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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.

  • Topic: Oil and Gas and Sulphur Operations in the Outer Continental Shelf — Lease Term Requirements Related to Continuing Operations

    Question: What does this new rule change?

    Answer: The Bureau of Safety and Environmental Enforcement (BSEE) amended regulations at 30 CFR 250.180. This amendment extends the period of time allowed between lease holding operations (i.e., drilling, well-reworking, and production in paying quantities) for leases continued beyond their primary terms from a 180-day period to a one-year period.  For consistency reasons, 30 CFR 250.171 was also amended to reflect the change to a one-year period.

    Question: Why is BSEE changing these regulations?

    Answer: Congress mandated the amendments to 30 CFR 250.180 through the passing of H.R. 244 – Consolidated Appropriations Act of 2017, Public Law No. 115-31, May 5, 2017.  The Act directed the Secretary of the Interior to change the 180-day period to a one-year period and to amend the regulations at 30 CFR 250.180 no later than 30 days after the Act was enacted. The amendment to 30 CFR 250.171 was made simply to ensure consistency with 30 CFR 250.180 regulations.

    Question: What is the effective date of the amended rule?

    Answer: The effective date of the amended rule is June 9, 2017. 

    Question: What if my lease was beyond its primary term when the amended rule went into effect and I completed a lease holding operation less than 180 days prior to the effective date?

    Answer: You will have a one-year period from the last day of lease-holding operations to either resume operations or receive a Suspension of Production (SOP) or Suspension of Operations (SOO) from the Regional Supervisor under §250.168-250.177.  In this case, if you already have a pending SOO or SOP request, your request may be returned for updating and resubmission (if applicable) prior to the new scheduled lease expiration. 

    Question: What if my last lease-holding operation ceased more than 180 days before the amended rule went into effect, but I have a pending SOP or SOO request?

    Answer: The lease is preserved from termination by the pendency of the suspension request only for purposes of allowing BSEE to act on the request. The lease is not subject to the amended rule, and the suspension request remains under BSEE review for final decision.

    Question: What if my lease expired prior to the effective date of the rule, but I had a lease-holding operation within the last year?

    Answer: This lease remains terminated and does not receive the benefit of the amended rule. 

    Question: What if BSEE approved an SOP or SOO for my lease and that suspension ends before it has been one year since my last lease-holding operation?

    Answer: In this case, the lease is held past the end of the approved suspension period to the date one year from the end of the last lease-holding operation.

    Question: What if BSEE approved an SOP or SOO for my lease and that suspension ends more than one year after my last lease-holding operation?

    Answer: In this case, the lease is held through the end of the approved suspension period.

    Question: What is the impact of the amended rule on NTL No. 2008-N09?

    Answer: NTL No. 2008-N09, “Extension of Lease and Unit Terms by Production in Paying Quantities,” issued October 29, 2008, will be amended with appropriate updates/annotations commensurate with the amended regulations.

    Question: What is the impact of the amended rule on NTL No. 2015-G01?

    Answer: NTL No. 2015-G01, “Time Between Drilling Operations,” issued June 9, 2015, will be rescinded, as it addresses the availability of extensions – to a maximum of 270 days – of the prior 180-day period allowed between lease-holding operations.  Since the amended regulations will provide a one-year period between all lease-holding operations on leases continued beyond their primary terms, this NTL is obsolete.

    Question: Do I need to revise my Unit Agreement?

    Answer: Unit Agreements that follow a BSEE-approved Model contain language (Article 9.2) requiring the Unit Operator to maintain the unit via production, drilling, or well-reworking operations “with lapses of no more than 180 days.” While not required by BSEE, a Unit Operator may file an amendment to a Unit Agreement to replace the language in Article 9.2 to read “with lapses of no more than one year,” instead of “with lapses of no more than 180 days.”

    Question:
    Who should I contact if I’m still unclear on the expected expiration date of my lease?
    Who should I contact if I want written confirmation on the expected expiration date of my lease?

    Answer:
    If you have any questions regarding the expected expiration date of your lease, please contact:
    If you would like to request written confirmation regarding the expected expiration date of your lease, please contact:

    Gulf of America Region

    New Orleans District
    David Trocquet Sr.
    (504) 734-6750

    Houma District
    Amy Gresham
    (985) 853-5921

    Lafayette District
    Mark Malbrue
    (337) 289-5116

    Lake Charles District
    Beau Boudreaux
    (337) 437-4605

    Lake Jackson District
    Stephen Martinez
    (713) 286-2308


    Pacific Region

    Bobby Kurtz
    (805) 384-6359


    Alaska Region

    Justin Miller
    (907) 334-5236


    Question: How can I submit additional questions regarding the amended rule?

    Answer: Submit any additional questions regarding the amended rule to bseeQandA@bsee.gov