BSEE s Innovation Culture: Using Innovation to Balance the Historically Prescriptive Climate of Regulations

Similar documents
BSEE BAST Determination Process

Offshore Regulatory Oversight on the U.S. Arctic Outer Continental Shelf

MPD Application Process

The Role of the Intellectual Property Office

Macondo Blowout Lessons Learned for Prevention and Mitigation

Background. 23 February Practice Groups: Arctic Environmental, Land and Natural Resources Global Government Solutions Maritime Oil & Gas

National Academies Committee Performance-Based Regulation

June 16, Via Electronic Transmission. Lamar McKay Chairman and President BP America, Inc 501 Westlake Park Boulevard Houston, TX 77079

OCS leasing program draft PEIS comments Attachment A

BSEE Oil Spill Preparedness Division Response Research Branch

BLM S LAND USE PLANNING PROCESS AND PUBLIC INVOLVEMENT OPPORTUNITIES STEP-BY-STEP

Application of Remote Real-Time Monitoring to Offshore Oil and Gas Operations. Dissemination Workshop. September 22, 2016

GOMR OCS Subsea Pipelines Regulatory Perspectives. Pipeline Section, Regional Field Operations Gulf of Mexico Region Chief, Angie D.

INTRODUCTION TO THE RESULTS OF THE IMO PUBLIC CONSULTATION ON ADMINISTRATIVE REQUIREMENTS IN MARITIME REGULATIONS

Thank you for the opportunity to comment on the Audit Review and Compliance Branch s (ARC) recent changes to its auditing procedures.

121 W. Fireweed Lane, Suite L Street, NW Anchorage, Alaska Washington, DC Phone: (907) Phone: (202)

Strengthening the Safety Culture of the Offshore Oil and Gas Industry A Workshop

February 23, Re: EO & Well Control and Blowout Preventer Rule. Via Electronic Transmittal. Dear Mr. Whiteman:

TOOL #21. RESEARCH & INNOVATION

ITI Comment Submission to USTR Negotiating Objectives for a U.S.-Japan Trade Agreement

Recommendations for a Safer Future

SEMS Workshop. Opening Statement. Presentation : Wanda Parker OOC/API

A stronger system to protect the health and safety of Canadians. Exploring the Future of the Food Regulatory Framework Under the Food and Drugs Act

Establishment of Electrical Safety Regulations Governing Generation, Transmission and Distribution of Electricity in Ontario

EXPLORATION DEVELOPMENT OPERATION CLOSURE

IEEE STD AND NEI 96-07, APPENDIX D STRANGE BEDFELLOWS?

Floating Production Installations

Workshop on Offshore Wind Energy Standards and Guidelines: Metocean Sensitive Aspects of Design and Operations in the United States July 17, 2014

New Developments in Regulation of U.S. Offshore Oil and Gas Operations

Commercial Human Spaceflight: Self-regulation is the Future

THE LABORATORY ANIMAL BREEDERS ASSOCIATION OF GREAT BRITAIN

A Case for Regulatory Framework

Elements in decision making / planning 4 Decision makers. QUESTIONS - stage A. A3.1. Who might be influenced - whose problem is it?

Deep Sea Mineral Projects Inaugural Workshop & The International Seabed Authority Workshop (2011) Vira Atalifo SOPAC Division, SPC

II. Statutory and Regulatory Authorities for Underground Coal Mines

Gender pay gap reporting tight for time

Standing Committee on the Law of Patents

Guidance for Industry

UNITED STATES DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE GULF OF MEXICO OCS REGION

SMA Europe Code of Practice on Relationships with the Pharmaceutical Industry

LAW ON TECHNOLOGY TRANSFER 1998

Latin-American non-state actor dialogue on Article 6 of the Paris Agreement

FCCC/AWGLCA/2011/INF.2

Directions in Auditing & Assurance: Challenges and Opportunities Clarified ISAs

What We Heard Report Inspection Modernization: The Case for Change Consultation from June 1 to July 31, 2012

BSEE Mandate for RTM Affect on Drilling Contractors

Regulatory Reforms in Mexico Energy Production and Environmental Protection. A Technical Regulator for a New Market Frame

Submission to the Productivity Commission inquiry into Intellectual Property Arrangements

USTR NEWS UNITED STATES TRADE REPRESENTATIVE. Washington, D.C UNITED STATES MEXICO TRADE FACT SHEET

42296 Federal Register / Vol. 68, No. 137 / Thursday, July 17, 2003 / Rules and Regulations

Pakistan Nuclear Regulatory Authority

Public Hearings Concerning the Evolving Intellectual Property Marketplace

ENSURING SUCCESSFUL OFFSHORE FACILITY RESPONSE

Introduction. Vehicle Suppliers Depend on a Global Network

Re: RIN 1024-AD78 NPS. General Provisions and Non-Federal Oil and Gas Rights

STATEMENT OF WORK Environmental Assessment for the Red Cliffs/Long Valley Land Exchange in Washington County, Utah

Science Impact Enhancing the Use of USGS Science

McDermott International, Inc. Conflict Minerals Policy

Risk regulatory regimes of the Norwegian Petroleum Sector and the Nordic model. Professor Ole Andreas Engen, University of Stavanger, Norway

Technical Regulations for space operations

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT. pursuant to Article 294(6) of the Treaty on the Functioning of the European Union

Do not copy BME Abbreviated Course Title (19 spaces or less): Design of Biomedical Systems and Devices

Charter of the Regional Technical Forum Policy Advisory Committee

Ethics Guideline for the Intelligent Information Society

Industry & Govt Changes Post Macondo. Charlie Williams Chief Scientist Shell Executive Director - Center for Offshore Safety

NTL No N05 Increased Safety Measures for Energy Development on the OCS Effective June 8, 2010

Test Standard for the Determination of the Visible Entrance Field of an X-Ray Image Intensifier System

UNCTAD Ad Hoc Expert Meeting on the Green Economy: Trade and Sustainable Development Implications November

National Petroleum Council. Arctic Potential

National Petroleum Council

Privacy Policy SOP-031

Assessing the Welfare of Farm Animals

Multilevel Fragmentation in Arctic Offshore Drilling Regulation An Assessment of Governance Challenges and Proposed Solutions

ANSI/IEC American National Standard for Environmentally Conscious Design for Electrical and Electronic Products

ICC SUBMISSION on the Review and Assessment of the Effectiveness on the implementation of Article 4, Paragraph 1(c) and 5, of the Convention

SUBSEA DROPPED OBJECTS. New GoM requirements for 2016 and their wider implicationsengineering Services Feb 2017

Scoping of Impact Assessment in Canada Are We Losing our Focus?

THE AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION RECOMMENDATIONS REGARDING QUALIFICATIONS FOR

Report OIE Animal Welfare Global Forum Supporting implementation of OIE Standards Paris, France, March 2018

Lloyd s BOP Register energy Risk servicesmodel Project Development. Scotty Roper Project Manager Moduspec USA, Inc.

Building TRUST Literally & Practically. Philippe Desmeth World Federation for Culture Collections

Congratulations on your confirmation. We look forward to working with you and the Department.

DNV GL Marine Renewables

The International Student Offshore Design Competition (ISODC), sponsored by. Society of Mechanical Engineers (ASME), is a perfect opportunity for MIT

BUREAU OF LAND MANAGEMENT INFORMATION QUALITY GUIDELINES

The role of IP and other enabling factors for innovation and uptake of climate relevant technologies WIPO Green technology database and services

NOIA ANNUAL MEETING CONCERNS/INITIATIVES. BSEE Update. Joe Levine BSEE Washington DC April 11, 2014

ORDINANCE NO Adopted by the Sacramento City Council. April 14, 2016

Energy Trade and Transportation: Conscious Parallelism

Interoperable systems that are trusted and secure

DEA Quarterly Meeting 18 November Bill Pike NISC, an IBM Company

Proposed Accounting Standards Update: Financial Services Investment Companies (Topic 946)

Ocean Energy Safety Institute The First Year

INTERNATIONAL ATOMIC ENERGY AGENCY J8-TM INFORMATION SHEET. Technical Meeting on. Safety Culture Oversight and Assessment

Dear Mr. Snell: On behalf of the Kansas State Historical Society you have requested our opinion on several questions relating to access to birth and d

POLICY BRIEF. Regulatory Foresight and Change Drivers. Andrew MacDonald, Paul De Civita, André Downs 1 Policy Research Initiative.

Trans-Pacific Partnership Lost Important IP Provisions

Decision to make the Wireless Telegraphy (Vehicle Based Intelligent Transport Systems)(Exemption) Regulations 2009

& INFORMATION INDUSTRY ASSOCIATION

JOINT INDUSTRY OFFSHORE OPERATING PROCEDURES TASK FORCE, JOINT INDUSTRY OFFSHORE EQUIPMENT TASK FORCE, JOINT INDUSTRY SUBSEA WELL CONTROL AND

Transcription:

BSEE s Innovation Culture: Using Innovation to Balance the Historically Prescriptive Climate of Regulations Alton Payne, J.D., Ph.D. BSEE Regulations and Standards Branch 6 th Annual Composite Repair User s Group (CRUG) Conference & Exhibition September 15, 2016

BSEE Background Agenda Taxonomy: Innovation, Invention, Idea The impact of different regulatory regimes on innovation in the private sector The regulatory attributes that affect innovation BSEE s use of regulations to enhance innovation To promote safety, protect the environment and conserve resources offshore through vigorous regulatory oversight and enforcement.

BSEE Background To promote safety, protect the environment and conserve resources offshore through vigorous regulatory oversight and enforcement.

BSEE Organizational History

BSEE Demographics Staffing: 800 employees 170 engineers 110 inspectors Office Locations: Washington, DC, Sterling, VA, & Houston, TX Regional offices: 1. Gulf of Mexico New Orleans, LA 2. Pacific Camarillo, CA 3. Alaska Anchorage, AK

BSEE Offices BSEE Background

Not BSEE s Innovation Culture

Taxonomy: Innovation, Invention, Idea

What is innovation, invention, idea? Plato's "Allegory of the Cave From the Republic; drawing by Markus Maurer

What is innovation, invention, idea? I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description, and perhaps I could never succeed in intelligibly doing so. But I know it when I see it Justice Potter Stewart s concurring opinion in the 1964 case, Jacobellis v. Ohio, concerning the film The Lovers.

Idea: 1 a transcendent entity that is a real pattern of which existing things are imperfect representations 2 a visible representation of a conception 3 an indefinite or unformed conception 4 a formulated thought or opinion 5 whatever is known or supposed about something Per Merriam-Webster Dictionary

Invention: the initial development of an idea Patentable Invention must be: new, useful, unobvious

Innovation: the commercially successful application of an idea

Let s see faster than a speeding bullet strength of a thousand men can leap tall buildings in a single bound very impressive resume. How are you with Excel?

The impact of different regulatory regimes on innovation

Two Competing ways government regulation impacts innovation Compliance burden is a duty placed on firms, which can cause them to divert time and money from innovative activities to compliance efforts. Compliance innovation occurs when a regulation is sufficiently broad to allow a resulting product or process to remain within the scope of the regulation. Circumventive innovation occurs when the resulting innovation allows the firm to escape the regulatory constraints.

Compliance Innovation occurs either incrementally or radically Incremental innovation occurs when firms make phased improvements to existing products or processes, thereby improving preexisting attributes in order to meet the minimum regulatory criteria. Radical innovation replaces existing products or processes. Dud invention or Un-innovation occurs when the idea is not commercially successful. Radical innovation is costly, risky, and often seeking the extreme resulting in no commercial viability.

Regulation imposes a compliance burden that may require innovation for compliance Regulation that requires compliance innovation will result in incrementally new innovation, radically new innovation, or dud inventions.

Summary of Effective Regulatory Impacts Regulations that are effective at stimulating innovation will tend to require compliance innovation Regulations that are effective will minimize the compliance burden and mitigate the risks of producing dud inventions Incremental innovation provides more reliable outcomes, and is typically more attractive to firms as a means to comply with regulation Radical innovation can yield more benefits than incremental innovation, but with higher cost and risk of producing dud inventions

The regulatory attributes that affect innovation

Regulatory Uncertainty: The Deal Killer Regulatory uncertainty occurs when a firm or industry anticipates the enactment or implementation of a regulation at some time in the future.

The Effects of Regulatory Uncertainty may spur innovation prior to the regulation being enacted. may suspend investment in innovation until the regulatory uncertainty is reduced to a more comfortable level.

The 3 Innovation Dimensions of Regulation Flexibility describes the number of implementation paths firms have available for compliance. Stringency measures the degree to which a regulation requires compliance innovation and imposes a compliance burden on a firm. Information measures whether a regulation promotes more or less complete information in the market.

Regulation can change along the three innovation dimensions : stringency, flexibility, and information

The application of Stringency to regulation writing to promote Innovation To achieve regulatory outcome B, regulators can: (1) employ a moving target to increase stringency gradually, or (2) enact disruptive regulation and fully increase stringency all at once. Industry tends to take the least costly and risky path.

The application of Flexibility to regulation writing to promote Innovation A measure of flexibility pertains to the specificity of the regulation. Prescriptive regulations govern the material composition or the technical configuration of a product or process. Performance regulations set a benchmark for the performance of the product or process. They are more flexible than prescriptive regulations in that they allow firms to choose their own path to compliance.

Benefits of Flexibility in regulation writing 1. reduce the compliance burden 2. reduce the probability that the firm will produce a dud invention In both cases, the firm is required to be a more effective decision maker than the regulator.

I ll pause for a moment to let this information sink in.

SUMMARY Compliance burden. Compliance innovation: incremental innovation, radical innovation: dud inventions. Regulatory uncertainty: good - spurs innovation; bad - hinders innovation. How to use stringency, flexibility, & information in regulation writing to spur innovation.

BSEE s use of regulations to enhance innovation

Regulatory Challenges High activity level Low activity level Diverse operations Operating conditions Environmental conditions Range of technological needs

Innovation Enhancing Regulatory Initiatives Best Available and Safest Technology (BAST) Safety and Environmental Management Systems (SEMS) Alternate procedures or equipment (30 CFR 250.141) Risk-based inspections and permitting

What is BAST? Outer Continental Shelf Lands Act (OCSLA)..on all new drilling and production operations and, wherever practicable, on existing operations, the use of the best available and safest technologies which the Secretary determines to be economically feasible, wherever failure of equipment would have a significant effect on safety, health, or the environment, except where the Secretary determines that the incremental benefits are clearly insufficient to justify the incremental costs of utilizing such technologies. (43 U.S.C. 1347(b))

BAST Program Objectives Compliance with statutory mandate Focus on technological solutions to safety issues Focus on critical safety equipment Establish performance levels based on evaluation of available technology Consistent and verifiable testing Transparent process Stakeholder engagement Satisfies cost/benefit

BAST will NOT result in: Prescriptive requirements An automatic phase-out of existing technology An automatic review of existing systems and technology

What SEMS is What SEMS is not SEMS is not a compliance exercise. SEMS is a risk management practice. SEMS is not prescriptive SEMS is performance-based

Goals of the SEMS Regulation and of BSEE s approach to it. Implementation of a management system that identifies and mitigates risk in all operations on an OCS facility. Commitment to continual improvement in industrial practices to reduce the rates and severity of incidents. SEMS includes management of immediate and latent safety and environmental risks.

Achievements implemented by SEMS: Embraced the management system approach Successes are recognized and shared Coordination with other regulatory authorities Reduced tendency to use, or revert to, less disciplined approaches

Alternate procedures or equipment (30 CFR 250.141) 250.141 May I ever use alternate procedures or equipment? You may use alternate procedures or equipment after receiving approval as described in this section. (a) Any alternate procedures or equipment that you propose to use must provide a level of safety and environmental protection that equals or surpasses current BSEE requirements. (b) You must receive the District Manager's or Regional Supervisor's written approval before you can use alternate procedures or equipment. (c) To receive approval, you must either submit information or give an oral presentation to the appropriate Regional Supervisor. Your presentation must describe the site-specific application(s), performance characteristics, and safety features of the proposed procedure or equipment.

BSEE Innovation Enhancing Regulations Best Available and Safest Technology (BAST) Safety and Environmental Management Systems (SEMS) Alternate procedures or equipment (30 CFR 250.141) Risk-based inspections and permitting

Questions? To promote safety, protect the environment and conserve resources offshore through vigorous regulatory oversight and enforcement.

BSEE Website: www.bsee.gov @BSEEgov BSEEgov Bureau of Safety and Environmental Enforcement alton.payne@bsee.gov To promote safety, protect the environment and conserve resources offshore through vigorous regulatory oversight and enforcement.