United States Department of the InteriorBUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

Gulf of Mexico OCS Region120 I Elmwood Park BoulevardNew Orleans, LA 70123-2394

In Reply Refer To: MS GE 555A(FOIA Request No. 2013-00051)

JUH 2.7 2013

CERTIFIED MAIL -RETURN RECEIPT REQUESTED

Mr. David HammerWWL-TV1024 North Rampart StreetNew Orleans, Louisiana 70116

Dear Mr. Hammer:

This is in response to your Freedom of Information Act (FOIA)request, Number 2013-00051, sent via e-mail to the FOIA OfficeGulf of Mexico OCS Region mailbox on December 7, 2012.

In addition to the responsive reports our office is providing,we are also including a two-page document which provides for abetter of understanding of the INC-to-Component ratio tool ouroffice uses to promote safe and environmentally responsible oiland gas activities.

Your specific requests and our responses are as follows:

1) INC-to-Component Inspected report. This includes both thePlatform Operator Statistics and the Platform ParentOperator Statistics

Enclosed are 23 pages responsive to your request.reports were run with the date range of 1/1/09 toinstead of the date range of 1/1/09 to 12/5/12 asin your ForA request.

These two12/31/12you requested

2) BSEE's most recent Increased Oversight List

Enclosed are six pages responsive to your request.

3) Black Elk Energy's current INC-to-Component ratio

The Black Elk INC-to-Component ratio for the year ending 2012 is"0.0889", which is the last full year that inspections werecompleted.

4) The GOM industry's average INC-to-Component ratio

The GOM industry average INC-to-Component ratio for the yearending 2012 is "0.0396", which is the last full year thatinspections were completed.

5) The names of all GOM operators with worse INC-to-Componentratios than Black Elk and their ratios

This information is contained in the Platform Parent OperatorStatistics report from response number 1 above.

6) The names of all GOM operators who have completed a fullSEMS audit to date

7) Any correspondence or scheduling information regarding SEMSaudits

To clarify our previous response from April 26, 2013, in regardto item number 6, the GOM Region received 31 audit reports as ofApril 11, 2013, but, no audits were completed. A pilot auditmeeting was scheduled with one operator but was cancelled byBSEE (the responsive documents were sent to you with our partialresponse letter). Therefore, a list of operators were notprovided. This was the one and only operator contacted.According to the new Workplace Safety Rule (30 CFR 250.1900(Subpart S) which became effective on November 15, 2010, theoperators are required to implement their Safety andEnvironmental Management System (SEMS) program by November 15,2011, and submit their first completed SEMS audit report to theBureau of Safety and Environmental Enforcement (BSEE) byNovember 15, 2013.

If you consider this to be a partial denial of your request, youhave the right to appeal this decision. In accordance with 43CFR §§ 2.57 (a)(1) and 2.58(a), you may appeal this partialdenial of your request to the Department of the Interior's (theDepartment's) FOIA Appeals Officer. Your appeal must be

received by the Department's FOIA Appeals Officer no later than30 workdays from the date of this final response to yourrequest. Your appeal must be in writing and addressed to:

Freedom of Information Act Appeals OfficerDepartment of the InteriorOffice of the Solicitor1849 C Street, N.W., MS 6556Washington, D.C. 20240e-mail: FOIA.Appeals@sol.doi.gov

Appeals arriving or delivered after 5 p.m. E.T., Monday throughFriday, will be deemed received on the next workday. You mustinclude with your appeal copies of all correspondence betweenyou and the Bureau concerning your FOIA request, including acopy of your original FOIA request and this response letter,along with a brief statement of the reason why you believe thisdecision to be in error. Failure to include this documentationwith your appeal will result in the Department's rejection ofyour appeal. The appeal should be marked, both on the envelopeand the face of the letter, with the legend, "FREEDOM OFINFORMATION APPEAL."

The Office of Government Information Services (OGIS) was createdas part of the 2007 OPEN Government Act amendments to the FOIAto offer mediation services to resolve disputes between FOIArequesters and Federal agencies as a nonexclusive alternative tolitigation. Using OGIS services does not affect your right topursue litigation. You may contact OGIS at:

Office of Government Information Services (OGIS)National Achieves and Records Administration8601 Adelphia Road, Room 2510College Park, Maryland 20740-6001Phone: (301) 837-1996 (toll-free: 1-877-684-6448)Fax: (301) 837-0348Email: ogist@nara.gov

For your information, Congress excluded three discretecategories of law enforcement and national security records fromthe requirements of the FOIA. See 5 U.S.C § 552 (c) (2006 &

Supp. IV (2010). This response is limited to those records thatare subject to the requirements of the FOIA. This is a standardnotification that is given to all our requesters and should notbe taken as an indication that excluded records do, or do not,exist.

At this time, we consider this request completed. No fees willbe assessed for this information as it does not exceed theminimum set forth by our fee schedule.

If you have any questions please feel free to contact Ms. AngelaDistefano at (504) 731-7859 or bye-mail atangela.distefano@bsee.gov.

Sincerely,

Karen M. MillerFreedom of Information Officer

Enclosures