Rule2025-14618
Remove Regulations for Sulphur Operations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 1, 2025
Effective
September 30, 2025
Issuing agencies
Interior DepartmentSafety and Environmental Enforcement Bureau
Abstract
The Department of the Interior (DOI or Department), through the Bureau of Safety and Environmental Enforcement (BSEE), is rescinding the majority of the provisions in its sulphur operations subpart and revising the subpart by applying other available regulatory requirements for similar operations to sulphur operations in the Outer Continental Shelf (OCS). The existing regulations are outdated, duplicative of, or inconsistent with, other Department regulations. This direct final rule provides consistency and clarity to industry regarding regulatory requirements for sulphur operations by aligning the requirements with the Department's other BSEE-administered regulations.
Full Text
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<title>Federal Register, Volume 90 Issue 146 (Friday, August 1, 2025)</title>
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[Federal Register Volume 90, Number 146 (Friday, August 1, 2025)]
[Rules and Regulations]
[Pages 36106-36109]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14618]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 250
[Docket ID: BSEE-2025-0003; EEEE500000 256E1700D2 ET1SF0000.EAQ000]
RIN 1014-AA64
Remove Regulations for Sulphur Operations
AGENCY: Bureau of Safety and Environmental Enforcement (BSEE),
Interior.
ACTION: Direct final rule; request for comments.
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SUMMARY: The Department of the Interior (DOI or Department), through
the Bureau of Safety and Environmental Enforcement (BSEE), is
rescinding the majority of the provisions in its sulphur operations
subpart and revising the subpart by applying other available regulatory
requirements for similar operations to sulphur operations in the Outer
Continental Shelf (OCS). The existing regulations are outdated,
duplicative of, or inconsistent with, other Department regulations.
This direct final rule provides consistency and clarity to industry
regarding regulatory requirements for sulphur operations by aligning
the requirements with the Department's other BSEE-administered
regulations.
DATES: The final rule is effective September 30, 2025, unless
significant adverse comments are received by September 2, 2025. If
significant adverse comments are received, notice will be published in
the Federal Register before the effective date either withdrawing the
rule or issuing a new final rule that responds to significant adverse
comments.
ADDRESSES: You may submit comments on this rulemaking by any of the
following methods. Please use the Regulation Identifier Number (RIN)
1014-AA64 as an identifier in your message.
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. In
the entry entitled, Enter Keyword or ID, enter BSEE-2025-0003, then
click search. Follow the instructions to submit public comments and
view supporting and related materials available for this rulemaking.
BSEE may post all comments submitted.
<bullet> Mail or hand-carry comments to the Department of the
Interior; Bureau of Safety and Environmental Enforcement; Attention:
Regulations and Standards Branch; 45600 Woodland Road, Sterling,
Virginia 20166. Please reference ``Remove Regulations for Sulphur
Operations at 30 CFR part 250, Subpart P, 1014-AA64'' in your comments
and include your name and return address.
<bullet> Send comments on the information collection in this rule
to: Interior Desk Officer 1014-AA64, Office of Management and Budget;
by fax at 202-395-5806; or by email at <a href="/cdn-cgi/l/email-protection#0c63657e6d537f796e61657f7f6563624c63616e2269637c226b637a"><span class="__cf_email__" data-cfemail="a8c7c1dac9f7dbddcac5c1dbdbc1c7c6e8c7c5ca86cdc7d886cfc7de">[email protected]</span></a>. In
addition, please send a copy of your comments to BSEE by one of the
methods previously listed.
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. In order for BSEE to withhold from disclosure
your personal identifying information, you must identify any
information contained in your comment submittal that, if released,
would constitute a clearly unwarranted invasion of your personal
privacy. You must also briefly describe any possible harmful
consequence(s) of the disclosure of the information, such as
embarrassment, injury, or other harm. 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.
FOR FURTHER INFORMATION CONTACT: For questions, contact Kirk Malstrom,
Regulations and Standards Branch, (202) 258-1518, or by email:
<a href="/cdn-cgi/l/email-protection#89fbeceefac9ebfaececa7eee6ff"><span class="__cf_email__" data-cfemail="453720223605273620206b222a33">[email protected]</span></a>. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION: The Department is issuing this rule as a
direct final rule. Although the Administrative Procedure Act (APA, 5
U.S.C. 551-559) generally requires agencies to engage in notice and
comment rulemaking, section 553 of the APA provides an exception when
the agency ``for good cause finds'' that notice and comment are
``impracticable, unnecessary, or contrary to the public interest.'' Id.
Sec. 553(b)(B). The Department has determined that notice and comment
are unnecessary because this rule is noncontroversial; of a minor,
technical nature; and is unlikely to receive any significant adverse
comments. Significant adverse comments are those that oppose the
rescission of the rule and raise, alone or in combination, (1) reasons
why the rescission of the rule is inappropriate, including challenges
to the rescission's underlying premise, or (2) serious unintended
consequences of the rescission. A comment recommending an addition to
the rule will not be considered significant and adverse unless the
comment explains how this direct final rule would be ineffective
without the addition.
Executive Summary: This direct final rule (DFR) revises the
regulatory provisions in subpart P of 30 CFR part 250 that are
inconsistent with other similar operational and equipment requirements
of this part. On January 20, 2025, the President issued Executive Order
(E.O.) 14154 ``Unleashing American Energy,'' which rescinded E.O. 13990
``Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis'' and directed the removal of regulations
that impede the development and use of the Nation's energy and natural
resources. In response to E.O. 14154, the Secretary of the Interior
(Secretary) issued Secretary's Order (S.O.) 3418, ``Unleashing American
Energy,'' which directs all Assistant Secretaries to ``review all
agency actions and submit an action plan'' that includes steps that
``as appropriate, will be taken to suspend, revise, or rescind
documents,'' to address potential burden to industry.\1\
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\1\ Secretary's Order 3418, Sec. 4. Directive, Feb. 3, 2025.
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This DFR revises provisions that, consistent with and as authorized
by the Outer Continental Shelf Lands Act (OCSLA), will achieve the
objectives of E.O. 14154 and S.O. 3418. At this time, BSEE would
streamline the subpart P regulations by:
<bullet> Applying other regulations in 30 CFR part 250 to sulphur
operations; and
<bullet> Rescinding the regulations in Sec. Sec. 250.1601 through
250.1634 and reserving those sections.
BSEE will continue to evaluate the effectiveness of all BSEE
regulations for
[[Page 36107]]
any necessary and appropriate rulemakings in the future.
Table of Contents
I. Background
A. Statutory and Regulatory Authority and Responsibilities
B. Purpose and Summary of the Rulemaking
II. Section-by-Section Discussion of Proposed Changes
A. Sec. 250.1600 Performance Standard
B. Sec. Sec. 250.1601-250.1634
III. Procedural Matters
I. Background
A. Statutory and Regulatory Authority and Responsibilities
The Department's authority for this direct final rule is derived
from OCSLA, codified at 43 U.S.C. 1331-1356a. OCSLA, enacted in 1953
and substantially revised in 1978, authorizes the Secretary to regulate
and administer mineral and oil and gas exploration, development, and
production operations on the OCS. The Secretary has delegated authority
to perform certain of these functions to BSEE under Secretary's Order
3299.\2\
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\2\ <a href="https://www.doi.gov/sites/doi.gov/files/elips/documents/3299a2-establishment_of_the_bureau_of_ocean_energy_management_the_bureau_of_safety_and_environmental_enforcement_and_the_office_of_natural_resources_revenue.pdf">https://www.doi.gov/sites/doi.gov/files/elips/documents/3299a2-establishment_of_the_bureau_of_ocean_energy_management_the_bureau_of_safety_and_environmental_enforcement_and_the_office_of_natural_resources_revenue.pdf</a>.
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To carry out its responsibilities, BSEE regulates offshore oil and
gas and sulphur operations to enhance the safety of oil and gas and
sulphur exploration and development on the OCS, ensure that those
operations are safe, and implement advancements in technology. BSEE
also conducts onsite inspections to ensure compliance with regulations,
lease terms, and approved plans and permits. Detailed information
concerning the BSEE-administered regulations and guidance to the
offshore oil and gas and sulphur industries may be found on BSEE's
website at: <a href="https://www.bsee.gov/guidance-and-regulations">https://www.bsee.gov/guidance-and-regulations</a>.
BSEE administers a regulatory program that covers a wide range of
OCS facilities and activities that offshore operators \3\ perform,
including sulphur operations, throughout the OCS. See 30 CFR part 250.
This DFR is applicable to the operational activities that involve
sulphur exploration, development, and production.
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\3\ The regulations at 30 CFR part 250 generally apply to ``a
lessee, the owner or holder of operating rights, a designated
operator or agent of the lessee(s)'' (30 CFR 250.105 (definition of
``you'') and ``the person actually performing the activity to which
the requirement applies'' (30 CFR 250.146(c)). For convenience, this
preamble will refer to these regulated entities as ``operators''
unless otherwise indicated.
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B. Purpose and Summary of the Rulemaking
On August 29, 2011, the Secretary issued Secretary's Order 3299 2A
(S.O. 3299 2A), which announced the division of the former Minerals
Management Service (MMS) into three new separate agencies--Office of
Natural Resources Revenue (ONRR), Bureau of Ocean Energy Management
(BOEM), and Bureau of Safety and Environmental Enforcement (BSEE).
Secretary's Order 3299 2A also separated the regulatory
responsibilities of MMS and established the authorities and
responsibilities of ONRR, BOEM, and BSEE.
On October 18, 2011, the Department published the direct final rule
``Reorganization of Title 30: Bureaus of Safety and Environmental
Enforcement and Ocean Energy Management.'' 76 FR 64462 (October 18,
2011) (2011 final rule). The 2011 final rule assigned administration of
the regulations under 30 CFR, chapter II-Minerals Management Service,
to BSEE and BOEM based on the authorities and responsibilities
established for each agency under S.O. 3299 2A. Accordingly, the 2011
final rule assigned administration of the entire subpart P regulations
to BSEE as part of the agency's regulatory authority over safety and
environmental enforcement of operations on the OCS.
The Department's subpart P regulations have not been substantially
updated since 2011 when the final rule assigned administration of the
regulations to the agency. While the subpart P regulations have not
been updated, many of the Department's regulations in the other
subparts of 30 CFR 250, which also apply to sulphur operations, have
been updated to incorporate new processes, technology, and technical
standards. Additionally, on January 20, 2025, the President issued E.O.
14154, which rescinded E.O. 13990 and directed the removal of
regulations that impose impediments on the development and use of the
Nation's energy and natural resources. The accompanying S.O. 3418
instructed DOI to review and revise regulations that, consistent with
and as authorized by the OCSLA, will alleviate the potential burden on
industry and further promote the objectives of E.O. 14154. Therefore,
this direct final rule will remove the vast majority of the regulations
in subpart P and instead will reference the applicable regulations in
the other subparts of 30 CFR part 250 for the purposes of efficiency
and efficacy.
II. Section-by-Section Discussion of Proposed Changes
The Department would revise the following regulations:
Subpart P--Sulphur Operations
A. Sec. 250.1600 Performance Standard
This section of the existing regulations includes the performance
standard applicable to operations to discover, develop, and produce
sulphur on the OCS. This section requires such operations to be in
accordance with a BOEM-approved Exploration Plan or Development and
Production Plan, and to be conducted in a manner that protects against
harm or damage to life, property, natural resources, and the
environment.
Revisions: The Department is revising Sec. 250.1600 by clarifying
that the requirements of the section, including a new requirement in
new paragraph (a)(2) to comply with the other regulations in 30 CFR
part 250, apply to all applicable operations for sulphur exploration,
development, and production on the OCS. The Department also amends the
section by revising the format from a single paragraph to a bulleted
list to increase clarity and readability.
Explanation of proposed revisions: The Department's revision to
Sec. 250.1600 would reduce the regulatory burden on operators by
simplifying the regulatory compliance process. The revision would align
regulatory requirements for sulphur operations in subpart P with the
requirements in the other subparts of 30 CFR part 250. BSEE expects
that the simplified reporting requirements will alleviate regulatory
burdens on operators without any negative impact on safety and
environmental protection.
B. Sec. Sec. 250.1601-250.1634
These sections of the existing regulations represent the remainder
of the sections in subpart P and include, among other subjects,
regulations pertaining to drilling requirements, well control, pressure
testing, permits, blowout prevention, testing, training, and
recordkeeping.
Revisions: The Department is revising Sec. Sec. 250.1601 through
250.1634 by removing the content from the subpart and reserving the
section numbers.
Explanation of proposed revisions: The revisions to Sec. Sec.
250.1601 through 250.1634 removes regulations that are outdated,
duplicative of, or inconsistent with similar regulations in the other
subparts of 30 CFR part 250, such as regulations for drilling
operations (subpart D) and well control (subpart G). The 30 CFR part
250 regulations provide
[[Page 36108]]
sufficient detail, clarity, and comprehensiveness for operators and
necessary oversight authority for BSEE to enable safe, efficient, and
productive sulphur operations on the OCS. BSEE expects that the
revisions to these sections, in conjunction with the revision to Sec.
250.1600, provides regulatory relief to the industry by eliminating
outdated and redundant regulatory requirements. BSEE also anticipates
the regulatory changes will have no negative impact on the safety of
offshore operations or environmental protection.
III. Procedural Matters
Regulatory Planning and Review (E.O. 12866) and Improving Regulation
and Regulatory Review (E.O. 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB)
will review all significant rules. OIRA has determined that this direct
final rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866, while
calling for improvements in the Nation's regulatory system to promote
predictability, reduce uncertainty, and use the best, most innovative,
and least burdensome tools for achieving regulatory ends. Executive
Order 13563 directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives. Executive Order 13563 emphasizes further
that agencies must base regulations on the best available science and
that the rulemaking process must allow for public participation and an
open exchange of ideas. BSEE developed this direct final rule in a
manner consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601-612) requires an
agency to prepare a regulatory flexibility analysis for all rules
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The RFA
applies only to rules for which an agency is required to first publish
a proposed rule. See 5 U.S.C. 603(a) and 604(a). The RFA does not apply
because the Department is not required to publish a notice of proposed
rulemaking for this direct final rule.
Congressional Review Act
This direct final rule is not a major rule under the Congressional
Review Act, 5 U.S.C. 804(2). Specifically, the direct final rule: (1)
will not have an annual effect on the economy of $100 million or more;
(2) will not cause a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government agencies, or
geographic regions; and (3) will not have significant adverse effects
on competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets.
Unfunded Mandates Reform Act of 1995
This direct final 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 rule would not have a significant or unique
effect on State, local, or tribal governments or the private sector.
The rule merely revises the Federal regulations to remove outdated,
duplicative, and inconsistent provisions. Therefore, a statement
containing the information required by Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required.
Takings Implication Assessment (E.O. 12630)
Under the criteria in E.O. 12630, this direct final rule does not
have significant takings implications. The rule is not a governmental
action capable of interference with constitutionally protected property
rights. Therefore, a takings implication assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this direct final rule will not
have federalism implications. This rule will 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 rule will not affect that role. Therefore, a
federalism assessment is not required.
Civil Justice Reform (E.O. 12988)
This direct final rule complies with the requirements of E.O.
12988. Specifically, this rule:
(1) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(2) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O. 13175)
BSEE strives to strengthen its government-to-government
relationships with federally recognized Indian Tribes through a
commitment to consultation with the Tribes and recognition of their
right to self-governance and Tribal sovereignty. We are also respectful
of our responsibilities for consultation with Alaska Native Claims
Settlement Act (ANCSA) Corporations and the Native Hawaiian Community.
BSEE is committed to compliance with E.O. 13175, ``Consultation and
Coordination with Indian Tribal Governments'' (dated November 6, 2000),
DOI's Policy on Consultation with Indian Tribes, Policy on Consultation
with Alaska Native Claims Settlement Act Corporations, and Policy on
Consultation with the Native Hawaiian Community (512 Departmental
Manual 4, dated November 30, 2022, 512 Departmental Manual 6, dated
November 30, 2022, and 513 Departmental Manual 1, dated January 16,
2025, respectively), and DOI's Procedures for Consultation with Indian
Tribes, Procedures for Consultation with Alaska Native Claims
Settlement Act Corporations, and Procedures for Consultation with the
Native Hawaiian Community (512 Departmental Manual 5, dated November
30, 2022, Departmental Manual 7, dated November 30, 2022, and 513
Departmental Manual 2, dated January 16, 2025, respectively). BSEE
evaluated this direct final rule under E.O. 13175 and the Department's
consultation policies and procedures and determined that it has no
substantial direct effects on federally recognized Indian Tribes, ANCSA
corporations, or the Native Hawaiian Community and that consultation
under the Department's consultation policies is not required.
Paperwork Reduction Act (PRA) of 1995
This direct final rule does not impose any new information
collection burdens under the Paperwork Reduction Act. OMB previously
approved the information collection activities contained in the
existing regulations and assigned OMB control number 1014-0006. This
rule rescinds the majority of the provisions in subpart P and, as such,
eliminates the burdens associated with OMB Control Number 1014-0006
(897 hours). BSEE will be submitting a request to OMB to discontinue
this control number.
[[Page 36109]]
National Environmental Policy Act of 1969 (NEPA)
This direct final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act (NEPA,
42 U.S.C. 4321 et seq.) is not required because this rule is covered by
a categorical exclusion applicable to regulatory functions ``that are
of an administrative, financial, legal, technical, or procedural
nature.'' 43 CFR 46.210(i). In addition, BSEE has determined that this
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under NEPA.
Data Quality Act
In developing this direct final rule, we did not conduct or use a
study, experiment, or survey requiring peer review under the Data
Quality Act (Pub. L. 106-554, app. C, sec. 515, 114 Stat. 2763, 2763A-
153-154).
Effects on the Nation's Energy Supply (E.O. 13211)
This direct final rule is not a significant energy action under the
definition in E.O. 13211. The rule is not a significant regulatory
action under E.O. 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Therefore, a statement of energy effects is not required.
Clarity of This Regulation
We are required by E.O. 12866, E.O. 12988, and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, or the sections where you feel lists or tables would be
useful.
Severability
If a court holds any section or paragraph of this rulemaking or
their applicability to any person or circumstance invalid, the
remainder of this rulemaking and their applicability to other persons
or circumstances will not be affected.
List of Subjects in 30 CFR Part 250
Administrative practice and procedure, Continental shelf,
Environmental impact statements, Environmental protection, Government
contracts, Investigations, Mineral resources, Oil and gas exploration,
Penalties, Pipelines, Outer Continental Shelf--mineral resources, Outer
Continental Shelf--rights-of-way, Reporting and recordkeeping
requirements, Sulphur operations.
Adam G. Seuss,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Bureau of Safety and
Environmental Enforcement (BSEE) amends 30 CFR part 250 as follows:
PART 250--OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
1. The authority citation for part 250 continues to read as follows:
Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 33 U.S.C.
1321(j)(1)(C), 43 U.S.C. 1334.
0
2. Revise Sec. 250.1600 to read as follows:
Sec. 250.1600 Performance standard.
(a) All operations for sulphur exploration, development, and
production on the OCS must comply with:
(1) A BOEM-approved Exploration Plan or Development and Production
Plan;
(2) The applicable regulations in 30 CFR part 250; and
(3) All applicable laws, regulations, and conditions of approval.
(b) You must conduct such operations in a manner that protects
against harm or damage to life (including fish and other aquatic life),
property, natural resources of the OCS including any mineral deposits
(in areas leased or not leased), the National security or defense, and
the marine, coastal, or human environment.
Sec. Sec. 250.1601-250.1634 [Removed and reserved]
0
3. Remove and reserve Sec. Sec. 250.1601-250.1634:
[FR Doc. 2025-14618 Filed 7-31-25; 8:45 am]
BILLING CODE 4310-VH-P
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