Guidance & Regulations / Regulations / BSEE Regulatory Interpretations

Regulatory Interpretations

BSEE is responsible for developing, implementing, and enforcing regulations concerning oil, gas, and sulphur exploration, development, and production operations on the Outer Continental Shelf. BSEE also reviews and approves oil spill response plans submitted by owners and operators of offshore facilities and undertakes periodic inspections of oil spill response equipment.

BSEE regularly receives requests to interpret or provide guidance concerning its regulations. This web page contains BSEE’s responses to requests for interpretations of its regulations. A regulatory interpretation provides BSEE’s understanding of the meaning of a regulation. BSEE will review each request it receives and determine whether it presents an issue appropriate for interpretation and is of sufficient public interest to merit publishing a response.  BSEE typically will not respond to questions regarding individual, fact-specific circumstances or the basis for promulgating a specific regulation. However, to the extent that BSEE finalizes a regulatory interpretation in response to a request, BSEE typically will publish both the request and BSEE’s response on this webpage. If a request for a regulatory interpretation poses a question not relevant to the cited regulation, BSEE will notify the requester that a response will not be issued.

Information provided on this web page reflects interpretations by BSEE of current regulations. In the rare instances in which BSEE may change its interpretation of a regulation, it will explain the change on this web page.

To request an interpretation of a BSEE regulation, please submit your request by email to bseeQandA@bsee.gov.

Not all questions and responses will be published on www.bsee.gov.

For Questions and Answers specifically regarding the Well Control Rule, click here.

SEMS

Topic: Part 250 Subpart S (Safety and Environmental Management Systems)

Question: What information must be included in a SEMS audit report submitted to BSEE pursuant to 30 CFR 250.1920(c) and a SEMS Corrective Action Plan (CAP) submitted to BSEE pursuant to 30 CFR 250.1920(d)?

Answer:

Audit Report (30 CFR 250.1920(c))

Pursuant to 30 CFR 250.1920(c), “[y]ou must submit an audit report of the audit findings, observations, deficiencies identified, and conclusions to BSEE within 60 days of the audit completion date.”

BSEE interprets the elements that must be included in an audit report submitted to BSEE as follows:

  • Audit Findings are all of the information recorded by the auditor pursuant to COS-2-03 Sections 9.6 (Audit Reporting) and 9.7 (Audit Results). This information includes Audit Results, as defined in COS-2-03 Section 3.3 (Nonconformities, Concerns, and Opportunities for Improvement) and Good Practices (see COS-02-03 Section 9.7.1). BSEE considers Good Practices to include areas of conformance as well as program strengths (e.g., an aspect of a management system that an auditor believes is being implemented exceptionally well).
  • Observations are the factual support underlying every Audit Finding. Observations may include a listing of, or excerpts from, documents reviewed, descriptions of activities witnessed, and/or documentation of personnel interviews.
  • Deficiencies are shortcomings or points of weakness or vulnerability that threaten the success of the management system. BSEE considers deficiencies to encompass both Nonconformities and Concerns as defined in COS-2-03 Section 3.3. BSEE considers Concerns to be deficiencies because the auditor has concluded that additional or modified controls must be put in place to maintain the effectiveness of the management system or one of its elements and to avoid the manifestation of new nonconformities.
  • Conclusions are assessments by the auditors of the state of the design and implementation of the management system and its individual elements. They should take into account how well the management system design conforms to the 30 CFR Part 250 Subpart S SEMS regulatory requirements, as well as the effectiveness, competency, and consistency of its implementation.

BSEE’s interpretation of the reporting requirements above is based on guidance that is incorporated by reference into the BSEE regulations (specifically the COS-2-03 Requirements for Third-party SEMS Auditing and Certification of Deepwater Operations, incorporated at 30 CFR 250.198(n)(2) and 250.1920(a)), common usage of the relevant terms, and a recognition of how they are used within standard auditing practices such as ISO 17021, Conformity assessment – Requirements for bodies providing audit and certification of management systems.

Corrective Action Plan (CAP) (30 CFR 250.1920(d))

Pursuant to 30 CFR 250.1920(d), “[y]ou must provide BSEE with a copy of your CAP for addressing the deficiencies identified in your audit within 60 days of the audit completion date. Your CAP must include the name and job title of the personnel responsible for correcting the identified deficiency(ies). The BSEE will notify you as soon as practicable after receipt of your CAP if your proposed schedule is not acceptable or if the CAP does not effectively address the audit findings.” BSEE defines a CAP in 30 CFR 250.1903 as “a scheduled plan to correct deficiencies identified during an audit and that is developed by an operator following the issuance of an audit report.”

As stated above, BSEE interprets deficiencies to include all Nonconformities and Concerns as defined in Section 3.3 of COS-2-03. Accordingly, your CAP must address corrective actions for both Nonconformities and Concerns. Furthermore, Section 250.1920(d) requires the “name and job title of the personnel responsible for correcting the identified deficiency(ies)” to be part of the CAP. Finally, in order for BSEE to assess “if your proposed schedule is not acceptable or if the CAP does not effectively address the audit findings,” BSEE requires that the CAP describe the actions that will be taken to address the deficiency(ies) and include a schedule for carrying out those actions.

Topic: Part 250 Subpart S (Safety and Environmental Management Systems)

Question: Can the individual designated as being in charge of a facility authorize an alternate person to sign a Job Safety Analysis (JSA) in compliance with the regulation?

Answer: Yes, the individual designated as being in charge of a facility may authorize someone else to sign a JSA on their behalf. The individual designated as being in charge would be accountable for the signature applied on their behalf, and would remain responsible for approving the JSA to ensure that it complies with the regulations. If you intend to utilize this process, BSEE requires that it be fully documented in your SEMS, that the individual designated to be in charge and their authorized signatory are fully aware of the JSA requirements in your SEMS, and a record of this instance is maintained in accordance with the record keeping requirements. Regardless of who the individual designated to be in charge of the facility authorizes to sign the JSA on their behalf, the JSA must still be signed by all personnel involved in the activity and the immediate supervisor. (Answer last updated August 26, 2015)