[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Proposed Rules]
[Pages 6149-6159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3200]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 251
RIN 1010-AC10
Geological and Geophysical (G&G) Explorations of the Outer
Continental Shelf
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Proposed rule.
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SUMMARY: We propose to revise the regulations that specify how to
conduct G&G exploration and research for oil, gas, and sulphur in the
Outer Continental Shelf (OCS) under a permit and to expand the
provisions governing research by requiring everyone conducting G&G
scientific research in the OCS without a permit to file a notice with
MMS. These revisions respond to changes in technology and practice.
DATES: MMS will consider all comments we receive by April 14, 1997. We
will begin reviewing comments then and may not fully consider comments
we receive after April 14, 1997.
ADDRESSES: Mail or hand-carry written comments to the Department of the
Interior, Minerals Management Service, Mail Stop 4700, 381 Elden
Street, Herndon, Virginia 20170-4817, Attention: John V. Mirabella,
Chief, Engineering and Standards Branch.
FOR FURTHER INFORMATION CONTACT: David R. Zinzer, Geologic Assessment
Branch, (703) 787-1515 or Kumkum Ray, Engineering and Standards Branch,
(703) 787-1600.
SUPPLEMENTARY INFORMATION: The Outer Continental Shelf Lands Act
(OCSLA) (43 U.S.C. 1331 et seq.) is the basis for MMS regulations to
administer G&G exploration and scientific research activities in the
OCS. Section 11(a) of the OCSLA provides authority for the Secretary of
the Interior (Secretary) to permit G&G exploration activities as
follows:
(a) Approved exploration plans.
(1) Any agency of the United States and any person authorized by
the Secretary may conduct geological and geophysical explorations in
the outer Continental Shelf, which do not interfere with or endanger
actual operations under any lease maintained or granted pursuant to
this Act, and which are not unduly harmful to aquatic life in such
area.
The regulations at 30 CFR part 251 implement the Secretary's
authority and prescribe:
(1) MMS requirements for a permit or the filing of a statement of
intent (notice) to conduct G&G exploration or scientific research in
the OCS,
(2) Operating procedures for conducting exploration or scientific
research,
(3) Conditions for reimbursing permittee for certain costs,
(4) Other conditions for conducting exploration and research, and
(5) Procedures for drilling deep stratigraphic tests in the OCS.
This proposed rule is especially timely now. Advances in 3-D
seismic
[[Page 6150]]
acquisition and processing, graphics imaging, modeling, and other
technologies have significantly increased exploration, especially in
deep water, subsalt plays, and in deeper horizons of the Gulf of Mexico
OCS.
I. Background for Expanding the Notice Requirement
The revised requirement for a notice before conducting any G&G
scientific research was developed to address instances in which
academic institutions conducted research and:
They or industry sponsors held the data and analyzed and
processed information as proprietary.
They also offered for sale at least some of the data and
information.
MMS defines such activities as G&G explorations and does not
consider them G&G scientific research. A permit is required for
exploration. For these reasons, the expanded notice requirement is
needed to keep MMS informed of any G&G scientific research conducted on
the OCS related to oil, gas, and sulphur. After receiving the notice,
MMS will inform those conducting research of all necessary
environmental regulations and laws. In this way, the researcher will be
better able to follow safe and environmentally sound practices.
II. Clarification of Meaning of Terms ``Transfer'' and ``Third
Party'
The current rule at Secs. 251.11 and 251.12 specifies what happens
when G&G data and information are transferred from one person to
another person. MMS lists in the proposed rule several different ways
by which a ``transfer'' can take place, for example, by sale, sale of
rights, license agreement, or trade. The proposed rule clarifies that
if a permittee transfers data and information to a third party, no
matter how that transfer is formulated or characterized by the
participants, the obligation to provide access to MMS of the data and
information is a condition of the transfer. Further, MMS clarifies that
all third party recipients of the data and information will be subject
to the penalty provisions of part 250, subpart N, if they fail to meet
the obligation to provide access. The term ``third party'' continues to
mean ``any person other than a representative of the United States or
the permittee'' as stated in the current rule. The proposed rule
clarifies that the third party includes ``all persons to whom the
permittee sold, licensed, traded, or otherwise transferred data or
information acquired under a permit.'' These clarifications are not new
requirements. MMS routinely obtains G&G data and information from
permittees and third parties to whom data and information were
transferred by a permittee.
MMS is including these clarifications in the proposed rule to
eliminate any confusion that may arise due to misinterpretation of the
rule. As mentioned earlier in the preamble, MMS administers G&G
exploration and certain scientific research on the public lands of the
OCS under the authority of the OCSLA. Since G&G exploration occurs on
public lands, the MMS, before issuing a permit, imposes the condition
that access to any data or information acquired must be provided to
MMS. The regulated community is aware before obtaining a permit and
expending any resources, or collecting any data and information, that
it must agree to provide MMS all the data and information MMS requests
and that MMS will pay reasonable costs for reproducing the data and
information.
III. Discussion of Proposed Rule
These revisions bring Part 251--Geological and Geophysical (G&G)
Explorations of the Outer Continental Shelf up to date with recent
changes in related regulations at 30 CFR part 250.
Section 251.1 of the proposed regulation updates the definition
list by removing unnecessary words and adding, modifying, or expanding
definitions.
Section 251.4(b)(2) explains that a notice will be required for all
G&G scientific research related to oil, gas, and sulphur conducted in
the OCS except for research requiring a permit.
Section 251.5(c)(7) clarifies that at the earliest possible time,
the data and information acquired through scientific research will be
made available to the public or the permittee or person filing a
notice.
Section 251.5(d) provides current addresses of MMS regional offices
as filing locations for permit applications and notices.
Section 251.6(c) adds requirements for consulting and coordinating
all G&G activities with other users of the area.
Section 251.7(d) changes the bond amount for drilling of a deep
stratigraphic test for a single test well, or for an area bond, to be
consistent with the current bonding requirements in 30 CFR part 256,
subpart I, for drilling under an Exploration Plan. MMS published a
proposed rule revising surety bond requirements on December 8, 1995 (60
FR 63011). After MMS publishes the final rule on surety bond
requirements, we will modify 30 CFR part 251 to reflect the changes.
Section 251.8(b) specifies that a permittee must request in writing
to modify or extend operations and could proceed with the modifications
only after the Regional Director approves them.
Section 251.8(c) directs a permittee to submit status reports on a
schedule specified in the permit rather than monthly. This would allow
variations in the reporting requirements among OCS Regions.
Section 251.8(c)(2)(ii) requires that the final report contain
digital navigational data in a format the Regional Director specifies
in addition to charts, maps, and plats.
Section 251.11 adds processed geological information to the types
of data requested throughout this section. The revision of
Sec. 251.11(b)(2) clarifies that washed samples may no longer replace
paleontological reports and, if maintained, should be made available
for MMS inspection if requested by the Regional Director. Sections
251.11(c) and 251.12(d) clarify that any transfer of geological or
geophysical data and information to a third party would transfer the
obligations to provide access to MMS as well. When the third party
accepts the transfer, it must also accept the obligation to provide
access and is subject to the penalty provisions of 30 CFR part 250
subpart N, if it fails to do so.
IV. Procedural Matters
Executive Order (E.O.) 12866
This proposed rule is not significant under E.O. 12866.
Regulatory Flexibility Act
The Department of the Interior (DOI) has determined that this
proposed rule will not have a significant economic effect on a
substantial number of small entities. In many ways MMS offers customer
service to a number of small companies that participate in G&G work. An
example is the northern Gulf of Mexico Oil and Gas Atlas which MMS
helped to develop. This atlas classifies reservoirs based upon geologic
and engineering parameters. The atlas will assist smaller oil and gas
companies to more efficiently discover and develop hydrocarbons in the
offshore northern Gulf of Mexico. The revised requirements in this
proposed rule contain simple and routine requirements that can be
carried out at a negligible cost. The benefits of the revisions are
many. MMS would inform those conducting G&G research of environmental
laws and regulations and thus ensure environmentally safe and sound
practices. The revisions would also help to minimize conflict with
other users of the area. The rule is in
[[Page 6151]]
``plain English'' so small companies unfamiliar with MMS regulations
will find it easier to follow.
Paperwork Reduction Act
This proposed rule contains a collection of information which has
been submitted to the Office of Management and Budget (OMB) for review
and approval under section 3507 (d) of the Paperwork Reduction Act of
1995. As part of our continuing effort to reduce paperwork and
respondent burdens, MMS invites the public and other Federal agencies
to comment on any aspect of the reporting burden. Submit your comments
to the Office of Information and Regulatory Affairs; OMB; Attention:
Desk Officer for the Department of the Interior (OMB control number
1010-0048); Washington, D.C. 20503. Send a copy of your comments to the
Chief, Engineering and Standards Branch; Mail Stop 4700; Minerals
Management Service; 381 Elden Street; Herndon, Virginia 20170-4817. You
may obtain a copy of the supporting statement for the collection of
information by contacting the Bureau's Information Collection Clearance
Officer at (703) 787-1242.
OMB may make a decision to approve or disapprove this collection of
information within 30 days after receipt of our request. Therefore,
your comments are best assured of being considered by OMB if they are
received within the time period. However, MMS will consider all
comments received during the comment period for this notice of proposed
rulemaking.
OMB previously approved the information collections in the current
30 CFR Part 251 under OMB control numbers 1010-0031, 1010-0034, 1010-
0036, and 1010-0048. For the proposed new rule, all of the requirements
will be included under OMB control number 1010-0048. The title of this
collection of information is ``30 CFR Part 251, Geological and
Geophysical (G&G) Explorations of the OCS.''
The collection of information in the proposed rule consists of:
(a) A permit application for conducting geological and geophysical
(G&G) exploration offshore or filing a notice for monitoring scientific
research activities (30 CFR 251.5). The notification requirement for
scientific research is new;
(b) Reporting the detection of hydrocarbon occurrences,
environmental hazards, or adverse effects (30 CFR 251.6(b);
(c) Informing others in the OCS area of your G&G activities (30 CFR
251.6(c));
(d) Information required for test drilling activities (30 CFR
251.7);
(e) Requesting reimbursement of expenses incurred when MMS inspects
your exploration activity (30 CFR 251.8(a));
(f) Requesting modifications to and reporting progress of
activities conducted under a permit (30 CFR 251.8(c));
(g) Notifying MMS to relinquish a permit (30 CFR 251.9(c)(2));
(h) Accurate and complete information on G&G data and information
and subsequent analyses and interpretations (30 CFR 251.11 and 251.12);
and
(i) Requesting reimbursement for costs of:
(1) Reproducing the data and information MMS selects; and
(2) Processing, or reprocessing certain geophysical information (30
CFR 251.13).
MMS needs and uses the information to ensure there is no
environmental degradation, personal harm, damage to historical or
archaeological sites, or interference with other uses; to analyze and
evaluate preliminary or planned drilling activities; to monitor
progress and activities in the OCS; to acquire geological and
geophysical data and information collected under a Federal permit
offshore; and to determine eligibility for reimbursement from the
government for certain costs.
Respondents represent the oil, gas, and sulphur industry or
academic institutions conducting G&G exploration or scientific research
on the Federal OCS. The frequency of response is on occasion, with the
exception of the status reports. The frequency of those will be
specified in the G&G permit.
The estimated annual reporting burden is 10,604 hours--an average
of 7.7 hours per response. Based on $35 per hour, the burden hour cost
to respondents is estimated to be $371,140. The estimate of other
annual costs to respondents is unknown.
MMS will summarize written responses to this notice and address
them in the final rule. All comments will become a matter of public
record.
1. MMS specifically solicits comments on the following questions:
(a) Is the proposed collection of information necessary for the
proper performance of MMS's functions, and will it be useful?
(b) Are the estimates of the burden hours of the proposed
collection reasonable?
(c) Do you have any suggestions that would enhance the quality,
clarity, or usefulness of the information to be collected?
(d) Is there a way to minimize the information collection burden on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other forms of information
technology?
2. In addition, the Paperwork Reduction Act of 1995 requires
agencies to estimate the total annual cost burden to respondents or
recordkeepers resulting from the collection of information. MMS needs
your comments on this item. Your response should split the cost
estimate into two components:
(a) Total capital and startup cost component and
(b) Annual operation, maintenance, and purchase of services
component.
Your estimates should consider the costs to generate, maintain, and
disclose or provide the information. You should describe the methods
you use to estimate major cost factors, including system and technology
acquisition, expected useful life of capital equipment, discount
rate(s), and the period over which you incur costs. Capital and startup
costs include, among other items, computers and software you purchase
to prepare for collecting information; monitoring, sampling, drilling,
and testing equipment; and record storage facilities. Generally, your
estimates should not include equipment or services purchased: before
October 1, 1995; to comply with requirements not associated with the
information collection; for reasons other than to provide information
or keep records for the Government; or as part of customary and usual
business or private practices.
The Paperwork Reduction Act of 1995 provides that an agency may not
conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
Takings Implication Assessment
The proposed rule does not represent a Government action capable of
interference with constitutionally protected property rights. A new
requirement in the rule is a notice for scientific research in the OCS.
Since MMS is not requiring the researcher to submit data and
information or analyses resulting from the research activity, there is
no direct or indirect taking.
The proposed rule also clarifies the terms ``transfer'' and ``third
party.'' When a permittee transfers data and information to a third
party, there is a transfer of the obligation to provide access to MMS
as well. Further, the recipient of the data and information is subject
to the same penalty provisions as the original permittee--if a third
party fails to provide access. These
[[Page 6152]]
clarifications better define existing requirements and add no new
requirements.
Other changes are not substantive or were made to put the
regulation into plain English. Thus, a Takings Implication Assessment
need not be prepared pursuant to E.O. 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights.''
Unfunded Mandates Reform Act of 1995
The DOI has determined and certifies according to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rule will not
impose a cost of $100 million or more in any given year on local,
tribal, and State governments, or the private sector.
E.O. 12988
The DOI has certified to OMB that the rule meets the applicable
reform standards provided in sections 3 (a) and 3 (b)(2) of E.O. 12988,
``Civil Justice Reform.''
National Environmental Policy Act
The DOI has also determined that this action does not constitute a
major Federal action affecting the quality of the human environment;
therefore, an Environmental Impact Statement is not required.
List of Subjects in 30 CFR Part 251
Continental shelf, Freedom of information, Oil and gas exploration,
Public lands-mineral resources, Reporting and recordkeeping
requirements, Research.
Dated: January 23, 1997.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, 30 CFR Part 251 is proposed
to be revised to read as follows:
PART 251--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE
OUTER CONTINENTAL SHELF (OCS)
Sec.
251.1 Definitions.
251.2 Purpose of this part.
251.3 Authority and applicability of this part.
251.4 Types of G&G activities that require permits or notices.
251.5 Applying for permits or filing notices.
251.6 Obligations and rights under a permit or a notice.
251.7 Test drilling activities under a permit.
251.8 Inspection and reporting requirements for activities under a
permit.
251.9 Temporarily stopping, canceling, or relinquishing activities
approved under a permit.
251.10 Penalties and appeals.
251.11 Inspection, selection, and submission of geological data and
information collected under a permit.
251.12 Inspection, selection, and submission of geophysical data
and information collected under a permit.
251.13 Reimbursement for the cost of reproducing data and
information and certain processing cost.
251.14 Protecting and disclosing data and information submitted to
MMS under a permit.
251.15 Authority for information collection.
Authority: 43 U.S.C. 1331 et seq.
Sec. 251.1 Definitions.
Terms used in this part have the following meaning:
Act means the OCS Lands Act, as amended (43 U.S.C. 1331 et seq.).
Analyzed geological information means data collected under a permit
or a lease that have been analyzed. Analysis may include but is not
limited to identification of lithologic and fossil content, core
analyses, laboratory analyses of physical and chemical properties, well
logs or charts, results from formation fluid tests, and descriptions of
hydrocarbon occurrences or hazardous conditions.
Archaeological resources means any material remains of human life
or activities that are at least 50 years of age and of archaeological
interest.
Coastal environment means the physical, atmospheric, and biological
components, conditions, and factors that interactively determine the
productivity, state, condition, and quality of the terrestrial
ecosystem from the shoreline inward to the boundaries of the coastal
zone.
Coastal Zone means the coastal waters (including the lands therein
and thereunder) and the adjacent shorelands (including the waters
therein and thereunder), strongly influenced by each other and in
proximity to the shorelines of the several coastal States and extends
seaward to the outer limit of the U.S. territorial sea. Section
305(b)(1) of the Coastal Zone Management Act identifies the inward
boundaries of several coastal States.
Coastal Zone Management Act means the Coastal Zone Management Act
of 1972, as amended (16 U.S.C. 1451 et seq.).
Data means facts, statistics, measurements, or samples that have
not been analyzed, processed, or interpreted.
Deep stratigraphic test means drilling that involves the
penetration into the sea bottom of more than 500 feet (152 meters).
Director means the Director of the Minerals Management Service,
U.S. Department of the Interior, or a subordinate authorized to act on
the Director's behalf.
Exploration means the commercial search for oil, gas, and sulphur.
Activities classified as exploration include but are not limited to:
(1) Geological and geophysical surveys where magnetic, gravity,
seismic reflection, seismic refraction, gas sniffers, coring, or other
systems are used to detect or imply the presence of oil, gas, or
sulphur; and
(2) Any drilling, whether on or off a geological structure.
Geological exploration means exploration that utilizes geological
and geochemical techniques (e.g., coring and test drilling, well
logging, and bottom sampling) to produce data and information on oil,
gas, and sulphur resources in support of possible exploration and
development activities. The term does not include geological scientific
research.
Geological and geophysical scientific research means any oil, gas,
or sulphur related investigation conducted in the OCS for scientific
and/or research purposes. Geological, geophysical, and geochemical data
and information gathered and analyzed are made available to the public
for inspection and reproduction at the earliest possible time. The term
does not include commercial geological or geophysical exploration.
Geophysical exploration means exploration that utilizes geophysical
techniques (e.g., gravity, magnetic, or seismic) to produce data and
information on oil, gas, and sulphur resources in support of possible
exploration and development activities. The term does not include
geophysical scientific research.
Governor means the Governor of a State or the person or entity
lawfully designated to exercise the powers granted to a Governor
pursuant to the Act.
Human environment means the physical, social, and economic
components, conditions, and factors. These factors interactively
determine the quality of life of those affected, directly or
indirectly, by OCS activities.
Hydrocarbon occurrence means the direct or indirect detection
during drilling operations of any liquid or gaseous hydrocarbons by
examination of well cuttings, cores, gas detector readings, formation
fluid tests, wireline logs, or by any other means. The term does not
include background gas, minor accumulations of gas, or heavy oil
residues on cuttings and cores.
[[Page 6153]]
Information means geological and geophysical data that have been
analyzed, processed, or interpreted.
Interpreted geological information means knowledge, often in the
form of schematic cross sections, 3-dimensional representations, and
maps, developed by determining the geological significance of
geological data and analyzed geologic information.
Interpreted geophysical information means knowledge, often in the
form of seismic cross sections, 3-dimensional representations, and
maps, developed by determining the geological significance of
geophysical data and processed geophysical information.
Lease means:
(1) Any form of authorization which is issued under section 8 or
maintained under section 6 of the Act and which authorizes exploration
for, and/or development and production of, minerals; or
(2) The area covered by such authorization, whichever is required
by the context.
Lessee has the same meaning as provided in 30 CFR 250.2.
Marine environment means the physical, atmospheric, and biological
components, conditions, and factors that interactively determine the
quality of the marine ecosystem in the coastal zone and in the OCS.
Minerals means oil, gas, sulphur, geopressured-geothermal and
associated resources, and all other minerals which are authorized by an
Act of Congress to be produced from ``public lands'' as defined in
section 103 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702).
Notice means a written statement of intent to conduct geological or
geophysical scientific research related to oil, gas, and sulphur in the
OCS other than under a permit.
Oil, gas, and sulphur means oil, gas, sulphur, geopressured-
geothermal, and associated resources.
Outer Continental Shelf (OCS) means all submerged lands lying
seaward and outside the area of lands beneath navigable waters as
defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), and
of which the subsoil and seabed appertain to the United States and are
subject to its jurisdiction and control.
Permit means the contract or agreement, other than a lease, issued
pursuant to this part, under which a person acquires the right to
conduct in the OCS:
(1) Geological exploration for mineral resources;
(2) Geophysical exploration for mineral resources;
(3) Geological scientific research; or
(4) Geophysical scientific research in accordance with appropriate
statutes, regulations, and stipulations.
Permittee means the person authorized by a permit issued pursuant
to this part to conduct activities in the OCS.
Person means a citizen or national of the United States; an alien
lawfully admitted for permanent residence in the United States as
defined in section 8 U.S.C. 1101(a)(20); a private, public, or
municipal corporation organized under the laws of the United States or
of any State or territory thereof; and associations of such citizens,
nationals, resident aliens, or private, public, or municipal
corporations, States, or political subdivisions of States or anyone
operating in a manner provided for by treaty or other applicable
international agreements. The term does not include Federal agencies.
Processed geological or geophysical information means data
collected under a permit and later processed or reprocessed. Processing
involves changing the form of data so as to facilitate interpretation.
Processing operations may include, but are not limited to, applying
corrections for known perturbing causes, rearranging or filtering data,
and combining or transforming data elements. Reprocessing is the
additional processing other than ordinary processing used in the
general course of evaluation. Reprocessing operations may include
varying identified parameters for the detailed study of a specific
problem area.
Secretary means the Secretary of the Interior or a subordinate
authorized to act on the Secretary's behalf.
Shallow test drilling means drilling into the sea bottom to depths
less than those specified in the definition of a deep stratigraphic
test.
Third Party means any person other than a representative of the
United States or the permittee, including all persons to whom the
permittee sold, licensed, traded, or otherwise transferred data or
information acquired under a permit.
Violation means a failure to comply with any provision of the Act,
or a provision of a regulation or order issued under the Act, or any
provision of a lease, license, or permit issued under the Act.
You means a person who inquires about or obtains a permit or files
a notice to conduct geological or geophysical exploration or scientific
research related to oil, gas, and sulphur in the OCS.
Sec. 251.2 Purpose of this part.
(a) To allow you to conduct G&G activities in the OCS related to
oil, gas, and sulphur on unleased lands or on lands under lease to a
third party.
(b) To ensure that you carry out G&G activities in a safe and
environmentally sound manner so as to prevent harm or damage to, or
waste of, any natural resources (including any mineral deposit in areas
leased or not leased), any life (including fish and other aquatic
life), property, or the marine, coastal, or human environment.
(c) To inform you of your legal and contractual obligations.
Sec. 251.3 Authority and applicability of this part.
MMS authorizes you to conduct exploration or scientific research
activities under this part in accordance with the Act, the regulations
in this part, orders of the Director/Regional Director, and other
applicable statutes, regulations, and amendments.
(a) This part does not apply to G&G exploration conducted by or on
behalf of the lessee on a lease in the OCS. Refer to 30 CFR part 250 if
you plan to conduct G&G activities related to oil, gas, or sulphur
under terms of a lease.
(b) Federal agencies are exempt from the regulations in this part.
(c) G&G exploration or G&G scientific research related to minerals
other than oil, gas, and sulphur is covered by regulations at 30 CFR
part 280.
Sec. 251.4 Types of G&G activities that require permits or notices.
(a) Exploration. You must have an MMS-approved permit to conduct
G&G exploration, including deep stratigraphic tests, for oil, gas, or
sulphur resources. If you conduct both geological and geophysical
exploration, you must have a separate permit for each.
(b) Scientific research. You may only conduct G&G scientific
research related to oil, gas, and sulphur in the OCS after you obtain
an MMS-approved permit or file a notice.
(1) Permit. You must obtain a permit if the research activities you
propose to conduct involve:
(i) Using solid or liquid explosives; or
(ii) Drilling a deep stratigraphic test.
(2) Notice. Any other G&G scientific research that you conduct
related to oil, gas, and sulphur in the OCS requires you to file a
notice with the Regional Director at least 30 days before you begin. If
circumstances preclude a 30-day notice, you must provide oral notice
and followup in writing. You must also notify MMS in writing when you
conclude your work.
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Sec. 251.5 Applying for permits or filing notices.
(a) Permits. You must submit the original and three copies of the
MMS permit application form (Form MMS-327). The form includes names of
persons, type, location, purpose, and dates of activity, and
environmental and other information.
(b) Disapproval of permit application. If MMS disapproves your
application for a permit, the Regional Director will state the reasons
for the denial and will advise you of the changes needed to obtain
approval.
(c) Notices. You must sign and date a notice and state:
(1) The name(s) of the person(s) who will conduct the proposed
research;
(2) The name of any other person(s) participating in the proposed
research, including the sponsor;
(3) The type of research and a brief description of how you will
conduct it;
(4) The location in the OCS, indicated on a map, plat, or chart,
where you will conduct research;
(5) The proposed dates you project for your research activity to
start and end;
(6) The name, registry number, registered owner, and port of
registry of vessels used in the operation;
(7) The earliest time you expect to make the data and information
resulting from your research activity available to the public;
(8) Your plan of how you will make the data and information you
collected available to the public;
(9) That you and others involved will not sell or withhold for
exclusive use the data and information resulting from your research;
and
(10) At your option, you may submit (as a substitute for the
material required in paragraphs (c)(7), (c)(8), and (c)(9) of this
section) the nonexclusive use agreement for scientific research
attachment to Form 327.
(d) Filing locations. You must apply for a permit or file a notice
at one of the following locations:
(1) For the OCS off the State of Alaska--the Regional Supervisor
for Resource Evaluation, Minerals Management Service, Alaska OCS
Region, 949 East 36th Avenue, Anchorage, Alaska 99508-4302.
(2) For the OCS off the Atlantic Coast and in the Gulf of Mexico--
the Regional Supervisor for Resource Evaluation, Minerals Management
Service, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New
Orleans, Louisiana 70123-2394.
(3) For the OCS off the coast of the States of California, Oregon,
Washington, or Hawaii--the Regional Supervisor for Resource Evaluation,
Minerals Management Service, Pacific OCS Region, 770 Paseo Camarillo,
Camarillo, California 93010-6064.
Sec. 251.6 Obligations and rights under a permit or a notice.
While conducting G&G exploration or scientific research activities
under an MMS permit or notice:
(a) You must not:
(1) Interfere with or endanger operations under any lease, or
right-of-way, or permit issued or maintained under the Act;
(2) Cause harm or damage to life (including fish and other aquatic
life) or to the marine, coastal, or human environment;
(3) Cause harm or damage to property or to any mineral (in areas
leased or not leased);
(4) Cause pollution;
(5) Disturb archaeological resources;
(6) Create hazardous or unsafe conditions; or
(7) Interfere with or cause harm to other uses of the area.
(b) You must immediately report to the Regional Director if you:
(1) Detect hydrocarbon occurrences;
(2) Detect environmental hazards which imminently threaten life and
property; or
(3) Adversely affect the environment, aquatic life, archaeological
resources, or other uses of the area where you are conducting
exploration or scientific research activities.
(c) You must also consult and coordinate your G&G activities with
other users of the area, such as the fishing, marine transportation,
oil and gas, and geophysical survey industries, U.S. Navy, Coast Guard,
etc.
(d) You must use the best available and safest technologies that
the Regional Director determines to be economically feasible.
(e) You may not claim any oil, gas, sulphur, or other minerals you
discover while conducting operations under a permit or notice.
Sec. 251.7 Test drilling activities under a permit.
(a) Shallow test drilling. Before you begin shallow test drilling
under a permit, the Regional Director may require you to:
(1) Gather and submit seismic, bathymetric, sidescan sonar,
magnetometer, or other geophysical data and information to determine
shallow structural detail across and in the vicinity of the proposed
test.
(2) Submit information for coastal zone consistency certification
according to paragraphs (b)(3) and (b)(4) of this section and for
protecting archaeological resources according to paragraph (b)(5) of
this section.
(3) Allow all interested parties the opportunity to participate in
the shallow test according to paragraph (c) of this section and meet
bonding requirements according to paragraph (d) of this section.
(b) Deep stratigraphic tests. You must submit to the Regional
Director at the address given in Sec. 251.5, a drilling plan, an
environmental report, and an application for permit to drill as
follows:
(1) Drilling plan. The drilling plan must include:
(i) The proposed type, sequence, and timetable of drilling
activities;
(ii) A description of your drilling rig, indicating the important
features with special attention to safety, pollution prevention, oil-
spill containment and cleanup plans, and onshore disposal procedures;
(iii) The location of each deep stratigraphic test you will
conduct, including the location of the surface and projected bottomhole
of the borehole;
(iv) The types of geophysical survey instruments you will use
before and during drilling;
(v) Seismic, bathymetric, sidescan sonar, magnetometer, or other
geophysical data and information sufficient to evaluate seafloor
characteristics, shallow geologic hazards, and structural detail across
and in the vicinity of the proposed test to the total depth of the
proposed test well; and
(vi) Other relevant data and information that the Regional Director
requires.
(2) Environmental report. The environmental report must include all
of the following material:
(i) A summary with data and information available at the time you
submitted the related drilling plan. MMS will consider site-specific
data and information developed since the most recent environmental
impact statement or other environmental impact analysis in the
immediate area. The summary must meet the following requirements:
(A) You must concentrate on the issues specific to the site(s) of
drilling activity. However, you only need to summarize data and
information discussed in any environmental reports, analyses, or impact
statements prepared for the geographic area of the drilling activity.
(B) You must list referenced material. Include brief descriptions
and a statement of where the material is available for inspection.
[[Page 6155]]
(C) You must refer only to data that are available to MMS.
(ii) Details about your project such as:
(A) A list and description of new or unusual technologies;
(B) The location of travel routes for supplies and personnel;
(C) The kinds and approximate levels of energy sources;
(D) The environmental monitoring systems; and
(E) Suitable maps and diagrams showing details of the proposed
project layout.
(iii) A description of the existing environment. For this section,
you must include the following information on the area:
(A) Geology;
(B) Physical oceanography;
(C) Other uses of the area;
(D) Flora and fauna;
(E) Existing environmental monitoring systems; and
(F) Other unusual or unique characteristics that may affect or be
affected by the drilling activities.
(iv) A description of the probable impacts of the proposed action
on the environment and the measures you propose for mitigating these
impacts.
(v) A description of any unavoidable or irreversible adverse
effects on the environment that could occur.
(vi) Other relevant data that the Regional Director requires.
(3) Copies for coastal States. You must submit copies of the
drilling plan and environmental report to the Regional Director for
transmittal to the Governor of each affected coastal State and the
coastal zone management agency of each affected coastal State that has
an approved program under the Coastal Zone Management Act. (The
Regional Director will make the drilling plan and environmental report
available to appropriate Federal agencies and the public according to
DOI policies and procedures.)
(4) State concurrence. When required under an approved coastal zone
management program of an affected State, your proposed activities must
receive State concurrence before the Regional Director can approve the
activities.
(5) Protecting archaeological resources. The Regional Director may
require you to conduct and submit studies that determine whether any
archaeological resources exist in the area that the drilling may
affect.
(i) You must include a description of any archaeological resources
you detect.
(ii) You must not take any action that could disturb the
archaeological resources.
(iii) If you discover any archaeological resource after you submit
the study results (i.e., during site preparation or drilling), you must
immediately halt operations within the area of discovery, and you must
report the discovery to the Regional Director.
(iv) If investigations determine that the resource is significant,
the Regional Director will inform you how to protect it. You must make
every reasonable effort to protect the archaeological resource from
damage until the Regional Director has given you further directions for
preserving it.
(6) Application for permit to drill (APD). Before commencing deep
stratigraphic test drilling activities under an approved drilling plan,
you must submit an APD and receive approval. You must comply with all
regulations relating to drilling operations in 30 CFR part 250.
(7) Revising an approved drilling plan. Before you revise an
approved drilling plan, you must obtain the Regional Director's
approval.
(8) After drilling. When you complete the test activities, you must
permanently plug and abandon the borehole of all deep stratigraphic
tests in compliance with 30 CFR part 250. If the tract on which you
conducted a deep stratigraphic test is leased to another party for
exploration and development, and if the lessee has not disturbed the
borehole, MMS will hold you and not the lessee responsible for problems
associated with the test hole.
(9) Deadline for completing a deep stratigraphic test. If your deep
stratigraphic test well is within 50 geographic miles of a tract that
MMS has identified for a future lease sale, as listed on the currently
approved OCS leasing schedule, you must complete all drilling
activities and submit the data and information to the Regional Director
at least 60 days before the first day of the month in which MMS
schedules the lease sale. However, the Regional Director may extend
your permit duration to allow you to complete drilling activities and
submit data and information if the extension is in the national
interest.
(c) Group participation in test drilling. MMS encourages group
participation for deep stratigraphic tests.
(1) Purpose of group participation. The purpose is to minimize
duplicative G&G activities involving drilling into the seabed of the
OCS.
(2) Providing opportunity for participation in a deep stratigraphic
test. When you propose to drill a deep stratigraphic test, you must
give all interested persons an opportunity to participate in the test
drilling through a signed agreement on a cost-sharing basis. You may
include a penalty for late participation of not more than 100 percent
of the cost to each original participant in addition to the original
share cost.
(i) The participants must assess and distribute penalties in
accordance with the terms of the agreement.
(ii) For a significant hydrocarbon occurrence that the Regional
Director announces to the public, the penalty for subsequent late
participants may be raised to not more than 300 percent of the cost of
each original participant in addition to the original share cost.
(3) Providing opportunity for participation in a shallow test
drilling project. When you apply to conduct shallow test drilling
activities, you must, if ordered by the Regional Director or required
by the permit, give all interested persons an opportunity to
participate in the test activity on a cost-sharing basis. You may
include a penalty provision for late participation of not more than 50
percent of the cost to each original participant in addition to the
original share cost.
(4) Procedures for group participation in drilling activities. You
must:
(i) Publish a summary statement that describes the approved
activity in a relevant trade publication;
(ii) Forward a copy of the published statement to the Regional
Director;
(iii) Allow at least 30 days from the summary statement publication
date for other persons to join as original participants;
(iv) Compute the estimated cost by dividing the estimated total
cost of the program by the number of original participants; and
(v) Furnish the Regional Director with a complete list of all
participants before starting operations or at the end of the
advertising period if you begin operations before the advertising
period is over. Forward the names of all late participants to the
Regional Director.
(5) Changes to the original application for test drilling. If you
propose changes to the original application and the Regional Director
determines that the changes are significant, the Regional Director will
require you to publish the changes for an additional 30 days to give
other persons a chance to join as original participants.
(d) Bonding requirements. You must submit a bond under this part
before you may start a deep stratigraphic test. You must submit a bond
for shallow drilling if the Regional Director so requires.
(1) Before MMS authorizes the drilling of a deep stratigraphic
test, you must furnish to MMS:
(i) A corporate surety bond in the amount specified at 30 CFR
256.61(a)(1)
[[Page 6156]]
conditioned on compliance with the terms of the permit.
(ii) An areawide bond in the amount specified at 30 CFR
256.61(a)(2) conditioned on compliance with the terms of the permit
issued to you.
(2) If the Regional Director requires a bond for shallow drilling,
you must furnish the appropriate bond.
(3) Any bond you furnish or maintain under this section must be on
a form that the Regional Director has approved or prescribed.
(4) The Regional Director may require additional security in the
form of a supplemental bond or bonds or increase the coverage of an
existing surety bond when the Regional Director deems that additional
security is necessary.
Sec. 251.8 Inspection and reporting requirements for activities under
a permit.
(a) Inspection of permit activities. You must allow MMS
representatives to inspect your exploration or scientific research
activities under a permit. They will determine whether operations are
adversely affecting the environment, aquatic life, archaeological
resources, or other uses of the area. MMS will reimburse you for food,
quarters, and transportation that you provide for MMS representatives
if you send in your reimbursement request within 90 days of the
inspection.
(b) Approval for modifications. Before you begin modified
operations, you must submit a written request describing the
modifications and receive the Regional Director's oral or written
approval.
(c) Reports. (1) You must submit status reports on a schedule
specified in the permit and include a daily log of operations.
(2) You must submit a final report of exploration or scientific
research activities under a permit within 30 days after the completion
of activities. You may combine the final report with the last status
report and must include:
(i) A description of the work performed.
(ii) Charts, maps, plats, and digital navigational data in a format
specified by the Regional Director, showing the areas and blocks in
which any exploration or permitted scientific research activities were
conducted. Identify the lines of geophysical traverses and their
locations including a reference sufficient to identify the data
produced during each activity.
(iii) The dates on which you conducted the actual exploration or
scientific research activities.
(iv) A summary of any:
(A) Hydrocarbon or sulphur occurrences encountered;
(B) Environmental hazards; and
(C) Adverse effects of the exploration or scientific research
activities on the environment, aquatic life, archaeological resources,
or other uses of the area in which the activities were conducted.
(v) Other descriptions of the activities conducted as specified by
the Regional Director.
Sec. 251.9 Temporarily stopping, canceling, or relinquishing
activities approved under a permit.
(a) MMS may temporarily stop exploration or scientific research
activities under a permit when the Regional Director determines that:
(1) Activities pose a threat of serious, irreparable, or immediate
harm. This includes damage to life (including fish and other aquatic
life), property, any mineral deposit (in areas leased or not leased),
to the marine, coastal, or human environment, or to an archaeological
resource;
(2) You failed to comply with any applicable law, regulation,
order, or provision of the permit. This would include MMS's required
submission of reports and well records or logs within the time
specified; or
(3) Stopping the activities is in the interest of national security
or defense.
(b) Procedures to temporarily stop activities. (1) The Regional
Director will notify you either orally or in writing. MMS will confirm
an oral notification in writing and deliver all written notifications
by courier or certified or registered mail. You must halt all
activities under a permit as soon as you receive an oral or written
notification.
(2) The Regional Director will notify you when you may start your
permit activities again.
(c) Procedure to cancel or relinquish a permit. The Regional
Director may cancel, or a permittee may relinquish, a permit at any
time.
(1) If MMS cancels your permit, the Regional Director will notify
you by certified or registered mail 30 days before the cancellation
date and will state the reason.
(2) You may relinquish the permit by notifying the Regional
Director by certified or registered mail 30 days in advance.
(3) After MMS cancels your permit or you relinquish it, you are
still responsible for proper abandonment of any drill sites in
accordance with the requirements of Sec. 251.7 (b)(8). You must also
comply with all other obligations specified in this part or in the
permit.
Sec. 251.10 Penalties and appeals.
(a) Penalties for noncompliance under a permit issued by MMS. You
are subject to the penalty provisions of:
(1) Section 24 of the Act (43 U.S.C. 1350); and
(2) The procedures contained in 30 CFR part 250, subpart N, for
noncompliance with:
(i) Any provision of the Act;
(ii) Any provision of the permit; or
(iii) Any regulation or order issued under the Act.
(b) Penalties under other laws and regulations. The penalties
prescribed in this section are in addition to any other penalty imposed
by any other law or regulation.
(c) Procedures to appeal orders or decisions MMS issues. You may
appeal any orders or decisions that MMS issues under the regulations in
this part by referring to 30 CFR part 290. When you file an appeal with
the Director, you must continue to follow all requirements for
compliance with an order or decision other than payment of a civil
penalty.
Sec. 251.11 Inspection, selection, and submission of geological data
and information collected under a permit.
(a) Availability of geological data and information collected under
a permit. (1) You must notify the Regional Director immediately, in
writing, after you acquire, analyze, process, or interpret geological
data and information.
(2) Within 30 days of the Regional Director's request, you must
inform MMS in writing of subsequent analysis, processing, or
interpretation of geological data and information.
(3) The Regional Director may, at some time, request that you
submit the analyzed, processed, and interpreted geologic data and
information for inspection and/or permanent retention by MMS.
(b) Submission of geological data and information collected under a
permit. Unless the Regional Director specifies otherwise, geological
data and information must include:
(1) An accurate and complete record of all geological (including
geochemical) data and information describing each operation of
analysis, processing, and interpretation;
(2) Paleontological reports identifying microscopic fossils by
depth, including the reference datum to which paleontological sample
depths are related; and, if the Regional Director requests, washed
samples that you maintain for paleontological determinations;
(3) Copies of well logs or charts in a digital format, if
available;
[[Page 6157]]
(4) Results and data obtained from formation fluid tests;
(5) Analyses of core or bottom samples and/or a representative cut
or split of the core or bottom sample;
(6) Detailed descriptions of any hydrocarbons or hazardous
conditions encountered during operations, including near losses of well
control, abnormal geopressures, and losses of circulation; and
(7) Other geological data and information that the Regional
Director may specify.
(c) Permit obligations when transferring geological data and
information to a third party. If you transfer geological data and
information, in any manner, such as by sale, sale of rights, license
agreement, or trade to a third party; or if a third party transfers
data and information to another third party, the recipient of the data
and information assumes the obligations of a permittee under this
section and is subject to the penalty provisions of subpart N of part
250.
(1) The party transferring the data and information must notify the
recipient, in writing, that accepting these obligations is a condition
of the transfer. The recipient must accept those obligations before the
transfer of data and information can occur.
(2) The party transferring the data and information must notify the
Regional Director of the transfer of the data and information within 30
days of transfer.
Sec. 251.12 Inspection, selection, and submission of geophysical data
and information collected under a permit.
(a) Availability of geophysical data and information collected
under a permit. (1) You must notify the Regional Director immediately,
in writing, after you initially acquire, process, and interpret any
geophysical data and information you collect under a permit.
(2) Within 30 days of a request from the Regional Director, you
must inform MMS in writing of the availability of any geophysical data
and information that you further processed or interpreted.
(b) Review and selection of geophysical data and information
collected under a permit. The Regional Director is authorized to
inspect geophysical data and information before making a final
selection for retention. MMS representatives may inspect and select the
data and information on your premises, or the Regional Director can
request that you deliver data and information to the appropriate MMS
regional office for review.
(1) You must submit the geophysical data and information within 30
days of receiving the request, unless the Regional Director extends the
delivery time.
(2) At any time before final selection, the Regional Director may
return any or all geophysical data and information following review.
You will be notified in writing of all or portions of those data the
Regional Director decides to retain.
(c) Submission of geophysical data and information collected under
a permit. Unless the Regional Director specifies otherwise, you must
include:
(1) An accurate and complete record of each geophysical survey
conducted under the permit, including digital navigational data and
final location maps;
(2) All seismic data developed under a permit presented in a format
and of a quality suitable for processing;
(3) Processed geophysical information derived from seismic data
with extraneous signals and interference removed, presented in a
quality format suitable for interpretive evaluation, reflecting state-
of-the-art processing techniques; and
(4) Other geophysical data, processed geophysical information, and
interpreted geophysical information including, but not limited to,
shallow and deep subbottom profiles, bathymetry, sidescan sonar,
gravity and magnetic surveys, and special studies such as refraction
and velocity surveys.
(d) Permit obligations when transferring geophysical data and
information to a third party. If you transfer geophysical data,
processed geophysical information, or interpreted geophysical
information in any manner, such as by sale of rights, license
agreement, or trade to a third party; or if a third party transfers the
data and information to another third party, the recipient of the data
and information assumes the obligations of a permittee under this
section and is subject to the penalty provisions of part 250, subpart
N.
(1) The party that transfers the data and information must notify
the recipient of the data, in writing, that accepting these obligations
is a condition of the transfer. The recipient must accept those
obligations before the transfer of data and information can occur.
(2) The party that transfers the data and information must notify
the Director of the transfer of the data and information within 30 days
of transfer, unless the transfer is by means of a license agreement.
(3) If the transfer is by means of a license agreement, you or the
next transferor must notify the Regional Director of any transfers of
data and information within 30 days of a request by the Regional
Director.
Sec. 251.13 Reimbursement for the costs of reproducing data and
information and certain processing cost.
(a) MMS will reimburse you or a third party for reasonable costs of
reproducing data and information that the Regional Director requests
if:
(1) You deliver G&G data and information to MMS for the Regional
Director to review, or select and retain (according to Secs. 251.11 or
251.12);
(2) MMS receives your request for reimbursement and the Regional
Director determines that the requested reimbursement is proper; and
(3) The cost is at your lowest rate (or a third party's) or at the
lowest commercial rate established in the area, whichever is less.
(b) MMS will reimburse you or the third party for the reasonable
costs of processing geophysical information (which does not include
cost of data acquisition):
(1) If at the request of the Regional Director, you processed the
geophysical data or information in a form or manner other than that
used in the normal conduct of business; or
(2) If you collected the information under a permit that MMS issued
to you before October 1, 1985, and the Regional Director requests and
retains the information.
(c) When you request reimbursement, you must identify reproduction
and processing costs separately from acquisition costs.
(d) MMS will not reimburse you or a third party for data
acquisition costs or for the costs of analyzing or processing
geological information or interpreting geological or geophysical
information.
Sec. 251.14 Protecting and disclosing data and information submitted
to MMS under a permit.
(a) Disclosure of data and information to the public by MMS. (1) In
making data and information available to the public, the Regional
Director will follow the applicable requirements of:
(i) The Freedom of Information Act (5 U.S.C. 552);
(ii) The implementing regulations at 43 CFR part 2;
(iii) The Act; and
(iv) The regulations at 30 CFR parts 250 and 252 of this chapter.
(2) Except as specified in this section or in 30 CFR parts 250 and
252, if the Director determines any data or information is exempt from
public disclosure under paragraph (a) of this section, MMS will not
provide the data and information to any State or to the
[[Page 6158]]
executive of any local government or to the public, unless you and all
third parties agree to the disclosure. (Third party includes all
persons to whom you sold, licensed, traded, or otherwise transferred
the data or information.)
(3) When you detect any significant hydrocarbon occurrences or
environmental hazards on unleased lands during drilling operations, the
Regional Director will immediately issue a public announcement. The
announcement must further the national interest but without unduly
damaging your competitive position.
(b) Timetable for release of G&G data and information that MMS
acquires. MMS will release data and information that you or a third
party submits and MMS retains in accordance with paragraphs (b)(1) and
(b)(2) of this section.
(1) If the data and information are not related to a deep
stratigraphic test, MMS will release them to the public in accordance
with the following table:
------------------------------------------------------------------------
If you or a third party submits and MMS The Regional Director will
retains disclose them to the public
------------------------------------------------------------------------
Geological data and information........... 10 years after issuing the
permit.
Geophysical data.......................... 50 years after you submit
the data.
Geophysical information................... 25 years after you submit
the information.
------------------------------------------------------------------------
(2) If the data and information are related to a deep stratigraphic
test, MMS will release them to the public at the earlier of the
following times:
(i) Twenty-five years after you complete the test; or
(ii) If a lease sale is held after you complete a test well, 60
calendar days after MMS issues the first lease, a portion of which is
located within 50 geographic miles (92.7 kilometers) of the test.
(c) Procedure that MMS follows to disclose acquired data and
information to a contractor for reproduction, processing, and
interpretation. (1) When practicable, the Regional Director will notify
you of the intent to disclose the data or information to an independent
contractor or agent.
(2) The notice will give you at least 5 working days to comment on
the action.
(3) When the Regional Director notifies you, all other owners of
such data or information will be considered to have been so notified.
(4) Before disclosure, the contractor or agent must sign a written
commitment not to transfer or disclose data or information to anyone
without the Regional Director's consent.
(d) Sharing data and information with coastal States. (1) When MMS
solicits nominations for leasing lands located within 3 geographic
miles (5.6 kilometers) of the seaward boundary of any coastal State,
the Regional Director in accordance with 30 CFR 252.7 (a)(4) and (b)
and subsections 8(g) and 26(e) of the Act (43 U.S.C. 1337(g) and
1352(e)) will provide the Governor with:
(i) All information on the geographical, geological, and ecological
characteristics of the areas and regions MMS proposes to offer for
lease;
(ii) An estimate of the oil and gas reserves in the areas proposed
for leasing; and
(iii) An identification of any field, geological structure, or trap
on the OCS within 3 geographic miles (5.6 kilometers) of the seaward
boundary of the State.
(2) After receiving nominations for leasing an area of the OCS
within 3 geographic miles of the seaward boundary of any coastal State,
MMS will carry out a tentative area identification according to 30 CFR
part 256, subparts D and E. At that time, the Regional Director will
consult with the Governor to determine whether any tracts further
considered for leasing may contain any oil or gas reservoirs that
underlie both the OCS and lands subject to the jurisdiction of the
State.
(3) Before a sale, if a Governor requests, the Regional Director,
in accordance with 30 CFR 252.7(a)(4) and (b) and sections 8(g) and
26(e) of the Act (43 U.S.C. 1337(g) and 1352(e)) will share with the
Governor information that identifies potential and/or proven common
hydrocarbon bearing areas within 3 geographic miles of the seaward
boundary of that State.
(4) Knowledge received by the State official who receives
information described in paragraph (d) of this section is subject to
applicable confidentiality requirements of:
(i) The Act; and
(ii) The regulations at 30 CFR parts 250, 251, and 252 of this
chapter.
Sec. 251.15 Authority for information collection.
(a) The Office of Management and Budget has approved the
information collection requirements in part under 44 U.S.C. 3501 et
seq. and assigned OMB control number 1010-0048. The title of this
information collection is ``30 CFR Part 251, Geological and Geophysical
(G&G) Explorations of the OCS.'' Paragraph (d) of this section lists
the sections in this part requiring the information collection,
summarizes how MMS will use the information, and indicates the reason
for the response.
(b) An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
(c) Send comments regarding any aspect of the collection of
information under this part, including suggestions for reducing the
burden, to the Information Collection Clearance Officer, Minerals
Management Service, Mail Stop 2053, 381 Elden Street, Herndon, Virginia
20170-4817; and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Attention: Desk Officer for the
Department of the Interior (1010-0048), 725 17th Street, NW,
Washington, DC 20503.
(d) MMS is collecting this information for the reasons given in the
following table:
------------------------------------------------------------------------
Regulation cite Information used Response
------------------------------------------------------------------------
30 CFR 251.5.................. To evaluate permit The response is
applications and to required to
monitor scientific obtain a
research activities benefit.
for environmental and
safety reasons.
30 CFR 251.6(b)............... To determine that The response is
explorations do not mandatory.
harm resources,
result in pollution
or create hazardous
or unsafe conditions.
30 CFR 251.6(c)............... To coordinate The response is
activities in the OCS required to
and not harm or obtain a
interfere with other benefit.
users in the area.
30 CFR 251.7: The burden for To analyze and The response is
this section is included with evaluate preliminary mandatory.
30 CFR 250.31 and 250.33 (OMB or planned drilling
Control No. 1010-0049). activities of
permittees in the OCS.
30 CFR 251.8(a)............... To approve The response is
reimbursement of required to
certain expenses. obtain a
benefit.
30 CFR 251.8 (b) and (c)...... To monitor the The response is
progress of mandatory.
activities carried
out under an OCS G&G
permit.
[[Page 6159]]
30 CFR 251.9(c)(2)............ To monitor the The response is
activities carried mandatory.
out under an OCS G&G
permit.
30 CFR 251.11 and 251.12...... To inspect and select The response is
G&G data and mandatory.
information collected
under an OCS G&G
permit.
30 CFR 251.13................. To determine The response is
eligibility for required to
reimbursement from obtain a
the Government for benefit.
certain costs.
------------------------------------------------------------------------
[FR Doc. 97-3200 Filed 2-10-97; 8:45 am]
BILLING CODE 4310-MR-P
