations would continue without many changes. This proposed rule is designed to codify existing practices that MMS and industry have generally followed for many years.

(2) The proposed rule would not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency.

Both DOI and DOT have jurisdiction over OCS oil and natural gas pipelines. These jurisdictional boundaries are defined in the proposed rule.

The DOI and DOT have a MOU dated December 10, 1996. According to the MOU, producer-operated pipelines are generally under DOI jurisdiction and transporter-operated pipelines are generally under DOT jurisdiction. The MOU includes the flexibility to cover situations that do not correspond to the general definition of the jurisdictional boundary as “the point at which operating responsibility transfers from a producing operator to a transporting operator.” The DOI and DOT may, through their enforcement agencies and in consultation with the affected parties, agree to exceptions to this MOU on a facility-by-facility or area-by-area basis. Companies may also petition DOI and DOT for exceptions to this MOU.

(3) The proposed rule would not alter the budgetary effects of entitlements, grants, user fees, or loan programs, or the rights or obligations of their recipients. The proposed rule does not address entitlements, grants, user fees, or loan programs; and therefore, can have no effects on such programs. The proposed rule does increase the rental fees paid for pipeline ROW grants by the pipeline companies.

(4) The proposed rule would not raise novel legal or policy issues. Most of the requirements in the proposed rule represent established MMS and industry practices, and are in accordance with the provisions of the DOT/DOI MOU dated December 10, 1996.

Regulatory Flexibility Act (RFA)

The Department certifies that this proposed rule would not have a significant economic effect on a substantial number of small entities under the RFA (5 U.S.C. 601

et seq.

). A regulatory flexibility analysis is not required.

This proposed rule applies to all lessees, designated lease operators, and pipeline ROW holders operating on the OCS. Lessees/operators are classified under the Small Business Administration's North American Industry Classification System (NAICS) code 211111, Crude Petroleum and Natural Gas Extraction. Under this NAICS code, companies with fewer than 500 employees are considered small businesses. MMS estimates that 130 lessees/operators explore for and produce oil and gas on the OCS. Approximately 70 percent of them (91 companies) fall into the small business category.

A pipeline ROW holder (non-producer) is a small entity if it is a liquid pipeline company with fewer than 1,500 employees, or a natural gas pipeline company with gross annual receipts of $25 million or less. MMS's database indicates that there are 88 pipeline ROW holders who do not own an interest in any oil and gas leases on the OCS. Fifty-seven of these companies are either major energy companies (large oil and gas or pipeline transmission companies), or wholly owned subsidiaries of such companies. Another 13 entities were either formed by partnerships among major producers and transporters, or have “arms-length” contractual relationships with several major producers on the OCS for which they provide transportation services. It is our understanding that in such relationships, one of the major partners usually serves as the “managing partner” of the entity so that the entity (whether a partnership or a corporation) is not actually independent in the usual sense. The remaining 18 entities could be categorized as small independent pipeline companies in the sense that they provide transportation services for several non-major oil or gas producers. These companies are classified by NAICS code 213112, Support Activities for Oil and Gas Operations. Thus, there are 218 companies affected by this proposed rule, of which 109 would be considered small businesses.

The costs of installing, operating, and maintaining pipelines on the OCS are high due to the operating environment, i.e., marine environment, water depth, distance from shore. The costs imposed by this proposed rule are mainly due to recordkeeping and reporting, and are therefore minor in comparison to the overall operation.

The increase in annual rental fees for pipeline ROW grants appears to be substantial, going from $15 per mile to $70 per mile. The MMS initially intended on raising the rental to the same rate as paid by holders of rights-of-use and easement and operators of accessory structures on the OCS ($5.00 per acre per year). Increasing the rental to $5.00 per acre would result in an annual rental rate of approximately $125 per mile. This proposed rule would increase the annual rental for pipeline ROW grants to $70 per mile (

1/2

of the increase). MMS will propose the second increase in a future rulemaking. This acreage is computed based on a pipeline ROW being 200 feet wide. Therefore, the area of a pipeline ROW grant is 24.24 acres per mile. At $5.00 per acre, the rental rate would be approximately $125 per mile (actually $121.20). The MMS estimates that there are currently 20,114 miles of active ROW pipelines in the Gulf of Mexico comprised of 2,512 pipeline segments. Since MMS collects rentals on fractions of a mile for each segment, we added a correction factor to more accurately represent the mileage for which pipeline ROW holders are charged for annual rentals. Assuming the average fraction is 0.5 mile, the additional mileage will be the number of segments times 0.5. Therefore, the total mileage for which MMS collects rental is 20,114 + 1,256 = 21,370. At $15 per mile, the total annual rental comes to $320,550. At $70 per mile, the total annual rental amounts to $1,495,900. However, this approximately $1.2 million annual increase is spread over the total number of pipeline ROW holders, and it is a minor cost when compared to the costs of installing, operating, and maintaining ROW pipelines.

Your comments are important. The Small Business and Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were established to receive comments from small business about Federal agency enforcement actions. The Ombudsman will annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If you wish to comment on the actions of MMS, call 1-888-734-3247. You may comment to the Small Business Administration without fear of retaliation. Disciplinary action for retaliation by an MMS employee may include suspension or termination from employment with the DOI.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

This proposed rule is not a major rule under the SBREFA (5 U.S.C. 804(2)). This proposed rule:

a. Would not have an annual effect on the economy of $100 million or more. The proposed rule deals with OCS pipeline operations. It would ensure that safe and environmentally sound pipeline operations continue. The impacts of this proposed rule would not be economic. This proposed rule would not have a large impact on the costs of OCS pipeline operations, and would not have an impact on oil or natural gas prices. Oil and natural gas prices are driven more by market factors than by the cost of production.

b. Would not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. This proposed rule would not significantly increase the cost of pipeline operations on the OCS since most of the requirements are established practices that industry has followed for years. In general, doing business on the OCS (of any kind) is expensive. Any new costs imposed by this proposed rule would be minor.

The proposed rule would not have a large impact on the costs of OCS pipeline operations, and will not have an impact on oil or natural gas prices. Oil and natural gas prices are driven more by market factors than by the cost of production.

c. Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Leasing on the OCS is limited to residents of the U.S. or companies incorporated in the U.S. This proposed rule would not change that requirement. The proposed rule would not interfere with competition and would not impact employment, investment, or productivity. The proposed rule encourages innovation since it allows for alternative methods of conducting pipeline operations.

Unfunded Mandate Reform Act (UMRA)

This proposed rule would not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The proposed rule would not have a significant or unique effect on State, local or tribal governments, or the private sector. A statement containing the information required by the UMRA (2 U.S.C. 1531

et seq.

) is not required. There are no mandates for State, local, or tribal governments. This proposed rule only impacts pipeline companies on the OCS; it does not affect State or local governments or tribal lands.

Takings Implication Assessment (Executive Order 12630)

The proposed rule is not a governmental action capable of interference with constitutionally protected property rights. Thus, MMS did not need to prepare a Takings Implication Assessment according to E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. The proposed rule revises existing pipeline regulations. It would not prevent any lessee, designated lease operator, or pipeline ROW holder from performing operations on the OCS, as long as they complied with the regulations.

Federalism (Executive Order 13132)

With respect to E.O. 13132, this proposed rule would not have federalism implications. This proposed rule would not substantially and directly affect the relationship between the Federal and State governments. To the extent that State and local governments have a role in OCS activities, this proposed rule would not affect that role.

The OCS is under Federal jurisdiction seaward from the State's jurisdiction. There is no overlap between State and Federal jurisdiction. This proposed rule applies only to areas under Federal jurisdiction. None of the changes in this proposed rule would affect areas that are controlled by the States. It would not change the way that the States and the Federal government interact, or the way that States interact with private companies.

Civil Justice Reform (Executive Order 12988)

With respect to E.O. 12988, the Office of the Solicitor has determined that the proposed rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act (PRA)

This proposed rule contains a collection of information that will be submitted to the Office of Management and Budget (OMB) for review and approval under § 3507(d) of the PRA. The title of the collection of information for this rule is 30 CFR 250, Subpart J Pipelines and Pipeline Rights-of-Way (Proposed Rulemaking) (OMB Control Number 1010-0050, expiration 3/31/09). Respondents primarily are an estimated 130 Federal OCS lessees and

designated lease operators and 88 pipeline ROW holders. Other potential respondents are companies that submit letters of no objection to, or comments on, pipeline applications; certified verification agents (CVAs), independent certification agents (IVAs), or other third-party reviewers; and surety or other third-party guarantors. The frequency of response varies depending upon the requirement. Responses to this collection of information are mandatory or required to obtain or retain a benefit. MMS will protect proprietary information according to the Freedom of Information Act and 30 CFR 250.197, “Data and information to be made available to the public or for limited inspection.”

As discussed earlier in the preamble, the proposed rule is a complete revision of the current pipelines and pipeline rights-of-way regulations at 30 CFR 250, subpart J. It incorporates guidance from several NTLs and one LTL that respondents currently follow, and would codify various conditions that MMS imposes when approving pipeline applications to ensure that pipelines are installed and operated in a safe and environmentally sound manner. The OMB approved the information collection burden of the current 30 CFR 250, subpart J regulations under control number 1010-0050 (107,874 burden hours; and $2,369,400 non-hour burden cost service fees). When the final revised subpart J regulations take effect, the information collection burden approved for this rulemaking will replace the collection under 1010-0050 in its entirety.

A table at § 250.198 lists all of the 30 CFR 250 incorporated documents. That table would be revised to include the new 30 CFR 250, subpart J, incorporated documents added or updated under this proposed regulation. There are also several proposed changes to 30 CFR parts 253 and 254. However, these proposed changes do not affect the currently approved information collection burden of 30 CFR 250, subpart A (OMB Control Number 1010-0114) or 30 CFR parts 253 and 254 (OMB Control Numbers 1010-0106 and 1010-0091, respectively).

The current regulations on pipeline decommissioning and associated information collection are located in 30 CFR 250, subpart Q. The rule proposes to relocate the pipeline decommissioning requirements into the revised 30 CFR 250, subpart J regulations. The OMB approved the information collection burden of the current subpart Q regulations under control number 1010-0142. When the new 30 CFR 250, subpart J final regulations take effect, the pertinent 30 CFR 250, subpart Q pipeline decommissioning paperwork burden (3,000 burden hours) and their associated non-hour cost fees ($417,000) will be removed from the 1010-0142 collection of information.

There is a new paragraph (g) proposed for 30 CFR 256.62 which does impose a new information collection requirement. The paperwork burden for this proposed regulation is included in the submission to OMB for approval of the proposed 30 CFR 250 subpart J information collection. When this regulation becomes final, the 30 CFR 256 paperwork burden would be removed from this collection of information and consolidated with the information collection burden for 30 CFR 256 under OMB Control Number 1010-0006.

The following table provides a breakdown of the paperwork burden and fee estimates for this proposed rulemaking. For the current requirements retained in the proposed rule, we used the approved estimated hour burdens and the average number of annual responses where discernable. However, due to the vastly different structure of the proposed rule from current regulations, some adjustments (−4,874 hours) occurred. The proposed rule eliminates four currently approved information collection requirements in current regulations at §§ 250.1000(c)(2), (4), (8); and 250.1016 for a minimal burden reduction (−9 hours). However, there are several new requirements in the proposed rule as follows:

• Most are procedures and practices that are currently being followed by respondents. However, their hour burdens are not identifiable in the OMB approval of current information collection estimates, and are therefore considered “new” information collection burdens (+67,293 hours).

• Although a new Form MMS-153 is proposed for notifying MMS of pipeline installations or relocations and hydrostatic pressure tests, it should be noted that the information reported on the form is not a new burden (0 hours).

• A proposed new section, Pipeline Risers Connected to Floating Platforms (§§ 250.1053-1056) would add new burden requirements (+8,100 hours).

• When the rule takes effect, proposed § 250.1079 will require an initial one-time burden (+141,700 hours) on current respondents to develop the operating procedures. In future years, this burden will be drastically reduced as only new respondents will have to develop their initial operating procedures. There will be a substantially lower ongoing burden to maintain and update the procedures annually (+15,260 hours).

• Current subpart J regulations have 107,874 hours approved by OMB. This revision to the collection requests a total of 337,884 hours which is a burden hour net increase of 230,010 hours. The fee is unchanged.

EP03OC07.001

EP03OC07.002

EP03OC07.003

EP03OC07.004

EP03OC07.005

EP03OC07.006

EP03OC07.007

EP03OC07.008

EP03OC07.009

As part of our continuing effort to reduce paperwork and respondent burdens, MMS invites the public and other Federal agencies to comment on any aspect of the reporting and recordkeeping burden. You may submit

your comments directly to the Office of Information and Regulatory Affairs, OMB. You should provide MMS with a copy of your comments so that we can summarize all written comments and address them in the final rule preamble. Refer to the

ADDRESSEES

section for instructions on submitting comments. You may obtain a copy of our submission to OMB to revise and extend the OMB approval for 1010-0050 by contacting the Bureau's Information Collection Clearance Officer at (202) 208-7744.

The PRA provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves this collection of information and assigns an OMB control number and the regulations become final, you are not required to respond. OMB is required to make a decision concerning the collection of information of this proposed regulation between 30 to 60 days after publication of this document in the

Federal Register

. Therefore, a comment to OMB is best assured of having its full effect if OMB receives it by November 2, 2007. This does not affect the deadline for the public to comment to MMS on the proposed regulations.

MMS specifically solicits comments on the following questions:

(a) Is the collection of information necessary for MMS to properly perform its functions, and will it be useful?

(b) Are the estimates of the burden hours of the collection reasonable?

(c) Do you have any suggestions that would enhance the quality, clarity, or usefulness of the information to be collected?

(d) Is there a way to minimize the information collection burden on those who are to respond, including the use of appropriate automated electronic, mechanical, or other forms of information technology?

In addition, the PRA requires agencies to estimate the total annual reporting and recordkeeping “non-hour cost” burden resulting from the collection of information. Other than the cost recovery fees listed in the table above, we have not identified any other costs, and we solicit your comments on this item. For reporting and recordkeeping only, your response should split the cost estimate into two components: (a) Total capital and start-up cost component, and (b) annual operation, maintenance, and purchase of services component. Your estimates should consider the costs to generate, maintain, and disclose or provide the information. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s), and the period over which you incur costs. Generally, your estimates should not include equipment or services purchased:

(1) Before October 1, 1995;

(2) To comply with requirements not associated with the information collection;

(3) For reasons other than to provide information or keep records for the Government; or

(4) As part of customary and usual business or private practices.

National Environmental Policy Act (NEPA) of 1969

The MMS has determined that this proposed rule is categorically excluded under 516 Department Manual Chapter 2, Appendix 1, 1.10, which covers “Policies, directives, regulations, and guidelines that are of an administrative, financial, legal, technical, or procedural nature and whose environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis and will later be subject to the NEPA process, either collectively or case-by-case.

This proposed rule would revise MMS's regulations at 30 CFR parts 250, 253, 254, and 256 and brings them up-to-date with current industry practices and technology. It also incorporates several conditions of approval for pipelines, plus guidance from various Notices to Lessees and Operators and one Letter to Lessees and Operators into one set of comprehensive pipeline regulations. The proposed regulations also have been written in plain language.

The changes to be implemented by this proposed rule are administrative, technical, and procedural in nature. The environmental effects of the proposed changes are either indirect (e.g., revised monitoring and reporting requirements), or too broad and speculative to lend themselves to a meaningful NEPA analysis. Individual pipelines and pipeline rights-of-way approved and regulated under this proposed rule will be subjected to the NEPA process. In addition, this proposed rule does not involve extraordinary circumstances as outlined in 516 DM 2, Appendix 2 that would trigger further NEPA analysis.

Energy Supply, Distribution, or Use (Executive Order 13211)

Executive Order 13211 requires the agency to prepare a Statement of Energy Effects when it takes a regulatory action that is identified as a significant energy action. This proposed rule is not a significant energy action, and therefore would not require a Statement of Energy Effects, because it:

a. Is not a significant regulatory action under E.O. 12866,

b. Is not likely to have a significant adverse effect on the supply, distribution, or use of energy, and

c. Has not been designated by the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, as a significant energy action.

Consultation With Indian Tribes (Executive Order 13175)

Under the criteria in E.O. 13175, we have evaluated this proposed rule and determined that it has no potential effects on federally recognized Indian tribes. There are no Indian or tribal lands on the OCS.

Clarity of This Regulation

Executive Order 12866 requires each agency to write regulations that are easy to understand. MMS invites your comments on how to make this proposed rule easier to understand, including answers to questions such as the following:

(1) Are the requirements in the proposed rule clearly stated?

(2) Does the proposed rule contain technical language or jargon that interferes with its clarity?

(3) Does the format of the proposed rule (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce its clarity?

(4) Would the proposed rule be easier to understand if it were divided into more (but shorter) sections?

(5) Is the description of the proposed rule in the

SUPPLEMENTARY INFORMATION

section of this preamble helpful in understanding the rule? What else can we do to make the rule easier to understand?

Send a copy of any comments that concern how we could make this rule easier to understand to: Office of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You may also e-mail the comments to this address:

Exsec@ios.doi.gov

.

List of Subjects

30 CFR Part 250

Administrative practice and procedure, Continental shelf, Environmental impact statements, Environmental protection, Pipelines, Public lands—mineral resources, Public lands—rights-of-way, Reporting and recordkeeping requirements, Sulphur.

30 CFR Part 253

Continental shelf, Environmental protection, Intergovernmental relations, Oil pollution, Pipelines, Public lands—mineral resources, Reporting and recordkeeping requirements.

30 CFR Part 254

Continental shelf, Intergovernmental relations, Oil pollution, Pipelines, Public lands—mineral resources, Reporting and recordkeeping requirements.

30 CFR Part 256

Administrative practice and procedure, Continental shelf, Environmental protection, Intergovernmental relations, Public lands—mineral resources, Public lands—rights-of-way, Reporting and recordkeeping requirements, Surety bonds.

Dated: August 3, 2007.

C. Stephen Allred,

Assistant Secretary—Land and Minerals Management.

For the reasons stated in the preamble, Minerals Management Service (MMS) proposes to amend 30 CFR parts 250, 253, 254, and 256 as follows:

PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF

1. The authority citation for part 250 continues to read as follows:

Authority:

43 U.S.C. 1331

et seq.

, 31 U.S.C. 9701.

2. Amend § 250.105 as follows:

A. Remove the definitions of “Lease term pipelines,” “Pipelines,” and “Right-of-way pipelines.”

B. Amend the definition of the term “Affected State” by removing the word “or” at the end of paragraph (4), removing the period at the end of paragraph (5) and adding a semicolon in its place, and adding new paragraphs (6) and (7).

C. Add the definitions of “Chemosynthetic communities,” “Lease term pipeline,” “Pipeline,” “Pipeline right-of-way (ROW),” “Pipeline ROW holder,” and “ROW pipeline” in alphabetical order.

The additions read as follows:

§ 250.105

Definitions.

Affected State

* * *

(6) Which is directly adjacent to the proposed route of a ROW pipeline; or

(7) Which contains the onshore base you will use to provide supply and service support for ROW pipeline operations.

Chemosynthetic communities

means assemblages of tubeworms, clams, mussels, bacterial mats, and a variety of associated organisms that obtain their energy from the oxidation of various organic compounds rather than from light (photosynthesis) and the sun-dependent photosynthetic food chain that supports all other life on earth.

Lease term pipeline

means a pipeline that is applied for by a lessee or designated lease operator, and that is completely contained within the boundaries of a single lease, unitized leases, or contiguous (not cornering) leases held by that lessee or operated by that designated lease operator.

Pipeline

means the horizontal components, risers, and appurtenances installed for transporting oil, gas, sulphur, and produced water. Piping confined to a production platform or structure, commonly referred to as a flowline, is regulated under subpart H of this part, Oil and Gas Production Safety Systems, and is excluded from this subpart.

Pipeline right-of-way (ROW)

means an authorization issued by MMS under the authority of section 5(e) of the OCSLA (43 U.S.C. 1334(e)) and section 8 of the OCSLA (43 U.S.C. 1337(p)(1)(B)) that allows for the construction and use of an associated ROW pipeline for the purpose of transporting oil, natural gas, or sulphur. The term also means the area covered by that authorization.

Pipeline ROW holder

means a person, association, or corporation that has been granted a pipeline ROW on the OCS by MMS under the authority of section 5(e) of the OCSLA (43 U.S.C 1334(e)) and section 8 of the OCSLA (43 U.S.C. 1337(p)(1)(b)).

ROW pipeline

means a pipeline that is within:

(1) An unleased OCS block(s), or which crosses any portion of an unleased OCS block;

(2) An OCS lease or unit, or which crosses any portion of an OCS lease or unit, and the applicant is not a lessee or the designated lease operator of that lease, or the unit operator of that unit.

3. Amend § 250.125(a) as follows:

A. Remove the paragraphs (a)(20) through (a)(26);

B. Remove paragraphs (a)(35) and (a)(36);

C. Redesignate paragraphs (a)(27) through (a)(34) as paragraphs (a)(29) through (a)(36), respectively; and

D. Add paragraphs (a)(20) through (a)(28) as set forth below.

§ 250.125

Service fees.

(a) * * *

Service—processing of the following:

Fee amount

30 CFR citation

*         *         *         *         *         *         *

(20) New Pipeline Application (Lease Term Pipeline)

$3,100

§ 250.1014(g).

(21) Pipeline Application-Modification (Lease Term Pipeline)

$1,800

§ 250.1093(b)(7).

(22) Pipeline Application-Modification (ROW Pipeline) (includes the application to modify the associated Pipeline ROW Grant, if applicable)

$3,650

§ 250.1093(b)(7);

§ 250.1132(a).

(23) Pipeline Repair Application

$340

§ 250.1095(a)(9).

(24) Application to Decommission a Pipeline (Lease Term Pipeline)

$1,000

§ 250.1109(a)(1)(vii);

§ 250.1109(a)(2)(xii).

(25) Application for a New Pipeline ROW Grant (includes the application for the associated ROW pipeline and any application to install or establish an associated accessory)

$2,350

§ 250.1125(b);

§ 250.1126(h).

(26) Application for a Pipeline ROW Grant (to convert a Lease Term Pipeline to an ROW Pipeline)

$200

§ 250.1125(b);

§ 250.1126(h).

(27) Request to Assign a Pipeline ROW Grant

$170

§ 250.1134(a)(5).

(28) Application to Relinquish a Pipeline ROW Grant (includes the decommissioning application for the associated ROW pipeline and any application to decommission an associated accessory)

$1,900

§ 250.1136(a)(6).

*         *         *         *         *         *         *

4. Amend § 250.198 as follows:

A. Redesignate paragraph (d)(7) as paragraph (a)(8) and add new paragraph (d)(7);

B. In the table in paragraph (e), add entries in alphanumerical order for the following new documents incorporated by reference: API RP 1111 and DNV RP B401; and

C. In the table in paragraph (e), revise the entries for the following documents incorporated by reference: ANSI/ASME B16.5, ANSI/ASME B31.8, API RP 2A-WSD, API RP 2RD, API RP 14C, API RP 500, API RP 505, API Spec 6A, API Spec 6D/ISO 14313, API Spec 17J, and NACE MR0175.

The additions and revisions read as follows:

§ 250.198

Documents incorporated by reference.

(d) * * *

For

Write to

*    *    *    *    *

(7) DNV Recommended Practice

Det Norske Veritas, 16340 Park Ten Place, Houston, TX 77084.

*    *    *    *    *

(e) * * *

Title of documents

Incorporated by reference at

*         *         *         *         *         *         *

ANSI/ASME B16.5-2003 (including Errata) and B16.5a-2003 Addenda, Pipe Flanges and Flanged Fittings

§ 250.1034(b)(1).

ANSI/ASME B31.8-2003, Gas Transmission and Distribution Piping Systems

§ 250.1033(a).

*         *         *         *         *         *         *

API RP 2A-WSD, Recommended Practice for Planning, Designing and Constructing Fixed Offshore Platforms-Working Stress Design; Twenty-first Edition, December 2002; Errata and Supplement 1, December 2002; Errata and Supplement 2, October 2005; API Stock No. G2AWSD

§ 250.901(a)(4);

§ 250.908(a);

§ 250.920(a), (b), (c), (e);

§ 250.1033(k);

§ 250.1141(a)(1)(ii), (iii);

§ 250.1146(d).

*         *         *         *         *         *         *

API RP 2RD, Design of Risers for Floating Production Systems (FPSs) and Tension-Leg Platforms (TLPs), First Edition, June 1998, API Stock No. G02RD1

§ 250.800(b);

§ 250.901(a)(6);

§ 250.1033(d).

*         *         *         *         *         *         *

API RP 14C, Recommended Practice for Analysis, Design, Installation, and Testing of Basic Surface Safety Systems for Offshore Production Platforms, Seventh Edition, March 2001, API Stock No. G14C07

§ 250.802(b), (e)(2);

§ 250.803(a), (b)(2)(i), (b)(4), (b)(5)(i), (b)(7), (b)(9)(v), (c)(2);

§ 250.804(a), (a)(6);

§ 250.1068(a)(1);

§ 250.1080(c);

§ 250.1084(a)(1), (b)(1), (c)(1), (d)(1), (d)(2), (e)(1);

§ 250.1628(c), (d)(2);

§ 250.1629(b)(2), (b)(4)(v);

§ 250.1630(a).

*         *         *         *         *         *         *

API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities, Classified as Class I, Division 1 and Division 2, Second Edition, November 1997, reaffirmed November 2002, API Stock No. C50002

§ 250.114(a);

§ 250.459;

§ 250.802(e)(4)(i);

§ 250.803(b)(9)(i);

§ 250.1064(b)(2);

§ 250.1065(b)(2);

§ 250.1066(b)(2);

§ 250.1628(b)(3), (d)(4)(i);

§ 250.1629(b)(4)(i).

API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities, Classified as Class I, Zone 0, Zone 1, and Zone 2, First Edition, November 1997, reaffirmed November 2002, API Stock No. C50501

§ 250.114(a);

§ 250.459;

§ 250.802(e)(4)(i);

§ 250.803(b)(9)(i);

§ 250.1064(b)(2);

§ 250.1065(b)(2);

§ 250.1066(b)(2);

§ 250.1628(b)(3), (d)(4)(i);

§ 250.1629(b)(4)(i).

API RP 1111, Design, Construction, Operation, and Maintenance of Offshore Hydrocarbon Pipelines (Limit State Design), Third Edition, July 1999, Sections 4.1.6.2, 4.3.1, 4.3.1.1, 4.3.1.2, 4.3.2.1, 4.3.2.2, and 4.5.4 only, API Stock No. D11113

§ 250.1033(a), (b), (c).

*         *         *         *         *         *         *

API Spec 6A, Specification for Wellhead and Christmas Tree Equipment, Nineteenth Edition, July 2004, API Stock No. GX06A19

§ 250.806(a)(3);

§ 250.1034(a), (b)(1).

*         *         *         *         *         *         *

API Spec 6D/ISO 14313, Specification for Pipeline Valves, Twenty-second Edition, January 2002, effective date July 1, 2002, API Stock No. G0X6D22

§ 250.1034(a).

*         *         *         *         *         *         *

API Spec 17J, Specification for Unbonded Flexible Pipe, Second Edition, November 1999, effective date July 1, 2000, API Stock No. G17J02

§ 250.803(b)(2)(iii);

§ 250.1015(c)(5);

§ 250.1016(b)(5);

§ 250.1033(e).

*         *         *         *         *         *         *

DNV RP B401, Recommended Practice for Cathodic Protection Design, 1993, Table 6.9.1 only

§ 250.1034(d)(2).

*         *         *         *         *         *         *

NACE Standard MR0175, Metals for Sulfide Stress Cracking and Stress Corrosion Cracking Resistance in Sour Oilfield Environments, January 17, 2003, NACE Item No. 21302

§ 250.490(p)(2);

§ 250.901(a)(19);

§ 250.1035.

*         *         *         *         *         *         *

5. In § 250.199, revise paragraph (e)(9) to read as follows:

§ 250.199

Paperwork Reduction Act statements—information collection.

(e) * * *

*         *         *         *         *         *         *

(9) Subpart J, Pipelines and Pipeline Rights-of-Way (1010-0050), including Forms MMS-153, Notification of Pipeline Installation/Relocation/Hydrotest; MMS-2030, OCS Pipeline Right-of-Way Grant Bond; MMS-149, Assignment of Federal OCS Pipeline Right-of-Way Grant

To provide MMS with information regarding the design, installation, and operation of pipelines on the OCS. To ensure that pipeline operations are safe and protect the human, marine, and coastal environment.

*         *         *         *         *         *         *

§§ 250.1100-1107

[REDESIGNATED]

6. Redesignate §§ 250.1100-1107 as §§ 250.1150-1157.

7. Revise subpart J to read as follows.

Subpart J—Pipelines and Pipeline Rights-of-Way

General

250.1000

Definitions.

250.1001

What general performance and recordkeeping requirements apply to OCS pipelines?

250.1002

What are the types of OCS pipelines?

250.1003

Which departments have jurisdiction over OCS pipelines?

250.1004

What are the criteria for determining jurisdiction?

250.1005

What are the requirements regarding jurisdiction transfer points?

250.1006

When must I submit the applications, requests, plans and reports, and make the notifications required by this subpart?

Applications for New Pipelines

250.1007

How do I apply for approval of a new pipeline?

250.1008

Where must I send copies of my pipeline application?

250.1009

How does MMS process a pipeline application?

250.1010

What conditions must my pipeline application meet?

250.1011

What can I do if an affected State objects to my pipeline ROW application?

250.1012

How will the Regional Supervisor notify me of the decision on my pipeline application?

250.1013

When may the Secretary cancel approval of a pipeline application?

Pipeline Application Contents

250.1014

General information.

250.1015

Other general information.

250.1016

Information regarding other agencies and entities.

250.1017

Location information.

250.1018

Origination and termination information.

250.1019

Horizontal component and appurtenances information.

250.1020

Schematic flow diagram.

250.1021

Shallow hazards information.

250.1022

Construction information.

250.1023

Onshore support base, terminal, support vessels, and aircraft information.

250.1024

Operation information.

250.1025

Service and products information.

250.1026

Biological and archaeological information.

250.1027

Requests for alternative compliance or departure.

250.1028

Oil and hazardous substance spill response information.

250.1029

Oil Spill Financial Responsibility (OSFR) demonstration information.

250.1030

Environmental Impact Analysis (EIA) information.

Pipeline Design

250.1031

What are the general requirements for designing a pipeline?

250.1032

What must I do to avoid or mitigate hazards?

250.1033

What are the design requirements for horizontal components and risers?

250.1034

What are the design requirements for appurtenances?

250.1035

What are the design requirements for sewer service?

250.1036

When must I sectionalize a pipeline?

Pipeline Fabrication

250.1038

What are the general requirements for fabricating a pipeline?

Pipeline Construction

250.1040

What are the general requirements for constructing a pipeline?

250.1041

Who must I notify before I begin construction?

250.1042

What must I do to avoid or mitigate hazards during construction?

250.1043

What must I do to install a hot tap?

250.1044

What must I do to protect a horizontal component?

250.1045

What must I do to protect a riser?

250.1046

What must I do to protect an appurtenance and crossing?

250.1047

What must I do to construct a pipeline in or near a designated use area?

250.1048

What must I do to construct a pipeline in or near a sensitive biological feature or area?

250.1049

What must I do to construct a pipeline in or near an archaeological resource?

250.1050

When must I prepare and implement an H

2

S contingency plan for construction?

250.1051

What information must I submit after construction is completed?

Pipeline Risers Connected to Floating Platforms

250.1052

What are the requirements for pipeline risers connected to floating platforms?

250.1053

What are the requirements for pipeline riser verification plans?

250.1054

What must the CVA do to verify pipeline riser design?

250.1055

What must the CVA do to verify pipeline riser fabrication?

250.1056

What must the CVA do to verify pipeline riser installation?

Pipeline Pressure Testing

250.1057

What are the general requirements for pressure testing a pipeline?

250.1058

What are the requirements for conducting a hydrostatic pressure test for a pipeline?

250.1059

What are the requirements for leak testing a pipeline?

250.1060

When must I perform a pressure test on a pipeline?

250.1061

What information must I include in a pressure test report?

Pipeline Safety Equipment

250.1062

What are the general requirements for pipeline safety equipment?

250.1063

What are the safety equipment requirements for a departing pipeline?

250.1064

What are the safety equipment requirements for an incoming pipeline?

250.1065

What are the safety equipment requirements for a crossing pipeline?

250.1066

What are the safety equipment requirements for a bi-directional pipeline?

250.1067

When must I provide redundant safety equipment?

250.1068

What are the safety equipment requirements for a pipeline pump?

250.1069

What must I do if safety equipment fails to operate as intended?

Pipeline Leak Detection

250.1071

When do I need to use a leak detection system?

Pipeline Internal Corrosion Control and Flow Assurance

250.1074

What are the general requirements for internal corrosion control?

250.1075

What are the general requirements for flow assurance?

Pipeline Operations and Maintenance

250.1078

What are the general requirements for operating and maintaining a pipeline?

250.1079

What written procedures must I establish before I operate an OCS pipeline?

250.1080

When must I mark the MMS-assigned pipeline segment number on a pipeline?

250.1081

How do I determine the MAOP of a pipeline?

250.1082

What must I do if the pipeline transports H

2

S?

250.1083

What are the requirements for conducting remote operations during a platform evacuation?

250.1084

What are the requirements for testing pipeline safety equipment?

250.1085

What must I do when safety equipment is removed from service?

250.1086

What must I do when a pipeline is taken out of service?

250.1087

What must I do if a pipeline is shut in?

250.1088

What must I do if a pipeline leaks?

250.1089

What must I do if I need to flare or vent gas from a pipeline?

250.1090

When must I provide impact protection for existing risers?

250.1091

When will MMS suspend or temporarily prohibit pipeline operations?

Pipeline Modifications and Repairs

250.1093

What must I do to modify an approved pipeline?

250.1094

What are the general requirements for repairing a pipeline?

250.1095

What must I do to commence and complete a repair?

250.1096

What must I do to repair a pipeline using a clamp?

250.1097

When do I need to submit a corrective action plan and report?

Pipeline Surveying, Monitoring, and Inspection

250.1100

What are the general requirements for surveying, monitoring, and inspecting a pipeline?

250.1101

What must I do to survey and monitor a pipeline or route?

250.1102

What inspections are required for my pipeline or route?

250.1103

What additional inspections or surveys may the Regional Supervisor require?

Pipeline Decommissioning

250.1105

When do I accrue pipeline decommissioning obligations?

250.1106

When must I decommission a pipeline?

250.1107

What must I do to decommission a pipeline in place?

250.1108

What must I do to decommission a pipeline by removal?

250.1109

How do I obtain approval to decommission a pipeline?

250.1110

How does MMS process a decommissioning application?

250.1111

After I decommission a pipeline, what information must I submit?

250.1112

When must I remove a pipeline decommissioned in place?

250.1113

What are the requirements for re-commissioning a decommissioned pipeline?

Pipeline Right-of-Way (ROW) Grants

250.1115

What is a pipeline ROW grant?

250.1116

When must I obtain a pipeline ROW grant?

250.1117

Who can be a pipeline ROW grant holder?

250.1118

What are the financial security requirements for holding a pipeline ROW grant?

250.1119

When will MMS terminate the period of liability of my financial security?

250.1120

When will MMS cancel my financial security?

250.1121

What happens if my financial security is reduced or lapses?

250.1122

How will MMS determine that my financial security is forfeited?

250.1123

What penalties can MMS assess if my financial security is not sufficient, is reduced or lapses, or is forfeited?

250.1124

What happens to my financial security after a pipeline ROW grant terminates?

250.1125

How do I submit an application for a pipeline ROW grant?

250.1126

What information must I include in an application for a pipeline ROW grant?

250.1127

How does MMS process an application for a pipeline ROW grant?

250.1128

When will MMS temporarily suspend or prohibit construction of an ROW pipeline?

250.1129

What must I do if the as-built location of the associated ROW pipeline deviates from the approved pipeline ROW grant?

250.1130

What rental fees and payment schedules apply to a pipeline ROW grant?

250.1131

What are the terms and conditions for holding a pipeline ROW grant?

250.1132

How do I modify a pipeline ROW grant?

250.1133

How does temporary cessation and cessation of pipeline operations affect a pipeline ROW grant?

250.1134

How do I assign a pipeline ROW grant?

250.1135

When may MMS suspend a pipeline ROW grant?

250.1136

How do I relinquish a pipeline ROW grant?

250.1137

When will a pipeline ROW grant be cancelled, be forfeited, or expire?

250.1138

What must I do after a pipeline ROW grant terminates?

Accessories to Right-of-Way (ROW) Pipelines

250.1140

What are the requirements for an accessory to an ROW pipeline?

250.1141

How do I obtain approval to install, operate, and maintain an accessory?

250.1142

How does MMS process an accessory application?

250.1143

Who do I need to notify before I install an accessory?

250.1144

What information must I submit after an accessory is installed?

250.1145

What accessory inspections must I conduct?

250.1146

What must I do to modify an accessory?

250.1147

When must I decommission an accessory?

Subpart J—Pipelines and Pipeline Rights-of-Way

General

§ 250.1000

Definitions

Terms used in this subpart have the following meanings:

Accessory

means a platform, a major subsea manifold, or similar subsea structures attached to a ROW pipeline to support pump stations, compressors, manifolds, etc. The site used for an accessory is part of the pipeline ROW grant.

Appurtenance

means equipment, device, apparatus, or other object attached to or associated with a horizontal component or riser. Examples include anodes, valves, flanges, fittings, umbilicals, vortex-induced vibration (VIV) devices, subsea manifolds, templates, pipeline end modules (PLEM's), pipeline end terminals (PLET's), anode sleds, other sleds, and jumpers (other than jumpers connecting subsea wells to manifolds).

Failure

, when applied to a pipeline or safety system, means any condition of the pipeline or a safety system component that prevents the complete performance of its design and function.

Horizontal component

means a horizontal pipe that connects a pipeline riser, subsea wellhead or template, or pipeline to a pipeline riser, subsea wellhead or template, or pipeline (synonymous with the term “linepipe”).

Leak

means the release of product from a pipeline.

Live bottoms (low relief features)

means sea grass communities; areas that contain biological assemblages consisting of sessile invertebrates and/or algae living upon and attached to naturally occurring hard or rocky formations with rough, broken, or smooth topography; and areas where a hard substrate and vertical relief may favor the accumulation of turtles, fishes, or other fauna. These features occur throughout the POCSR, in the Eastern Planning Area of the Gulf of Mexico, and in the Beaufort Sea in Alaska.

Live bottoms (pinnacle trend features or seamounts)

means small, isolated, low to moderate relief carbonate reef features; outcrops of unknown origin; or hard substrates exposed by erosion that provide surface area for the growth of sessile invertebrates and/or algae, and attract large numbers of fish. These features occur in an area of topographic relief throughout the POCSR and AKOCSR, and in the northeastern portion of the western GOMR. In the POCSR and AKOCSR, these features include rocky reefs, rock outcrops, pinnacles or seamounts. In the GOMR, these features include pinnacle trend features.

Maximum allowable operating pressure (MAOP)

means the highest operating pressure allowable at any point in a pipeline.

Military warning or water test area

means an area on the OCS that is used by the U.S. Department of Defense for conducting various mission operations, including air-to-air gunnery, rocket and missile research and testing, sonar buoy operations, pilot training, and aircraft carrier operations.

New or unusual technology

means equipment or procedures that have:

(1) Not been used previously or extensively in an MMS OCS Region;

(2) Not been used previously under the anticipated operating conditions; or

(3) Operating characteristics that are outside the performance parameters established by this subpart.

Potentially sensitive biological features

means those features not protected by an MMS biological lease stipulation that are of moderate to high relief (about 8 feet or higher), provide surface area for the growth of sessile invertebrates, and attract large numbers of fish. These features would be located outside any “No Activity Zone” of any of the named topographic features and would not be located on any live-bottom (pinnacle trend) stipulated blocks.

Production platform

means a platform on the OCS that receives hydrocarbon or sulphur production either directly from wells or from other platforms that produce hydrocarbons or sulphur from wells. It may include processing equipment for treating the production or separating it into its various liquid and gaseous components.

Riser

means a vertical conducting pipe that connects a horizontal component of a pipeline to equipment on a platform.

Splash zone

means that portion of a pipeline riser that is located between 20 feet above the maximum tide and 20 feet below the minimum tide.

Topographic features

means identified isolated areas of moderate to high relief that provide habitat for hard-bottom communities and numerous plant and animal species, and support, either as shelter or food, large numbers of commercially and recreationally important fishes.

§ 250.1001

What general performance and recordkeeping requirements apply to OCS pipelines?

(a)

Performance.

You must design, construct, operate, maintain, inspect, and decommission all OCS pipelines, appurtenances, accessories, and safety system components in a manner that:

(1) Conforms to the OCSLA (43 U.S.C. 1331,

et seq.

), as amended, applicable implementing regulations, other applicable laws, approved applications, approved Development Operations Coordination Documents (DOCD) and Development and Production Plans (DPP), and lease provisions and stipulations;

(2) Is safe;

(3) Prevents unauthorized discharges;

(4) Does not unreasonably interfere with other uses of the OCS, including those involved with national security or defense; and

(5) Does not cause undue or serious harm or damage to the human, marine, or coastal environment.

(b)

Records.

You must retain all records related to the design, construction, operation, maintenance, testing, inspections, repairs, failures, and decommissioning of an OCS pipeline for as long as the pipeline remains in place, unless otherwise specified by the Regional Supervisor or in these regulations, and make them available to MMS upon request.

§ 250.1002

What are the types of OCS pipelines?

An OCS pipeline is either a lease term pipeline or an ROW pipeline.

§ 250.1003

Which departments have jurisdiction over OCS pipelines?

An OCS pipeline is under the jurisdiction of either the Department of the Interior (DOI) or the Department of Transportation (DOT).

§ 250.1004

What are the criteria for determining jurisdiction?

(a)

DOI jurisdiction criteria.

An OCS pipeline is under DOI jurisdiction if it is:

(1) A lease term pipeline that is not subject to regulation under 49 CFR, parts 192 and 195, and does not cross into State waters; or

(2) An ROW pipeline that is operated by an identified pipeline operator (the person or entity identified by the pipeline ROW holder as authorized to control or manage the pipeline's operations), and that is either:

(i) A producing pipeline operator (the identified pipeline operator of an ROW pipeline that is a lessee or designated lease operator of one or more OCS leases), unless it is subject to regulation under 49 CFR, parts 192 and 195, and crosses into State waters; or

(ii) A transporting pipeline operator (the identified pipeline operator of an ROW pipeline that is not a lessee or a designated lease operator of an OCS lease), and the pipeline is not subject to regulation under 49 CFR, parts 192 and 195.

(b)

DOT jurisdiction criteria.

An OCS pipeline that is not under DOI jurisdiction (see paragraph (a) of this section) is under DOT jurisdiction.

(c)

Jurisdiction transfer.

You may request that a pipeline under DOI jurisdiction be transferred to DOT jurisdiction, or that a pipeline under DOT jurisdiction be transferred to DOI jurisdiction, by submitting a written petition for approval to the Regional Supervisor and the DOT Office of Pipeline Safety (OPS) Regional Director. In the petition, you must provide sufficient justification for the transfer. The Regional Supervisor and the DOT OPS Regional Director will decide jointly whether to approve the petition.

§ 250.1005

What are the requirements regarding jurisdiction transfer points?

(a)

Jurisdiction transfer point.

For each applicable pipeline, you must meet the requirements of this paragraph (a).

(1) You must identify the specific point at which regulatory jurisdiction transfers from DOI to DOT, or from DOT to DOI, by:

(i) Durably marking an above-water jurisdiction transfer point or, if that is not practical, identifying the transfer point on a schematic; or

(ii) Identifying an underwater jurisdiction transfer point on a schematic.

(2) You must keep the schematics referenced in paragraph (a)(1) of this section at the nearest OCS facility and make them available to MMS upon request.

(b)

Jurisdiction transfer point disagreement.

If the lessee(s), designated lease operator(s), or pipeline ROW holder(s) of connecting pipelines cannot agree upon a transfer point, the Regional Supervisor and the DOT OPS Regional Director will jointly determine the jurisdiction transfer point.

§ 250.1006

When must I submit the applications, requests, plans and reports, and make the notifications required by this subpart?

(a)

Applications and requests.

For all OCS pipelines you must submit applications to MMS, and receive approvals, according to the following table:

Application or request

Required by

When to submit

Total number of copies

(1) Transfer jurisdiction

§ 250.1004(c)

Before jurisdiction can be transferred from DOI to DOT, or from DOT to DOI

1 to MMS.

1 to OPS.

(2) New pipeline

§ 250.1007(a)

Before you install, maintain, or operate a new pipeline

3

(3) Modify a pipeline

§ 250.1093(a), (b)

Before you conduct operations to modify a pipeline

3

(4) Repair a pipeline

§ 250.1095(a)

Before you conduct any repair work on a pipeline

1

(5) Decommission a pipeline in place

§ 250.1109(a)(1)

Before you conduct operations to decommission a pipeline in place

3

(6) Decommission a pipeline by removal

§ 250.1109(a)(2)

Before you conduct operations to decommission a pipeline by removal

3

(7) Re-commission a decommissioned pipeline

§ 250.1113(a)(1)

Before you re-commission a decommissioned pipeline

1

(8) Accessory

§ 250.1141(a)

Before you install, operate, and maintain an accessory to an ROW pipeline

3

(9) Modify an accessory

§ 250.1146

Before you conduct operations to modify an accessory

3

(10) Decommission an accessory—Initial

§ 250.1147 (see § 250.1726)

In the POCSR and AKOCSR, at least 2 years before you decommission an accessory

1

(11) Decommission an accessory—Final

§ 250.1147 (see § 250.1727)

Before you decommission an accessory

2

(b)

Pipeline ROW grant applications and requests.

For ROW pipelines, you must submit the following applications and requests to MMS, and receive approvals, in addition to those listed in paragraph (a) of this section:

Application or

request

Required by

When to submit

Total number of copies

(1) Obtain a pipeline ROW grant

§ 250.1125(a)

Before you install, maintain, or operate an ROW pipeline

1 original and 2 copies.

(2) Modify a pipeline ROW grant

§ 250.1132(a)

Before you can modify a pipeline ROW grant

1 original and 2 copies.

(3) Assign a pipeline ROW grant

§ 250.1134(a)

Before you can assign a pipeline ROW grant

2 executed originals.

(4) Relinquish a pipeline ROW grant

§ 250.1136(a)

Before you can relinquish a pipeline ROW grant

1 original and 2 copies.

(c)

Notifications.

You must make notifications to MMS according to the following table:

Notification

Under section

When to notify

(1) Pipeline construction

§ 250.1041(a), using Form MMS-153

At least 48 hours before you commence pipeline construction.

(2) Discovery of archaeological resource

§ 250.1049(d)

Immediately.

(3) Hydrostatic pressure test

§ 250.1058(b), using Form MMS-153

At least 48 hours before you conduct a hydrostatic pressure test on a pipeline.

(4) Safety equipment failure or removal

§§ 250.1069(b) and 250.1085(a)

In the GOMR, when the safety equipment remains out of service for 12 hours. Immediately in the POCSR and AKOCSR.

(5) Corrective action

§ 250.1069(d)

Immediately when you repair or replace safety equipment and resume operating the pipeline, or when you have provided an equivalent degree of protection and resume operating the pipeline.

(6) Return safety equipment to service

§ 250.1085(c)

Immediately when you return out-of-service safety equipment to service or when you provide an equivalent degree of protection.

(7) Pipeline leak

§ 250.1088(b)

Immediately or as soon as practicable after you discover that a pipeline has leaked.

(8) Pipeline relocation

§ 250.1093(e), using Form MMS-153

At least 48 hours before you begin the work to relocate a pipeline.

(9) Lapse of financial security for a pipeline ROW grant

§ 250.1121(b)

Within 72 hours after the security lapses.

(10) Sabotage or subversive activity

§ 250.1131(k)

Immediately upon discovery.

(d)

Plans and Reports.

You or the Certified Verification Agent (CVA), as appropriate, must submit plans and reports to MMS according to the following table:

Plan/Report

Under section

When to submit

Total number of

copies

(1) Pipeline construction, including pressure test results

§ 250.1051(a)

Within 45 calendar days after you complete pipeline construction

3

(2) Design verification plans for pipeline risers connected to floating platforms

§ 250.1053(a)

At least 30 calendar days before you submit the associated pipeline application

1

(3) Fabrication verification plans for pipeline risers connected to floating platforms

§ 250.1053(b)

At least 30 calendar days before you submit the associated pipeline application

1

(4) Installation verification plans for pipeline risers connected to floating platforms

§ 250.1053(c)

At least 30 calendar days before you submit the associated pipeline application

1

(5) Interim CVA reports for pipeline risers connected to floating platforms

§ 250.1054(c);

§ 250.1055(d);

§ 250.1056(d)

CVA submits during each verification phase

1

(6) Final CVA design reports for pipeline risers connected to floating platforms

§ 250.1054(d)

CVA submits within 90 calendar days of receipt of the design data, or within 90 calendar days after MMS approval to act as a CVA, whichever is latest, and before fabrication begins

1

(7) Final CVA fabrication reports for pipeline risers connected to floating platforms

§ 250.1055(e)

CVA submits within 90 calendar days after completion of fabrication, and before installation

1

(8) Final CVA installation reports for pipeline risers connected to floating platforms

§ 250.1056(e)

CVA submits within 45 calendar days after pipeline installation

1

(9) Directed pressure test

§ 250.1060(d)

As directed by the Regional Supervisor

As directed by the Regional Supervisor.

(10) Out-of-service pipeline

§ 250.1086(d)

Within 48 hours after a pipeline is deemed to be out of service

1

(11) Out-of-service pipeline reactivation, including pressure test results

§ 250.1086(g)

Within 30 calendar days after you reactivate a pipeline that has been out of service

1

(12) Flaring/venting operations

§ 250.1089(b)

Within 72 hours after completing flaring or venting operations

1

(13) Pipeline modification, including pressure test results

§ 250.1093(f)

Within 30 calendar days after you complete the pipeline modification

1

(14) Pipeline repair, including pressure test results

§ 250.1095(e)

Within 30 calendar days after you complete a repair

1

(15) Flexible joint inspections

§ 250.1102(b)

Within 30 calendar days after you complete the inspection

1

(16) Pipe-to-electrolyte potential measurements

§ 250.1102(d)

No later than October 31 of the same year, or within 60 calendar days of the measurements, whichever is earlier

1

(17) Additional inspections and surveys

§ 250.1103(a) through (f)

As directed by the Regional Supervisor

1

(18) Pipeline decommissioning

§ 250.1111

Within 30 calendar days after you complete the decommissioning

1

(19) Decommissioned pipeline re-commissioning, including pressure test results

§ 250.1113(b)

Within 30 calendar days after you complete the re-commissioning

1

(20) Accessory installation

§ 250.1144

Within 45 calendar days after you complete accessory installation

3

(21) Accessory inspections

§ 250.1145(a)(2)

By November 1 of each year

1

(22) Accessory decommissioning

§ 250.1147 (see § 250.1729)

Within 30 calendar days after you decommission an accessory

2

(23) Accessory site clearance

§ 250.1147 (see § 250.1743(b))

Within 30 calendar days after you conduct site clearance verification operations

2

Applications for New Pipelines

§ 250.1007

How do I apply for approval for a new pipeline?

Before you install, maintain, or operate a new pipeline (including a jumper), or a pipeline you create with a combination of new pipe and existing pipe, you must submit three copies of a pipeline application to the Regional Supervisor for approval. If you prefer to submit all or part of your pipeline application electronically (see § 250.186(a)(3)), you should consult with the Regional Supervisor for further guidance.

(a)

Application contents.

(1) Your application must include the information described in §§ 250.1014 through 250.1030.

(2) The Regional Supervisor may require you to include additional information, if necessary, to assist in evaluating your pipeline application.

(3) The Regional Director may require less information or analysis than you otherwise must provide in your pipeline application when:

(i) Sufficient information or analysis is readily available to MMS;

(ii) Other coastal or marine resources are not present or affected; or

(iii) Other factors, such as technological advances, affect information needs.

(b)

Where to submit the application.

You must submit a pipeline application to one of the MMS Regional offices shown in the following table.

For OCS areas adjacent to the . . .

Submit your application to . . .

(1) State of Alaska

Minerals Management Service, Alaska OCS Region (AKOCSR), Regional Supervisor, Field Operations.

(2) Atlantic Coast States and in the Gulf of Mexico

Minerals Management Service, Gulf of Mexico OCS Region (GOMR), Regional Supervisor, Field Operations.

(3) States of California, Oregon, Washington, or Hawaii

Minerals Management Service, Pacific OCS Region (POCSR), Chief, Office of Facilities, Safety & Enforcement.

(c)

Withdrawal after submission.

You may withdraw your pipeline application at any time, and for any reason, by notifying the Regional Supervisor in writing.

§ 250.1008

Where must I send copies of my pipeline application?

(a)

Impacted leases and pipeline ROW grants.

When you submit a pipeline application to MMS, you must provide a copy of the pipeline application to each lessee or designated lease operator of an existing lease, and to each holder of a pipeline ROW grant (active or terminated) that could be impacted by your proposed pipeline construction or towing operations.

(b)

Affected States.

Unless the proposed operations described in your pipeline application are under a general concurrence from the affected State, when you submit a new ROW pipeline application to MMS you must provide each affected State with all of the following:

(1) A copy of the pipeline application. Pursuant to 43 CFR part 2, Appendix E, MMS has determined that none of the information included in an ROW pipeline application is proprietary. Therefore, you must not exclude any information from the copies of the application you submit to affected States.

(2) A consistency certification (see 15 CFR 930.57).

(3) All necessary data and information (see 15 CFR 930.58).

§ 250.1009

How does MMS process a pipeline application?

The Regional Supervisor determines whether the application is complete, accurate, and fulfills the requirements of this subpart. If the Regional Supervisor determines that your application does not meet these conditions, the Regional Supervisor will notify you of the problem or deficiency. The Regional Supervisor will not begin final review of your application until it is complete.

(a)

Compliance review.

The Regional Supervisor will ensure that your proposed operations conform to the OCSLA (43 U.S.C.1331,

et seq.

), as amended; other applicable laws; and applicable MMS regulations.

(b)

Environmental impact evaluation.

The Regional Supervisor will evaluate the environmental impacts of your proposed operations, and prepare environmental documentation under NEPA (42 U.S.C. 4321,

et seq.

) and its implementing regulations (40 CFR parts 1500 through 1508).

(c)

Amendments.

During the review of your pipeline application, the Regional Supervisor may require you, or you may elect, to change your pipeline application.

§ 250.1010

What conditions must my pipeline application meet?

The Regional Supervisor will approve your pipeline application only if you satisfy all of the criteria in this section.

(a) You must obtain the Regional Supervisor's approval of either a DOCD or DPP that covers the structure at the originating end of the pipeline (e.g., platform, well, subsea skid), if the proposed pipeline is a lease term pipeline (see § 250.1015(b)).

(b) You must provide the Regional Supervisor with a copy of your approved State permit (see § 250.1016(c)), if the proposed pipeline will enter or cross any State submerged lands.

(c) If the proposed pipeline will enter or cross any safety fairway or anchorage area, you must provide the Regional Supervisor with a copy of your approved U.S. Army Corps of Engineers permit (see § 250.1016(d)).

(d) If an OCS lease or pipeline ROW grant could be impacted by your proposed pipeline construction or towing operations (see § 250.1016(e) and (f)), you must:

(1) Provide the Regional Supervisor with a return receipt or letter of no objection from the lessee or designated lease operator of each impacted lease, or the holder of each impacted pipeline ROW grant (active or terminated); and

(2) Ensure that each entity you notified under paragraph (d)(1) of this section had at least 30 days from the

date they received the pipeline application from you to submit comments to the Regional Supervisor.

(e) If the proposed pipeline will terminate or originate at a new hot tap or other connection on the OCS, the lessee, designated lease operator, or pipeline ROW holder of the receiving or delivering pipeline must first obtain approval from the Regional Supervisor to modify their pipeline.

(f) For ROW pipeline and new accessory installation applications, either:

(1) All affected States with approved CZMA programs have concurred, or have been conclusively presumed to concur, with your coastal zone consistency certification in your pipeline application under section 307(c)(3)(A) of the Coastal Zone Management Act (CZMA) (16 U.S.C. 1456(c)(3)(A)); or

(2) The Secretary of Commerce finds, under section 307(c)(3)(A) of the CZMA (16 U.S.C.1456(c)(3)(A)), that the proposed ROW pipeline operations or new accessory installation are consistent with the objectives of CZMA, or are otherwise necessary in the interest of national security.

(g) For ROW pipeline applications, you must demonstrate oil spill financial responsibility (OSFR) as required by 30 CFR 253.13, if applicable (see § 250.1029).

§ 250.1011

What can I do if an affected State objects to my ROW pipeline application?

For ROW pipeline and new accessory installation applications, if an affected State objects to the coastal zone consistency certification in your application, you may follow the procedures in either paragraph (a) or (b) of this section.

(a) You may amend your application to accommodate the State's objection, and submit the amendment to the Regional Supervisor for approval and to the affected State for its consistency determination. The amendment need only address information related to the State's objection.

(b) You may appeal the State's objection to the Secretary of Commerce using the procedures in 15 CFR part 930, subpart H. The Secretary of Commerce will either:

(1) Grant your appeal by finding, under section 307(c)(3)(B)(iii) of CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that the proposed operations are consistent with the objectives of CZMA, or are otherwise necessary in the interest of national security; or

(2) Deny your appeal, in which case you may either amend your application under paragraph (a) of this section or withdraw your application and not conduct the proposed operations.

§ 250.1012

How will the Regional Supervisor notify me of the decision on my pipeline application?

After review and evaluation, the Regional Supervisor will notify you in writing whether your pipeline application is approved or disapproved.

(a) The Regional Supervisor will approve your pipeline application if it complies with all applicable requirements; and will inform you of any conditions that you may be required to meet. In the approval letter, the Regional Supervisor will assign a unique MMS pipeline segment number that you must use in all subsequent correspondence regarding the pipeline.

(b) The Regional Supervisor will disapprove your pipeline application if the proposed operations would probably cause serious harm or damage (and you cannot amend the proposed pipeline operations to avoid such conditions) to life (including fish or other aquatic life), property, any mineral (in areas leased or not leased), the national security or defense, or the marine, coastal, or human environment. The Regional Supervisor will provide the reason(s) for disapproving your pipeline application in writing.

§ 250.1013

When may the Secretary cancel approval of a pipeline application?

The Secretary may cancel approval of your pipeline application upon your request, or if pipeline operations under the application are in suspension or temporary prohibition (see § 250.1091) for at least 5 years (see section 5(a)(2) of the OCSLA (43 U.S.C. 1334(a)(2)). To cancel approval under this section, the Secretary must determine after a hearing that all of the following conditions are met:

(a) Continued operation under the approved pipeline application would probably cause serious harm or damage to life (including fish and other aquatic life), property, mineral resources (in areas leased or not leased); the national security or defense, or the marine, coastal, or human environment;

(b) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and

(c) The advantages of cancellation outweigh the advantages of continuing the pipeline application in force.

Pipeline Application Contents

§ 250.1014

General information.

You must provide the following general information:

You must provide a(n). . .

That includes. . .

and. . .

(a) Cover letter

(1) The name of the company and the name, title, and signature of the company representative filing the application; and

(2) A statement that you are applying for approval of the pipeline in accordance with § 250.1007

(b) List of contacts

The name and MMS operator number of the company filing the application, and the company's managerial, regulatory, and technical representatives who the Regional Supervisor can contact while processing the application

For each contact, you must include the:

(1) Company name;

(2) Business and postal address;

(3) Telephone number;

(4) Telefax number; and

(5) E-mail address.

(c) Indication of the pipeline type

An indication whether the proposed pipeline will be a lease term pipeline type or an ROW pipeline

(d) Indication of the pipeline jurisdiction

An indication whether the proposed pipeline will be under the jurisdiction of DOI or DOT

If you wish petition to transfer jurisdiction from DOI to DOT or to transfer jurisdiction from DOT to DOI (see § 250.1004(b)), you may include the request in your pipeline application.

(e) Tentative schedule for conducting pipeline operations

The date your installation operations will begin and end

The date you will place the pipeline into service.

(f) New or unusual technology statement

A statement whether you will or will not use a new or unusual technology to carry out your proposed pipeline operations

If you will use new or unusual technology, provide a narrative description of the technology and the rationale for its selection.

(g) Payment

Payment of a nonrefundable service fee (see § 250.125 for amount)

If the application is for a lease term pipeline.

§ 250.1015

Other general information.

If your proposed pipeline operations meet any of the criteria in the following table, you must provide the indicated information:

If. . .

You must provide. . .

(a) You are applying for an ROW pipeline

A statement that certifies that you have an approved National Pollutant Discharge Elimination System (NPDES) permit, or that you have applied for an NPDES permit that covers your proposed pipeline operations.

(b) You are applying for lease term pipeline in the GOMR

The MMS assigned control number for the DOCD or DPP that a covers or will cover your proposed pipeline operations. If you have not submitted the DOCD or DPP, you must provide the date you intend to submit the document or plan to the GOMR.

(c) You are applying for an ROW pipeline and you propose to use measures beyond those required by this part to minimize or mitigate environmental impacts

A description of the additional measures you will use.

(d) Your pipeline will operate in a sour environment

A certification that the pipeline is designed in accordance with the requirements in § 250.1035.

(e) You will install a supervisory control and data acquisition(SCADA) system

A brief description of the system.

§ 250.1016

Information regarding other agencies and entities.

If your proposed pipeline operations meet any of the criteria in the following table, you must provide the indicated information:

For each . . .

You must provide . . .

(a) ROW pipeline and new accessory installation

(1) Coastal zone consistency certification according to 15 CFR 930.57 for each affected State; and

(2) Evidence that you sent your pipeline or accessory application, consistency certification (see 15 CFR 930.57), and all necessary data and information (see 15 CFR 930.58) to each affected State for their CZMA consistency determination.

(b) ROW pipeline, if the routes of the vessels and aircraft you will use to support your proposed pipeline operations are located in or could traverse established military warning or water test areas

(1) An identification of the warning and water test area(s); and

(2) A certification that, before you begin pipeline construction operations, you will contact the military installation with jurisdiction over the area concerning the control of electromagnetic emissions and the use of vessels and aircraft in the area.

(c) Proposed pipeline that will enter into or cross State offshore waters

A copy of the approved permit from that State.

1

(d) Proposed pipeline that will enter into or cross any safety fairway or anchorage area

A copy of the approved U.S. Army Corps of Engineers permit.

1

(e) Proposed pipeline that will enter into an existing OCS lease, or whose construction operations could impact lease operations (e.g., placing anchors on the lease)

OCS area and block designations, OCS lease number, and name of the lessee or designated lease operator for each impacted lease.

(f) Proposed pipeline that will cross, or whose construction operations could impact an existing ROW pipeline or a decommissioned pipeline (i.e., placing anchors or routing the pipeline across or within 500 feet of an existing ROW pipeline)

OCS area and block designations of the crossing or impact point, and name of the pipeline ROW holder.

(g) Proposed pipeline that will originate or terminate at an existing valve or hot tap assembly

(1) OCS area and block designations of the tie-in point(s); and

(2) Name of the lessee or designated lease operator if a connecting pipeline is a lease term pipeline; or the name of the pipeline ROW holder if a connecting pipeline is an ROW pipeline.

(h) Proposed pipeline you identified pursuant to paragraphs (e), (f), and (g) of this section

A photocopy of a return receipt or a letter of no objection that indicates the date that the lessee, designated lease operator, or pipeline ROW holder received a copy of your pipeline application by registered or certified mail (or equivalent).

1

1

If this document is not available when you submit your application, you may submit the document later.

§ 250.1017

Location information.

(a) You must provide the following location information:

You must provide . . .

That must . . .

(1) A location plat based on the North American Datum of 1927 (NAD 27) for the GOMR (Gulf) and POCSR, and the North American Datum of 1983 (NAD 83) for the AKOCSR and GOMR (Atlantic), with a minimum scale of 1 inch = 2,000 feet

Include the information listed in paragraph (b) of this section.

(2) An Electronic file of the digital coordinates of a sufficient number of points to provide an accurate representation of the entire route of the proposed pipeline, including turns and umbilicals

Be in decimal degree latitude and longitude and based on NAD 27 for the GOMR (Gulf) and POCSR, and NAD 83 for the AKOCSR and GOMR (Atlantic). The Regional Supervisor will specify the file format for providing this information.

(3) Information on the proposed locations of the origin, termination, and inclusive OCS blocks traversed by the pipeline route

Include, if applicable, the OCS area, block number, and lease number.

(4) The total length (feet) of the proposed pipeline excluding risers, the length in Federal waters (feet), and the length in State waters (feet), if applicable

(b) The location plat required by paragraph (a)(1) of this section must do all of the following:

(1) Identify the lessee, designated lease operator, or pipeline ROW holder.

(2) Show OCS area, block, and lease designations.

(3) Show the pipeline route from origination to termination, including the plant or refinery, if applicable. It must also show flow direction and, if an ROW pipeline, the 200-foot pipeline ROW and any site for an accessory.

(4) Show the routes and flow directions of all umbilicals.

(5) Identify all platforms (including accessories) and pipelines (MMS-assigned segment numbers) that your proposed pipeline will connect to, cross, or otherwise impact.

(6) Identify all safety fairways, anchorage areas, and military warning or water test areas that are within 500 feet of the center line of the proposed pipeline.

(7) Show the burial depth (feet) of the pipeline along its entire length.

(8) Show the water depth (feet) along the entire length of the pipeline.

(9) Depict the water depth (feet), X-Y coordinates, and decimal degree latitude and longitude of each of the following key points:

(i) Locations of the originating and terminating structures;

(ii) Points where the proposed pipeline crosses a fairway, an anchorage area, or a lease or block boundary;

(iii) Locations of subsea valves, flanges, hot taps, tie-ins, anode sleds, connecting sleds (including PLEM's and PLET's), manifolds (including those that are accessories), and other appurtenances;

(iv) Locations of pipeline crossings;

(v) Points throughout the curvature of a turn; and

(vi) Point where the pipeline enters into State jurisdiction, if applicable.

(10) Include a certification by a registered engineer or land surveyor that the information on the plat is accurately represented.

(c) For each ROW pipeline, you must provide a map at an appropriate scale that shows the:

(1) Proposed pipeline route relative to the shoreline, the onshore support base you will use, and the proposed primary transportation routes for your support vessels and aircraft; and

(2) Distance to shore (miles) of the pipeline route origination and termination points.

§ 250.1018

Origination and termination information.

You must provide origination and termination information as indicated in the following table:

Type of information

When required

Contents

(a) General information on the facilities where the proposed pipeline will originate and terminate

In all cases

(1) The type of structure (i.e., platform, well jacket or caisson, subsea well, manifold, tie-in, or blind flange);

(2) MMS-assigned name of the structure (if applicable);

(3) OCS area and block designations;

(4) OCS lease number (if applicable);

(5) Distance to shore (miles);

(6) Water depth (feet);

(7) Whether the structure is manned or unmanned; and

(8) If the facility is equipped with a pig launcher/receiver, a description of its major features and rating.

(b) Riser design information for each pipe diameter

If the pipeline will connect at a platform, well jacket, or caisson

(1) Design life (years);

(2) Outside diameter (inches);

(3) Wall thickness (inches);

(4) Pipe grade;

(5) Hydrostatic test pressure (psi) and duration (hours);

(6) Type and thickness (mils) of the external corrosion coating;

(7) Type and thickness (mils) of the external corrosion coating in the splash zone;

(8) Type and thickness (mils) of the internal corrosion coating;

(9) Type of riser, e.g., fixed, catenary, top tension, flexible;

(10) Type, pressure rating (psi), and, if applicable, the de-rated pressure rating (psi) of the insulating flange; and

(11) Whether the riser can be inspected using in-line inspection tools (e.g., smart pigs).

(c) Non-traditional pipe

If you plan to use any non-traditional pipe (e.g., flexible pipe) to construct the riser

(1) The name and a description of the non-traditional pipe;

(2) The manufacturer's design specification sheet;

(3) The design pressure (psi);

(4) An identification of the design standards you used; and

(5) A review by a third-party verification agent (specified in API Spec 17J (incorporated by reference as specified in § 250.198), where applicable) if you intend to use any unbonded flexible pipe.

(d) Riser guard design

In all cases

A drawing that shows how you will protect the riser(s) from physical damage that could result from contact with floating vessels.

(e) Catenary and other non-traditional riser

If the riser will be a catenary or other non-traditional design

(1) Design fatigue life (years) of the riser and the fatigue point at which you would replace the riser;

(2) Identification of the design standards you used; and

(3) Type and rating of the connecting device you will use;

(f) Subsea manifold

If the proposed pipeline will originate or terminate at a subsea manifold

A diagram of the facility showing its major features including:

(1) Pressure rating (psi) of the pressure limiting component;

(2) Type of exterior protective coating; and

(3) Description of the cathodic protection system.

(g) Subsea tie-in

If the proposed pipeline will originate or terminate at a subsea tie-in

Information about the tie-in that includes:

(1) Type of tie-in assembly (existing valve or new hot tap);

(2) MMS-assigned pipeline segment number of the delivering or receiving pipeline;

(3) MAOP (psi) of the delivering or receiving pipeline; and

(4) Schematic drawing of the tie- in assembly.

(h) Subsea blind flange

If the pipeline will originate or terminate at a subsea blind flange

Information about the blind flange that includes the:

(1) Type;

(2) Pressure rating (psi); and

(3) If applicable, the de-rated pressure rating (psi).

(i) Other appurtenances and other accessories

If the pipeline will include any equipment, device, apparatus, or other object not described in paragraphs (e) through (h) of this section

Information about the appurtenance that includes:

(1) Description of the appurtenance;

(2) Schematic drawings showing the arrangement and orientation of the appurtenances; and

(3) For subsea manifolds, pipeline end modules (PLEM's), and pipeline end terminals (PLET's), a diagram of the appurtenance showing its major features and dimensions, pressure rating (psi), and type of exterior protective coating, and a description of the cathodic protection system.

§ 250.1019

Horizontal component and appurtenances information.

You must provide horizontal component and appurtenances information as indicated in the following table:

Type of information

When required

Required data elements

(a) Pipeline internal design pressure

For all pipelines

(1) Internal design pressure (psi) you calculated;

(2) Formula you used to calculate the internal design pressure;

(3) Design factors you used in calculating the internal design pressure; and

(4) Calculations you performed to derive the internal design pressure for each pipe diameter and wall thickness.

(b) Pipeline collapse design pressure

For all pipelines to be installed in water depths greater than 1000 feet

(1) External pressure on the pipe in (psi);

(2) Collapse design pressure (psi) you calculated;

(3) Formula you used to calculate the external design pressure;

(4) Collapse factor you used in calculating the external design pressure;

(5) Calculations you performed to derive the external design pressure for each pipe diameter and wall thickness; and

(6) Description of any collapse arrestors you intend to install or other mitigation you intend to use.

(c) Horizontal component design

For all pipelines, for each pipe diameter incorporated in the horizontal component of the pipeline

(1) Design life (years);

(2) Pipe outside diameter (inches);

(3) Pipe wall thickness (inches);

(4) Pipe grade;

(5) Bare pipe and weighted pipe specific gravities, and a statement (based on stability analysis) that the pipeline will remain stable following installation;

(6) Type of welds (e.g., longitudinal, electrical resistance welded (ERW), submerged arc welded (SAW), seamless);

(7) Hydrostatic test pressure (psi) and test duration (hours);

(8) Type and thickness (mils) of the external corrosion coating;

(9) Type and thickness (mils) of the internal corrosion coating;

(10) Density (pounds/cubic foot) and thickness (inches) of the concrete weight coating; and

(11) Statement indicating whether or not the pipe can be inspected using in-line inspection tools (e.g., smart pigs).

(d) Non-traditional pipe

If you plan to use any non-traditional pipe (e.g., coiled tubing, flexible pipe, unbonded flexible pipe) to construct the horizontal component

(1) Name and a description of the non-traditional pipe;

(2) Manufacturer's design specification sheet;

(3) Design pressure (psi);

(4) Identification of the design standards you used; and

(5) Review by a third-party independent verification agent (specified in API Spec 17J (incorporated by reference as specified in § 250.198), where applicable) if you intend to use any unbonded flexible pipe.

(e) Pipeline cathodic protection system

If you plan to install a cathodic protection system that uses bracelet anodes

(1) Anode composition;

(2) Design anode life expectancy (years);

(3) Formula and calculations you used to determine the design life of your anodes;

(4) Anode consumption rate (pounds/amp/year);

(5) Net weight per anode (pounds);

(6) Anode interval (feet); and

(7) Number of anodes.

(f) Non-traditional cathodic protection system

If you plan to install a cathodic protection system that does not use bracelet anodes

(1) Specify and describe the system; and

(2) Provide the applicable information from paragraph (e) of this section, and the information and calculations you used to show that your pipeline is cathodically protected.

(g) Pipeline valves and flanges

If you plan to install a valve or flange on the horizontal component (not at the originating or terminating points) as an appurtenance to the pipeline

Information about each valve or flange that includes the:

(1) Type;

(2) Pressure rating (psi); and

(3) If applicable, the de-rated pressure rating (psi).

(h) Umbilicals

If you plan to install umbilicals as appurtenances to the pipeline

A drawing that shows:

(1) Types of umbilicals (e.g., electrical, hydraulic, chemical) you plan to install;

(2) Configuration of the umbilicals in the bundle;

(3) Length (feet) and outside diameter (inches) of the bundle; and

(4) Any associated umbilical termination assemblies.

(i) Other appurtenances

If you plan to install any equipment, device, apparatus, or other object not described in paragraphs (e) through (h) of section

Information about each appurtenance that includes:

(1) Description of the appurtenance;

(2) Schematic drawings showing the arrangement and orientation of the appurtenances; and

(3) For subsea manifolds, pipeline end modules (PLEM's), and pipeline end terminals (PLET's), a diagram of the appurtenance showing its major features and dimensions, pressure rating (psi), type of exterior protective coating, and a description of the cathodic protection system.

(j) Pipeline crossings

If the pipeline will cross any existing pipeline, umbilical, power or communication cable, or other structure or object

(1) MMS-assigned segment number of the pipeline or umbilical (if applicable) to be crossed;

(2) OCS area and block designations of the crossing location;

(3) Description of the method you will use to separate the pipeline from the existing structure or object and the separation distance (inches);

(4) Water depth (feet) at the pipeline crossing;

(5) Indication of the presence or absence of H

2

S in the crossed pipeline; and

(6) Diagram that shows a profile of the crossing that includes the depth of cover (feet).

§ 250.1020

Schematic flow diagram.

You must provide a schematic flow diagram of the proposed pipeline that is consistent with the diagram(s) required by § 250.802(e)(1) through (3), as appropriate, and that shows:

(a) All pressure sensing devices and associated control lines;

(b) All pressure safety valves (PSVs) and settings;

(c) All shutdown valves (SDVs), flow safety valves (FSVs), and block valves;

(d) All pressure-regulating devices (including back-pressure regulators);

(e) Any subsea manifolds, PLEMs and PLETs, and other appurtenances;

(f) Input source(s) (e.g., wells, pumps, compressors, and vessels) and the maximum source pressure (MSP) (psi) of each;

(g) Flow direction (or predominate direction for bi-directional flow);

(h) Safety equipment for the input source;

(i) Rated working pressure (psi) of all valves and flanges;

(j) Any specification (spec) breaks;

(k) Initial receiving equipment, vessel, or pipeline, and its rated working pressure (psi) or MAOP (psi);

(l) Pig launchers and receivers;

(m) Calculated MAOP (psi) of the proposed pipeline;

(n) MMS-assigned segment number and approved MAOP (psi) of any connecting pipeline; and

(o) The transfer point where jurisdiction changes between DOI and DOT, if applicable.

§ 250.1021

Shallow hazards information.

You must provide information on shallow hazards as indicated in the following table:

Type of information

When required

Contents

(a) Shallow hazards survey report

For ROW pipelines in the GOMR, and for all pipelines in the POCSR and AKOCSR

Shallow hazards survey report of the proposed pipeline route based on information obtained from the shallow hazards survey (see § 250.1032(a)). The Regional Supervisor will specify requirements for preparing the report.

(b) Shallow hazards analysis of any seafloor and subsurface geologic features, and any manmade features or conditions, which may have an adverse effect on the proposed pipeline

In all cases

(1) Description of the hazards along the pipeline route;

(2) Discussion of any special safety measures you will take to minimize the adverse effects of shallow hazards on the proposed pipeline; and

(3) Discussion of how you will comply with the hazard mitigation requirements specified in § 250.1042.

§ 250.1022

Construction information.

You must provide pipeline construction information as indicated in the following table:

Type of information

When required

Contents

(a) Installation method

In all cases

A brief description of the method you will use to install the proposed pipeline (e.g., S-lay, J-lay, reeled lay, towed lay).

(b) General information on the vessel/equipment you will use to construct the proposed pipeline

In all cases

(1) Type of vessel (e.g., anchor supported, dynamic positioning) or equipment (e.g., trucks, bulldozers);

(2) Name of the vessel (if known);

(3) Maximum anchor radius (feet);

(4) Capacity of fuel tanks (barrels); and

(5) Proposed anchor location for operations in the POCSR.

(c) Tow route

If you plan to install the pipeline by towing or dragging it to the installation site

(1) Plat that depicts the entire tow route and indicates where the pipeline will be dragged on the seafloor, if applicable.

(2) Electronic file containing the the digital coordinates of sufficient points to provide an accurate representation of the proposed tow route. In preparing this file, you must:

(i) Use the file format specified by the Regional Supervisor;

(ii) Include the data for the entire tow route; and

(iii) Present the data in decimal degree latitude and longitude, based on NAD 27 for the GOMR (Gulf) and the POCSR, and NAD 83 for AKOCSR and GOMR (Atlantic).

(3) Shallow hazards survey report for the tow route (see § 250.1032(a)).

(4) Analysis of any seafloor and subsurface geologic features, and any manmade features or conditions, which may have an adverse effect on the pipeline if towed or dragged. The analysis must include a:

(i) Discussion of the hazards along the pipeline tow route;

(ii) Description of any special safety measures you will take to minimize the adverse effects of shallow hazards on the towing operations; and

(iii) Discussion of how you will comply with the hazard mitigation requirements specified in § 250.1042.

(d) Air emissions

For ROW pipelines in the GOMR, and for all pipelines in the POCSR and AKOCSR, you must provide air emissions information for all combustion sources used in pipeline construction operations

(1) Total rated output (horsepower) of each vessel/equipment;

(2) Rated output (horsepower) of each combustion emission source on the vessel(s) and a description of its use (e.g., crane, compressor, generator, dehydrator);

(3) Run time (hours/day and days/year) for each emission source;

(4) Documentation of any emission control technologies you will employ; and

(5) Maximum hourly, daily, and total projected emissions for all pipeline installation-related emission sources.

(e) Vessel discharges

For ROW pipelines in the GOMR, and for all pipelines in the POCSR and AKOCSR, you must provide information on discharges for all vessels associated with your pipeline installation

(1) Types and general characteristics of the wastes that will be generated and discharged into the ocean during construction operations;

(2) Volume (gallons) of waste that will be discharged;

(3) Average and maximum discharge rates (gallons/hour);

(4) Description of any treatment or storage; and

(5) Discharge location and method for each type of discharge.

(f) Pipeline burial

If you plan to bury the pipeline (see § 250.1044(c))

(1) Method you will use to bury the pipeline (e.g., jet, plow); and

(2) Depth of burial (feet), including the depths in safety fairways and anchorage areas.

(g) Pipeline self burial

If you expect that the pipeline will bury itself naturally in the sediment, you must provide a request to use an alternative procedure under § 250.141

(1) Appropriate site-specific geotechnical data (e.g., sediment compaction, shear strength) and other information to verify sediment conditions; and

(2) Information specified in § 250.1027(a).

(h) Obstruction protection

In all cases

Information concerning any covering (e.g., dome, cage, sandbags, concrete mats) you will use to protect a manifold, tie-in, or blind flange at the pipeline origination and termination points, and all valves, flanges, other appurtenances, and pipeline crossings along the horizontal component of the pipeline (see § 250.1046(a)). The information you provide must include:

(1) A drawing that shows the specifications of the protective covering and the equipment it will protect;

(2) A drawing and a description of the relationship of the protective covering to the seafloor (e.g., mat edges buried);

(3) A discussion of any anchor pins or sandbags you will use to hold the protective covering in place, if applicable;

(4) A description of the cathodic protection system for the protective covering, if appropriate; and

(5) A discussion of your plans for maintaining the protective covering.

(i) Underwater vent pipelines

If you plan to install an underwater vent pipeline

A description of the provisions you will make for anchoring the end of the underwater vent pipeline.

§ 250.1023

Onshore support base, terminal, support vessels, and aircraft information.

You must provide information on each onshore base you will use to provide supply and service support for your proposed pipeline operations as indicated in the following table:

Type of information

When required

Contents

(a) Onshore support base

In all cases

(1) Name and location of the onshore support base, and whether it will be a new or existing facility;

(2) Description of the necessary work, if you plan to construct a new onshore support base or make major additions to an existing one; and

(3) Timetable for land acquisition (including rights-of-way and easements) and construction or expansion if you plan to acquire land to construct a new facility or expand an existing one.

(b) Onshore terminal

For pipelines that will transport product to shore

The name, description, and location of the primary onshore terminal (including any refinery, gas plant, or compressor station) that will be built or undergo expansion or major modification as the result of your proposed pipeline operations.

(c) Support vessels and aircraft (general)

For ROW pipelines in the GOMR, and all pipelines in the POCSR and AKOCSR

Information for each type of vessel/equipment (e.g., anchor-handling boats, tug boats, supply boats, service boats, crew boats) and aircraft you will use to support your proposed pipeline operations that includes:

(1) Fuel tank storage capacity (barrels);

(2) Maximum number of vessels/equipment that will be in the area of operations at any one time; and

(3) Trip frequency or duration.

(d) Diesel oil supply vessel/equipment

For ROW pipelines in the GOMR, and all pipelines in the POCSR and AKOCSR

Information on the vessels you will use to supply diesel oil to your pipeline installation vessels/equipment that includes:

(1) Vessel length (feet);

(2) Diesel oil storage capacity (barrels); and

(3) Frequency of fuel transfers.

§ 250.1024

Operation information.

You must provide the following pipeline operation information:

(a)

Pipeline operating temperature.

The anticipated maximum and minimum operating temperatures (°F) of the proposed pipeline.

(b)

Proposed MAOP.

Your proposed MAOP (psi) for the pipeline, and the method you used to determine the MAOP (see § 250.1081).

§ 250.1025

Service and products information.

You must indicate the primary service and, if applicable, the secondary service of the proposed pipeline (e.g., oil, bulk oil, natural gas, bulk gas, condensate, gas and condensate, gas lift, instrument, flare/vent, water, methanol, glycol, sulphur, or other chemicals). If the pipeline will be bidirectional, you must provide the service for each direction and indicate which one will predominate.

If you will be primarily

transporting . . .

Then you must provide . . .

The Regional Supervisor may also require . . .

(a) Natural gas

(1) The anticipated maximum flow rate (MMCFD);

(2) The maximum design flow rate (MMCFD);

(3) The specific gravity of the gas;

(4) The carbon dioxide (CO

2

) and hydrogen sulfide (H

2

S) concentrations (ppm);

(5) Your provisions for controlling internal corrosion; and

(6) Your provisions for flow assurance

The chemical and physical characteristics of the gas.

(b) Liquid hydrocarbons

(1) The anticipated maximum flow rate (BPD); and

(2) The maximum design flow rate (BPD);

(3) The API° gravity of the liquid;

(4) The anticipated CO

2

and H

2

S concentrations (ppm);

(5) Your provisions for controlling internal corrosion; and

(6) Your provisions for flow assurance

The chemical and physical characteristics of the oils (see definition under 30 CFR 254.6).

(c) Chemicals

(1) The anticipated maximum flow rate (BPD);

(2) The maximum design flow rate (BPD);

(3) Your provisions for controlling internal corrosion

The chemical and physical characteristics of each chemical.

(d) A product with an H

2

S concentration greater than 20 ppm, or will cross a pipeline that transports a product with an H

2

S concentration greater than 20 ppm

(1) An H

2

S Contingency Plan prepared according to § 250.490(f);

(2) A reference to an approved or submitted H

2

S Contingency Plan that covers the operation of the proposed pipeline and/or the construction operations at the pipeline crossing; or

(3) A statement that you will submit for approval to the appropriate District Manager either an H

2

S Contingency Plan(s) or an amendment to an approved H

2

S Contingency Plan(s) before you install the proposed pipeline.

(e) A product with an H

2

S concentration greater than 500 ppm

Two (2) copies of an H

2

S dispersion modeling report or the modeling results (see § 250.1082(b)), or a reference to such report or results if already submitted to the Regional Supervisor.

§ 250.1026

Biological and archaeological information.

You must provide the biological and archaeological information indicated in the following table:

Type of information

When required

Contents

(a) Chemosynthetic communities report

If the proposed pipeline, or the associated anchors or chains of the pipeline construction vessel (or a proposed accessory, or the associated anchors or chains of the construction barge) will be placed in water depths 1,312 feet or greater

Three copies of a high-density chemosynthetic communities report. The Regional Supervisor will specify the contents of this report.

(b) Sensitive biological features reports or documentation

If the proposed pipeline, or the associated anchors or chains of the pipeline construction vessel (or a proposed accessory platform, or the associated anchors or chains of the construction barge) will be placed in the vicinity of any biologically-sensitive features, including but not limited to topographic features, live bottoms (low-relief features), live bottoms (pinnacle trend features or seamounts), and potentially sensitive biological features

Plats, a photo documentation survey report, and/or a high-resolution geophysical data survey report to identify and locate the features. The Regional Supervisor will specify when you must provide these plats and reports, and their contents.

(c) Archaeological report

If you propose bottom-disturbing operations in areas that are identified as high probability shipwreck blocks or prehistoric areas

Three copies of an archaeological report, or a reference to such a report if it was already provided to the Regional Supervisor. The Regional Supervisor will specify the contents of the archaeological report.

§ 250.1027

Requests for alternative compliance or departure.

You must provide any request for alternative compliance or departure as indicated in the following table:

Type of request

When required

What your request must do

(a) Alternative compliance

You must request approval from the Regional Supervisor if you plan to use any alternate procedures or equipment (see § 250.141)

(1) Identify the MMS regulation for which you are seeking alternative compliance;

(2) Describe the procedure, method, or equipment you plan to use;

(3) Explain the reason you want to use the procedure, method, or equipment; and

(4) Explain how you will achieve a level of safety and environmental protection that is equal to or greater than that prescribed by the MMS regulation.

(b) Departure

You must request approval from the Regional Supervisor if you plan to depart from any current MMS regulatory requirements (see § 250.142) concerning the proposed pipeline

(1) Identify the MMS regulation for which you are seeking to forego or delay compliance;

(2) Describe the procedure, method, or equipment you plan to use, if applicable; and

(3) Explain the reason you wish to forego or delay compliance with the identified MMS regulation.

§ 250.1028

Oil and hazardous substance spill response information.

You must provide the following oil and hazardous substance spill response information:

(a)

Oil spill response planning.

For ROW pipelines, you must provide either:

(1) An Oil Spill Response Plan (OSRP) for the pipeline prepared according to the requirements of 30 CFR part 254; or

(2) A reference to your approved regional or subregional OSRP (see 30 CFR 254.3) that includes:

(i) A discussion of your regional or subregional OSRP, and a statement that your proposed ROW pipeline operations will be covered by that OSRP;

(ii) The locations of your primary oil spill equipment base and any preplanned equipment staging areas;

(iii) The names of your oil spill removal organizations for both spill response equipment and personnel;

(iv) The calculated volume (barrels) of your worst case discharge scenario (see 30 CFR 254.26(a)) for your proposed ROW pipeline;

(v) A comparison of the above worst case discharge scenario with the applicable worst case discharge scenario in your approved regional or subregional OSRP; and

(vi) A discussion of your worst case discharge scenario and your response in adverse weather conditions for your proposed operations (see 30 CFR 254.26(b), (c), (d) and (e)).

(b)

Modeling report.

If you model a potential oil or hazardous substance spill, a modeling report, the modeling results, or a reference to such report or results if you already submitted it to the Regional Supervisor.

(c)

Flower Garden Banks National Marine Sanctuary (FGBNMS).

If you propose to conduct operations within the protective zones of the FGBNMS, a description of your provisions for monitoring the impacts of an oil spill on the environmentally sensitive resources at the FGBNMS.

§ 250.1029

Oil Spill Financial Responsibility (OSFR) demonstration information.

For ROW pipelines that will transport oil (see definition at 30 CFR 253.3), you must provide a statement that you have demonstrated or will demonstrate OSFR coverage in the amount specified in 30 CFR 253.13(b) unless the static volume of the pipeline is 1,000 barrels, or less, or the calculated volume of your worst case discharge scenario is 1,000 barrels or less.

§ 250.1030

Environmental Impact Analysis (EIA) information.

For ROW pipelines, you must provide a project-specific EIA that identifies and analyzes the potential direct and indirect environmental impacts of your proposed ROW pipeline operations (including the installation and operation of any accessory) to assist the Regional Supervisor in complying with NEPA (42 U.S.C. 4321,

et seq.

) and other relevant Federal laws. Your EIA must include:

Type of information

What must be included

(a) Resources, conditions, and activities that could affect or be affected by your proposed ROW pipeline operations

(1) Meteorology, oceanography, geology, and geological and/or manmade hazards;

(2) Air and water quality;

(3) Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, and algal or plant life;

(4) Threatened or endangered species, and their critical habitat, as defined by the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531,

et seq.

);

(5) Sensitive biological resources or habitats such as essential fish habitat, refuges, preserves, special management areas identified in coastal management programs, sanctuaries, coastal monuments, national natural landmarks, rookeries, and calving grounds;

(6) Archaeological resources;

(7) Socio-economic resources, as specified in paragraph (b) of this section;

(8) Coastal and marine uses, such as military or commercial operations, shipping, and mineral exploration or development; and

(9) Other resources, conditions, and operations identified by the Regional Supervisor.

(b) Socio-economic resources

(1) The approximate number, timing, and duration of employment of persons engaged in onshore support and construction operations;

(2) Population (including the approximate number of people and families added to local onshore areas);

(3) Existing offshore and onshore infrastructure (including major sources of supplies, services, energy, and water);

(4) Types of contractors or vendors that may place a demand on local goods and services;

(5) Land use;

(6) Subsistence resources and harvest practices;

(7) Recreation and recreational and commercial fishing (including seasons, location, and type);

(8) Minority and lower income groups;

(9) Federally-recognized tribes in the AKOCSR; and

(10) Coastal zone management programs.

(c) Impact producing factors (IPF) that can cause impacts to the environmental resources you identified in paragraph (a) of this section

(1) Air emissions;

(2) Seafloor disturbance from anchoring and structure emplacement;

(3) Discharges;

(4) Emissions of light and noise;

(5) Water intakes and discharges;

(6) Use of service vessels and helicopters;

(7) Construction or expansion of onshore support facilities;

(8) Onshore waste disposal; and

(9) Accidental events, including oil or chemical spills and hydrogen sulfide (H

2

S) releases.

(d) Environmental impact analysis (EIA)

(1) Analysis of the direct and indirect impacts (including those from accidents) of the IPFs you identified in paragraph (c) of this section on the environmental resources, conditions, and activities you identified in paragraph (a) of this section;

(2) Analysis of the potential cumulative impacts from other activities to those environmental resources, conditions, and activities you identified in paragraph (a) of this section;

(3) Description of the type, severity, and duration of the potential impacts, and their biological, physical, and other consequences and implications;

(4) Description of the potential measures to minimize or mitigate the potential impacts; and

(5) Description of the alternatives to your proposed ROW pipeline operations that you considered while developing your pipeline application, and a comparison of the potential environmental impacts.

(e) Consultation

A list of agencies and persons that you consulted or you will consult, regarding potential impacts associated with your proposed pipeline operations.

(f) References cited

A list of the references that you cite in the EIA.

Pipeline Design

§ 250.1031

What are the general requirements for designing a pipeline?

You must design a pipeline, including the horizontal component, risers, valves, flanges, fittings, umbilicals, and all other appurtenances to do all of the following:

(a) Mitigate any reasonably anticipated detrimental effects of water currents, storm or ice scouring, soft or hard bottoms, mud slides, earthquakes, hurricanes, subfreezing temperatures, and other environmental factors;

(b) Withstand the anticipated maximum differential pressure to prevent both burst and collapse;

(c) Withstand the static and dynamic loads that will be imposed on the pipe during construction and under operating conditions;

(d) Mitigate the effects of thermal expansion and contraction; and

(e) Mitigate the effects of internal and external corrosion.

§ 250.1032

What must I do to avoid or mitigate hazards?

(a)

Shallow hazards survey.

You must conduct a shallow hazards survey using appropriate high-resolution geophysical survey techniques and other tools to locate potential hazards. The Regional Supervisor will specify the survey area, instrumentation, and methodology.

(b)

Route selection.

You must use the results of the shallow hazards survey required by paragraph (a) of this section, charts, maps, and other sources of relevant information to:

(1) Select a route that avoids surface and subsurface hazards as much as possible (e.g., in anchorage areas, existing pipelines, other manmade objects, active faults, rock outcrops, mudslide areas); and

(2) Identify hazards that you cannot avoid, and design the pipeline to mitigate the effects of these hazards.

§ 250.1033

What are the design requirements for horizontal components and risers?

(a)

Internal design pressure.

(1) You must determine the internal design pressure for steel horizontal components and risers using the following formula or the equations in section 4.3.1 of API RP 1111 and, if applicable, sections 4.3.1.1 and 4.3.1.2 of API RP 1111 (incorporated by reference as specified in § 250.198):

EP03OC07.010

Variable

Description

P

Internal design pressure (psi).

S

Specified minimum yield strength (psi), stipulated in the specification under which the pipe was purchased from the manufacturer or determined in accordance with section 811.253(h) of ANSI/ASME B31.8 (incorporated by reference as specified in § 250.198).

T

Nominal wall thickness (inches).

D

Nominal outside diameter of pipe (inches).

F

Construction design factor (0.72 for the horizontal component and 0.60 for risers).

E

Longitudinal joint factor from Table 841.1B of ANSI/ASME B31.8 (incorporated by reference as specified in § 250.198) (See also section 811.253(d) of this standard).

T

Temperature derating factor obtained from Table 841.1C of ANSI/ASME B31.8 (incorporated by reference as specified in § 250.198).

(2) For limitations, see section 841.121 of ANSI/ASME B.31.8 (incorporated by reference as specified in § 250.198). When calculating the internal design pressure for steel pipe, you may account for the effects of external hydrostatic pressure as shown in ANSI/ASME B.31.8, Chapter 8 (incorporated by reference as specified in § 250.198).

(b)

External design pressure.

You must predict the external (collapse) design pressure for steel pipe for pipelines to be installed in water depths greater than 1000 feet using the equations in sections 4.3.2.1 and 4.3.2.2 of API RP 1111 (incorporated by reference as specified in § 250.198).

(c)

Catenary riser for a fixed structure.

You must design a catenary riser for a fixed structure according to sections 4.5.4 and 4.1.6.2 of API RP 1111 (incorporated by reference as specified in § 250.198).

(d)

Riser for tension leg platform or a floating system.

You must design a pipeline riser for a tension leg platform or a floating system according to API RP 2RD (incorporated by reference as specified in § 250.198).

(e)

Unbonded flexible pipe.

If you plan to install a pipeline using unbonded flexible pipe, you must design the pipeline according to the specifications and the review standards for a third-party independent verification agent specified in API Spec 17J (incorporated by reference as specified in § 250.198).

(f)

External protective coating.

You must design a pipeline to provide the:

(1) Horizontal component and appurtenances with an external protective coating to minimize external corrosion;

(2) Risers with an additional external coating to resist the detrimental effects of corrosion, sunlight, and wave action in the splash zone; and

(3) Pipe and appurtenances exposed to the atmosphere with a suitable coating.

(g)

Internal corrosion control.

You must design a pipeline to mitigate internal corrosion (e.g., the use of internal coatings, corrosion-resistant alloys) over its design life.

(h)

Flow assurance.

You must design a pipeline to ensure that adequate fl

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