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which are pertinent to occupational or public health, safety or
environmental protection, as may be requested.
396

Under the regulations applicable at the time of the Macondo blowout,
“operators” were the persons the lessee(s) designated as having control or
management of operations on the leased area or a portion thereof. An operator
could be a lessee, the MMS‐approved designated agent of the lessee(s), or the
holder of operating rights under an MMS‐approved operating rights assignment.
A “lessee” was a person who had entered into a lease with the United States to
explore for, develop, and produce the leased minerals. The term “lessee” also
applied to the MMS‐approved assignee of the lease, and the owner or the MMS‐
397
approved assignee of operating rights for the lease.

MMS was responsible for enforcing regulations governing drilling
operations contained in 30 CFR Part 250. Subpart D covered many aspects of
drilling operations, including permitting, casing requirements, cementing
requirements, diverter systems, BOP systems, drilling fluids requirements,
equipment testing, and reporting. MMS regulations made clear that lessees,
398
designated operators, and persons actually performing activities on the OCS
were “jointly and severally responsible” for complying with any regulation that
requires the lessee to meet a requirement or perform an action.
399

A. Permitting Process

Prior to drilling a well or sidetracking, bypassing, or deepening a well, the
operator had to obtain written approval from MMS. To obtain approval, the
operator had to:

(a) Submit the information required by 30 CFR § 250.411 through 250.418;
(b) Include the well in its approved Exploration Plan (“EP”), Development
and Production Plan (“DPP”), or Development Operations Coordination
Document (“DOCD”); (c) Meet the oil spill financial responsibility
requirements for offshore facilities as required by 30 CFR Part 253; and (d)

396 43 U.S.C. § 1348(b).
397 See 30 CFR § 250.105.
398 Subpart D applies to lessees, operating rights owners, operators, and their contractors and
subcontractors. 30 CFR § 250.400. For ease of reference, this portion of the report will use
“operator” to mean all of these entities, unless otherwise specified.
399 30 CFR § 250.146(c).

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