§ 3172.4 General.

(a) If an operator chooses to use higher rated equipment than that authorized in the Application for Permit to Drill (APD), testing procedures shall apply to the approved working pressures, not the upgraded higher working pressures. (b) Some situations may exist either on a well-by-well or field-wide basis whereby it is commonly accepted practice to vary a particular minimum standard(s) established in this subpart. This situation may be resolved by requesting a variance (see § 3172.13), by the inclusion of a stipulation to the APD, or by the issuance of a Notice to Lessees and Operators (NTL) by the appropriate BLM office. (c) When a violation is discovered, and if it does not cause or threaten immediate substantial and adverse impact on public health and safety, the environment, production accountability or royalty income, it will be classified as minor. The violation may be reissued as a major violation if not corrected during the abatement period and continued drilling has changed the adverse impact of the violation so that it meets the specific definition of a major violation. (d) This subpart is not intended to circumvent the reporting requirements or compliance aspects that may be stated elsewhere in existing NTLs, regulations, etc. A lessee's compliance with the requirements of the regulations in this subpart shall not relieve the lessee of the obligation to comply with other applicable laws and regulations in accordance with 43 CFR 3162.5-1(c). Lessees should give special attention to the automatic assessment provisions in 43 CFR 3163.1(b). (e) This subpart is based upon the assumption that operations have been approved in accordance with 43 CFR part 3160 and subpart 3171 of this part. Failure to obtain approval prior to commencement of drilling or related operations shall subject the operator to immediate assessment under 43 CFR 3163.1(b)(2).