Oil and Gas and Sulphur Operations in the Outer Continental Shelf (OCS), 30 CFR 250 Subpart A, General--Data Release and Definitions

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: April 25, 2006 (Volume 71, Number 79)]
[Rules and Regulations]
[Page 23858-23864]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap06-3]

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DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 250
RIN 1010-AC99

Oil and Gas and Sulphur Operations in the Outer Continental Shelf
(OCS), 30 CFR 250 Subpart A, General--Data Release and Definitions

AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Final rule.

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SUMMARY: This final rule will revise certain existing definitions,
clarify the basis upon which the Regional Director invokes the
requirement for an archaeological survey on a lease area, add
notification requirements on production status of wells, and update
both public information and Information Collection sections. MMS
recently redesigned and renamed some of its forms to streamline data
submission. MMS also discovered inconsistent practices in first
production reporting, which is a prime parameter in determining
inspection and testing schedules for safety system devices. This final
rulemaking will update the regulations to correspond to recently
revised forms, provide clarity and explanation of definitions and
forms, and clarify the requirements for first production notices.

DATES: Effective Date: This rule becomes effective on May 25, 2006.

FOR FURTHER INFORMATION CONTACT: Kumkum Ray, Rules Processing Team,
Regulations and Standards Branch, (703) 787-1604.

SUPPLEMENTARY INFORMATION: In this final rule MMS will revise certain
existing definitions, clarify the basis upon which the Regional
Director invokes the requirement for an archaeological survey on a
lease area, add notification requirements on production status of
wells, and update both public information and Information Collection
sections, by making the following amendments:
1. Amend the definition of the term ``Person'' in Sec. 250.105 to
include joint ventures as an example of an association.
2. Amend the definition of the term ``You'' at Sec. 250.105 to
include the words ``designated operator.'' Under Sec. 250.143, a
designated operator is authorized to act on behalf of, and to fulfill
the obligations of, a lessee under the Outer Continental Shelf Lands
Act, the lease, and the regulations in 30 CFR part 250. Therefore, a
designated operator is an entity that must comply with applicable
requirements, and hence is a part of the regulated community covered by
the word ``You.''
3. Clarify in Sec. 250.194(a) the basis upon which the Regional
Director invokes the requirement for an archaeological survey on a
lease area. Because it cannot be determined whether it is ``likely''
that an archaeological resource exists on a specific lease area until
the archaeological survey has first been conducted, the wording would
be changed to state, ``If the Regional Director has reason to believe
that an archaeological resource may exist.'' The ``reason to believe''
is established by a technical analysis of existing archaeological,
geological, and other pertinent environmental data. To more closely
reflect the wording of the new 30 CFR part 250, subpart B regulations,
and to clarify that the archaeological report accompanies, but is not
part of, the Exploration Plan (EP), Development Operations Coordination
Document (DOCD), or Development and Production Plan (DPP), MMS is
modifying the second part of this sentence to state that ``The Regional
Director will require in writing that your EP, DOCD, or DPP be
accompanied by an archaeological report.''
4. Redesignate Sec. Sec. 250.195 and 250.196 as Sec. Sec. 250.196
and 250.197, respectively, and add a new Sec. 250.195 requiring the
lessee or operator to notify MMS when a well has actually begun
producing. When the lessee or operator files a Form MMS-125 (OMB
Control Number 1010-0141), End of Operations Report (EOR) (formerly
Well Summary Report), the well status is often shown as ``shut in''
since production facilities are not ready. Therefore, a ``first
production notice'' often will be the only indication MMS receives that
a well has actually begun producing. Such a notice is not currently
required by our regulations, but has become standard practice. MMS is
adding this requirement because this information has become one of the
prime parameters in determining inspection and testing schedules for
safety system devices.
5. Reorganize the forms data release table in the final
redesignated Sec. 250.197(a), and add entries for the new Forms MMS-
123S, Supplemental Application for Permission to Drill (APD)
Information Sheet; MMS-137, OCS Plan Information; MMS-133, Well
Activity Report; MMS-133S, Open Hole Data Report; and MMS-140,
Bottomhole Pressure Survey Report. The Office of Management and Budget
(OMB) has approved the use of these new forms, all of which contain
proprietary data. MMS is also deleting the entry for Form MMS-128,
Semiannual Well Test Report, because no proprietary information is
reported on this form. The reorganization of the table does not change
the current data release timeframe for any of the other forms included
in the table.
It should be noted that MMS very recently consolidated 10 forms,
which were originally in 8 OMB approved information collections (ICs).
These 10 forms have now been consolidated into 2 ICs. One collection
now has six forms and one has four forms. We also redesigned,
renumbered, and renamed some of the forms and received OMB approval for
them. This is part of a separate process to provide a future option for
electronic submission and streamlining of the data collected on MMS
forms. In addition to any actual data element changes we made to the
forms, we completely renumbered all of the data elements on most of the
forms. The form and item numbers shown in the table at Sec. 250.197(a)
correspond to the revised forms. You may obtain copies of the forms listed
in the table from any of the MMS regional offices or at the Web site:
http://www.gomr.mms.gov/homepg/mmsforms/frmindx.html .
6. Revise Sec. 250.197(b)(8) to clarify existing requirements by
including release times for certain data and information submitted on
well operations, and adding special provisions for the release of
directional surveys.
7. Insert a new Form MMS-133S, Open Hole Data Report, in the table
at existing Sec. 250.199.
8. Insert a new Form MMS-144, Rig Movement Notification Report, in
the table at existing Sec. 250.199.
9. Remove the definitions of ``I, me, or you'' and ``Person'' at
Sec. 250.1402, because the definitions for these terms are found at
Sec. 250.105.

Discussion and Analysis of Comments to Proposed Rule

MMS issued a proposed rule on March 23, 2005 (70 FR 14607). MMS
received only one set of comments from the oil and gas industry
prepared by the American Petroleum Institute and the Offshore Operators'
Committee. A discussion of the comments and our responses follows:

Section 250.105 Definitions

Comment: ``It is requested that MMS include definitions for items
listed in Sec. 250.196(b) specifying what MMS considers to be
geological data, geophysical data, interpreted G&G data, analyzed
geological information, etc.

[[Page 23859]]

Without any definitions it is hard to know for sure when certain data
types will be released such as pressure data, velocity surveys,
geochemical data, etc.''
Response: The terms referred to in the comment are at Sec.
250.196(b)(1) and (2). The rule did not propose any changes to these
paragraphs, and in order to insert new definitions, we would have to
propose them first. The terms data, interpreted geological information,
interpreted geophysical information, and analyzed geological
information are defined in our current regulations at Sec. 250.105.

Section 250.194 Archeological Report

Comment: ``Only concern with new wording is timing of when the
Regional Director (RD) will notify operators that an archeological
report is required. Request that it be reworded so if a lease is added
to the blocks that will require an archeological survey for, that the
RD notify the existing operator when it is added, not when an EP or
DOCD is submitted to the MMS. When the plan is submitted, it is too
late in the process to have the survey performed. This is too late in
the process when the plan is submitted to have the survey performed.
The same notification would be helpful if the archeological designation
is removed by the MMS from an active lease.''
Response: MMS recently began publishing an up-to-date list of
leases requiring an archeological report on our Web site. Lessees are
now responsible for checking the list to determine if their leases are
affected. These new procedures are set forth in two recently issued
NTL's; NTL No. 2005-607 and NTL No. 2005-610. Therefore, no change to
the rule is necessary.

Section 250.195 Notification of Production Status of Wells

Comment: ``NTL No. 2002-G10 allows 5 business days to notify the
District Manager of placing a well in a production status, but this new
rule says ``on the date'' that a well is placed in a production status.
When a new well is turned on, there is a clean-up period, and actual
hydrocarbon production may not commence until several days later. It
may be on a weekend or during the night.''
``The Supplementary Information to this proposed change, Paragraph
4, states that the ``first production notice'' is being added,
``because this information has become one of the prime parameters in
determining inspection and testing schedules for safety systems
devices.'' There is also a requirement that when a new production
system is started up that we notify the District Supervisor 48 hours in
advance of starting up the production system. This could lead to
confusion about which notice is being made since it is industry
understanding that this is done to allow for inspection of the new
system before start-up or shortly thereafter.''
``We request that industry be allowed the five business days as in
the past for the notification after hydrocarbons are brought to the
surface so that it will not be an unnecessary reporting burden.''
Response: We agree with the comment and have changed the rule
language to allow 5 working days for the required notification.
Comment: ``Additionally, if an End of Operations Report (EOR) is
sent in with the status of shut in, waiting on production facilities,
the public information copy of the EOR is without bottom hole or
producing interval information. The public is therefore denied access
to this information as prescribed in this rule.''
Response: Release time of the bottom-hole location and the
production interval information will remain the same as before. This
final rule does not change the fundamental structure of our data
release policy and continues to uphold our established practices of
data release to the public. MMS received OMB approval for several new
or redesigned forms, in which data elements were numbered differently.
This rule merely provides the new numbers for items that have always
been held proprietary for certain periods of time before release to the
public.
Comment: ``Since the notice of first production is being formalized
as a requirement, we request that it be made available to the public.''
Response: Making the notice of first production available to the public
is beyond the scope of this final rule and would need to be proposed first.

Section 250.197(a) Data and Information To Be Made Available to the Public

Concerns were expressed with the addition of, or changes to,
several forms as discussed below:
Comment: ``Forms MMS-123S (Supplemental APD) & MMS-137(OCS Plan
Information) are released when the well goes on production or according
to paragraph (b) of the same section. We are concerned with the release
when the well comes on production, since this is proposed information
and actual data is available on the EOR, Subsequent APM (Application
for Permit To Modify) and/or Final Well Activity Report (WAR). Form
MMS-137 contains proposed bottom hole locations for all the wells in
the plan and if only one well has been drilled and is producing, the
other proposed bottom hole locations should still be confidential.''
Response: MMS will only release the bottom hole location of a well
that has been drilled and is producing. Information on the other
proposed wells in the plan will not be released at that time. As each
well is drilled and produced only data pertaining to that well will be
released.
Comment: ``Form MMS-125 (End of Operations Report). Our previous
understanding was that significant (geological) markers were not made
available to the public. What category does the MMS classify this as in
paragraph (b)?''
Response: Geological markers items 37-38 in redesignated Sec.
250.197(a)(4) (see also the third column of table at Sec.
250.197(b)(8)) are not available to the public when the well goes on
production unless the period of time in the table in paragraph (b) has
expired.
Comment: ``Form MMS-127 (Sensitive Reservoir Information Report
(SRI)). Release of fluid analysis data and volumetric data after two
years makes proprietary data such as reserve estimates, recovery
efficiencies, and recovery estimates public information. We would
desire to keep this proprietary data non-releasable during production
as we consider it to be competitive in nature.''
``Since the log data is available to the public two years after the
submittal date, we feel this is sufficient data for the public if they
want to look at the data and make their own estimates of reserves/
recoveries without being privy to an operator's proprietary
interpretations.''
Response: Information on forms frequently does not fit into a clear
category of either analyzed or interpreted. In deciding when
information should be released, MMS has attempted to balance the
protection of the lessee's commercial rights associated with the
information and the public's right to access data and information
concerning public lands. The Volumetric Data and the Fluid Analysis
Data information on the Sensitive Reservoir Information Report (Form
MMS-127) has been available to the public 2 years after its effective
date for over 30 years. Releasing such information, which includes
reserve estimates, recovery efficiencies, and recovery estimates, two
years after submittal date provides a balance between commercial
interests of the lessees to protect data and information from premature
disclosure after the well is drilled, and the interests of industry

[[Page 23860]]

and the public to have timely access to information concerning public
lands. It is important that the same data and information appearing on
different forms be made available simultaneously.
Comment: ``Form MMS-133 WAR. It is our understanding that this form
is used by the MMS to follow an operator's progress on a job for
inspections and to ensure compliance with approved permits. We feel
this detailed information of our day-to-day operations is proprietary
data and to release it to the public gives others an unfair competitive
advantage. Combined with the entire APD & Form MMS-123S another
operator can piece together our entire drilling plan. We feel enough
data is available to the public on the EOR, Subsequent APM and/or final
WAR. We would not have an issue with releasing the Special Well Events
that are described in the WAR as they relate to possible safety issues.''
Response: We will protect information from respondents considered
proprietary under the Freedom of Information Act (5 U.S.C. 552) and its
implementing regulations (43 CFR part 2) and under regulations at 30
CFR 250.196, ``Data and information to be made available to the
public,'' and 30 CFR part 252, ``OCS Oil and Gas Information Program.''
This final rule does not change the fundamental structure of our data
release policy and continues to uphold our established practices of
data release to the public. MMS received OMB approval for several new
or redesigned forms, in which data elements were numbered differently.
This final rule merely provides the new numbers for items that have
always been held proprietary for certain periods of time before release
to the public. Sharing information in a responsible manner enables all
concerned to benefit equally without jeopardizing individual rights.
MMS data release times will remain unchanged in this final rule.

Section 250.197(b) Data and Information To Be Made Available to the Public

Comment: ``We would appreciate definitions of what is meant by
``downhole locations,'' ``operations,'' and ``equipment'' in the ``MMS
will release'' column.''
Response: In order to insert new definitions, we would have to
propose them first. We do not believe this is necessary since these are
commonly used non-controversial terms and we decided to provide them to
you in the preamble. The terms have the following meanings:
Downhole locations: Observed, estimated, or derived well locations
below the mudline including directional and inclination surveys,
measured depths, true vertical and subsea depths, horizontal
departures, and latitude and longitude locations thereof;
Downhole operations: Planned or completed well operations below the
mudline including drilling, completion, recompletion, workover,
wireline, coiled tubing operations, and stimulation treatment; and
Downhole equipment: Materials used for downhole well operations
including drill pipe, drilling assemblies, casing, packers, and tools.

Section 250.199(e) Paperwork Reduction Act Statements--Information
Collection

Comment: ``The listed form names such as Sundry Notices, Maximum
Efficiency Rate (MER), and Well Summary Report are being replaced by
those in Sec. 250.197(a).''
Response: We appreciate this comment and have corrected our
oversight by changing the form names in the table at Sec. 250.199(e).

Procedural Matters

Regulatory Planning and Review (Executive Order (E.O.) 12866)

This document is not a significant rule and is not subject to
review by the Office of Management and Budget (OMB) under E.O. 12866.
This final rule:
1. Does not have an annual economic effect of $100 million or more
on the economy. It does not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. A cost-benefit and economic analysis is not required because:
a. The changes to the definitions and data release tables have no
financial impact on the oil and gas industry.
b. The requirements minimally increase the paperwork burden for
submitting first production notices under newly final Sec. 250.195. At
an average cost of $50 per hour, the increase of approximately 250
hours each year would result in an hour burden impact of $12,500. Refer
to the Paperwork Reduction Act section later in the preamble.
2. Does not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency. It would not affect
how lessees or operators interact with other agencies.
3. Does not alter the budgetary effects or entitlements, grants,
user fees, or loan programs or the rights or obligations of their
recipients. It has no effect on the rights of the recipients of
entitlements, grants, user fees, or loan programs.
4. Does not raise novel legal or policy issues.

Regulatory Flexibility Act (RFA)

The Department of the Interior certifies that this final rule does
not have a significant economic effect on a substantial number of small
entities under the RFA (5 U.S.C. 601 et seq.). It applies to all OCS
lessees and operators operating on the OCS. Small lessees fall under
the Small Business Administration's (SBA) North American Industry
Classification System Codes 211111, which includes companies that
extract crude petroleum and natural gas. Under this code, a small
company is one with fewer than 500 employees. Based on these criteria,
MMS estimates that about 70 percent of these companies are considered
small. The requirements minimally increase the paperwork burden for
submitting first production notices under newly final Sec. 250.195. At
an average cost of $50 per hour, the increase of approximately 250 man-
hours each year results in an hour burden impact of $12,500. Refer to
the Paperwork Reduction Act section later in the preamble. Thus, based
on 130 lessees/operators, the average increase is $100, for both large
and small entities. Since 70 percent of the companies are small
businesses, the total paperwork burden increase for small companies is
approximately 175 man-hours, representing an annual hour cost burden of
$8,750.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

This final rule is not a major rule under the SBREFA (5 U.S.C.
804(2)). The final rule:
a. Does not have an annual effect on the economy of $100 million or
more. As described above, we estimate an annual paperwork burden
increase of $100 per respondent. These costs will not cause an annual
effect on the economy of $100 million or more.
b. Does not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies; or geographic regions. The minor increase in cost does not
change the way the oil and gas industry conducts business, nor would it
affect regional oil and gas prices. Therefore, it does not cause major
cost increases for consumers, the oil and gas industry, or any
government agencies.

[[Page 23861]]

c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or ability of United
States (U.S.)-based enterprises to compete with foreign-based
enterprises. All lessees and drilling contractors, regardless of
nationality, must comply with the requirements of this rule, so it does
not affect competition, employment, investment, productivity,
innovation, or the ability of U.S.-based enterprises to compete with
foreign-based enterprises.

Unfunded Mandates Reform Act (UMRA) of 1995

This final rule will not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. It does not have any Federal mandates, nor a
significant or unique effect on State, local, or tribal governments or
the private sector. A statement containing the information required by
the UMRA (2 U.S.C. 1531 et seq.) is not required.

Takings Implication Assessment (Executive Order 12630)

Pursuant to E.O. 12630, the final rule does not have significant
Takings Implications. A Takings Implication Assessment is not required.
The rulemaking is not a governmental action capable of interfering with
constitutionally protected property rights.

Federalism (Executive Order 13132)

Pursuant to E.O. 13132, this final rule does not have Federalism
implications. This final rule would not substantially and directly
affect the relationship between Federal and State governments. This
final rule clarifies and requires information from lessees/operators on
the OCS, which is outside State jurisdiction. States have no role in
this activity with or without this rule, and this rule does not impose
costs on States or localities.

Civil Justice Reform (Executive Order 12988)

Pursuant to E.O. 12988, the Office of the Solicitor has determined
that this final rule would not unduly burden the judicial system and
does meet the requirements of sections 3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act (PRA)

The rulemaking added a requirement and an information collection
package was submitted to OMB for review and approval under section
3507(d) of the PRA. The title of the collection of information is ``30
CFR 250, Subpart A, General, Data Release and Definitions.''
Respondents include approximately 130 Federal OCS oil and gas
lessees and operators. The frequency of reporting and recordkeeping is
generally on occasion. Responses are mandatory. The IC does not include
questions of a sensitive nature. MMS will protect information
considered proprietary according to 30 CFR 250.196, ``Data and
information to be made available to the public,'' 30 CFR part 252,
``OCS Oil and Gas Information Program,'' and the Freedom of Information
Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2).
The final rule addresses several reports and forms required by
current regulations. All the burdens for the individual reports and
forms have been approved by OMB and assigned OMB control numbers
according to their associated subparts.
Section 250.195 will require the lessee or operator to notify MMS
when a well has actually begun producing. When the lessee or operator
files a Form MMS-125, End of Operations Report (formerly the Well
Summary Report), the well status is often shown as ``shut in'' since
production facilities are not ready. Currently there is no regulatory
requirement for lessees or operators to formally notify MMS of ``first
production,'' although most companies already notify MMS when a well
begins to produce. This practice will serve to alert both MMS and the
operator of the requirements pertaining to the inspection,
installation, and maintenance of safety systems. We estimate 250 annual
notifications would be submitted, requiring about 1 hour each to
prepare and submit.
OMB approved the 250 burden hours for this rulemaking and assigned
OMB Control Number 1010-0161 (exp. 4/30/2008). There were no changes in
the information collection requirements from the proposed rule to the
final rule. When the rule becomes effective, MMS will merge these hours
into the primary collection for 30 CFR part 250 subpart A (1010-0114,
expiration 10/31/2007).
A Federal 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. The public may comment, at any
time, on the accuracy of the information collection burden in this rule
and may submit any comments to the Department of the Interior; Minerals
Management Service; Attention: Rules Processing Team; Mail Stop 4024;
381 Elden Street; Herndon, Virginia 20170-4817. If you wish to e-mail
your comments to MMS, the address is: rules.comment@mms.gov. You may
also submit comments on the burdens through https://ocsconnect.mms.gov
.

Please reference ``Oil and Gas and Sulphur Operations in the Outer
Continental Shelf (OCS), 30 CFR Part 250 Subpart A, General--Data
Release and Definitions,'' in your comments.

National Environmental Policy Act (NEPA) of 1969

The MMS has determined that this final rule is strictly
administrative in nature. This qualified for a categorical exclusion
under 516 Departmental Manual (DM) Chapter 2, Appendix 1.10. Therefore,
it is categorically excluded from environmental review under section
102(2)(C) of the National Environmental Policy Act (NEPA), pursuant to
516 DM, Chapter 2, Appendix 1. In addition, the final rule does not
involve any of the 10 extraordinary circumstances listed in 516 DM,
Chapter 2, Appendix 2. Pursuant to Council on Environmental Quality
regulations (40 CFR 1508.4) and the environmental policies and
procedures of the Department of the Interior, the term ``categorical
exclusions'' means a category of actions which do not individually or
cumulatively have a significant effect on the human environment and
that have been found to have no such effect in procedures adopted by a
Federal agency and for which neither an environmental assessment nor an
environmental impact statement is required.

Energy, Supply, Distribution, or Use (Executive Order 13211)

This is not a significant rule and is not subject to review by OMB
under E. O. 13211. Thus, a Statement of Energy Effects is not required.

Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)

In accordance with E.O. 13175, this final rule would not have
tribal implications that impose substantial direct compliance costs on
Indian tribal governments.

List of Subjects in 30 CFR Part 250

Administrative practice and procedure, Continental shelf,
Environmental protection, Oil and gas exploration, Public lands--
mineral resources, Public lands--rights-of-way, Reporting and
recordkeeping requirements.

[[Page 23862]]

Dated: April 6, 2006.
Chad Calvert,
Acting Assistant Secretary--Land and Minerals Management.

? For the reasons stated in the preamble, the Minerals Management Service
amends 30 CFR part 250 as follows:

PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF

? 1. The authority citation for part 250 continues to read as follows:

Authority: 43 U.S.C. 1331 et seq.; 31 U.S.C. 9701.

? 2. In Sec. 250.105, revise the definitions of the term, ``Person'' and
``You,'' to read as follows:

Sec. 250.105 Definitions.

* * * * *
Person includes a natural person, an association (including
partnerships, joint ventures, and trusts), a State, a political
subdivision of a State, or a private, public, or municipal corporation.
* * * * *
You means a lessee, the owner or holder of operating rights, a
designated operator or agent of the lessee(s), a pipeline right-of-way
holder, or a State lessee granted a right-of-use and easement.
* * * * *

? 3. The heading of Sec. 250.194 and the introductory text of paragraph
(a) are revised to read as follows:

Sec. 250.194 How must I protect archaeological resources?

(a) If the Regional Director has reason to believe that an
archaeological resource may exist in the lease area, the Regional
Director will require in writing that your EP, DOCD, or DPP be
accompanied by an archaeological report. If the archaeological report
suggests that an archaeological resource may be present, you must either:
* * * * *

Sec. Sec. 250.195 and 250.196 [Redesignated]

? 4. Sections 250.195 and 250.196 are redesignated Sec. Sec. 250.196 and
250.197, respectively.

? 5. Add new Sec. 250.195 to read as follows:

Sec. 250.195 What notification does MMS require on the production
status of wells?

You must notify the appropriate MMS District Manager when you
successfully complete or recomplete a well for production. You must:
(a) Notify the District Manager within 5 working days of placing
the well in a production status. You must confirm oral notification by
telefax or e-mail within those 5 working days.
(b) Provide the following information in your notification:
(1) Lessee or operator name;
(2) Well number, lease number, and OCS area and block designations;
(3) Date you placed the well on production (indicate whether or not
this is first production on the lease);
(4) Type of production; and
(5) Measured depth of the production interval.

Sec. 250.197 [Amended]

? 6. In newly redesignated Sec. 250.197, the following revisions are made:
? A. Revise paragraph (a) to read as set forth below.
? B. Revise paragraph (7) in the table in paragraph (b) to read as set
forth below.

Sec. 250.197 Data and information to be made available to the public
or for limited inspection.

* * * * *
(a) All data and information you submit on MMS forms will be made
available to the public upon submission, except as specified in the
following table:

------------------------------------------------------------------------
Data and
information not
On form . . . immediately Excepted data will be
available are . . made available . . .
.
------------------------------------------------------------------------
(1) MMS-123, Application for Items 15, 16, 22 When the well goes on
Permit to Drill. through 25. production or
according to the
table in paragraph
(b) of this section,
whichever is
earlier.
(2) MMS-123S, Supplemental APD Items 3, 7, 8, 15 When the well goes on
Information Sheet. and 17. production or
according to the
table in paragraph
(b) of this section,
whichever is
earlier.
(3) MMS-124, Application for Item 17.......... When the well goes on
Permit to Modify. production or
according to the
table in paragraph
(b) of this section,
whichever is
earlier.
(4) MMS-125, End of Operations Items 12, 13, 17, When the well goes on
Report. 21, 22, 26 production or
through 38. according to the
table in paragraph
(b) of this section,
whichever is
earlier. However,
items 33 through 38
will not be released
when the well goes
on production unless
the period of time
in the table in
paragraph (b) has
expired.
(5) MMS-126, Well Potential Item 101......... 2 years after you
Test Report. submit it.
(6) MMS-127, Sensitive Items 124 through 2 years after the
Reservoir Information Report. 168. effective date of
the Sensitive
Reservoir
Information Report.
(7) MMS-133 Well Activity Item 10 Fields When the well goes on
Report. [WELLBORE START production or
DATE, TD DATE, according to the
OP STATUS, END table in paragraph
DATE, MD, TVD, (b) of this section,
AND MW PPG]. whichever is
Item 11 Fields earlier.
[WELLBORE START
DATE, TD DATE,
PLUGBACK DATE,
FINAL MD, AND
FINAL TVD]
and
Items 12 through
15.
(8) MMS-133S Open Hole Data Boxes 7 and 8.... When the well goes on
Report. production or
according to the
table in paragraph
(b) of this seciton,
whichever is
earlier.
(9) MMS-137 OCS Plan Items providing When the well goes on
Information. the bottomhole production or
location, true according to the
vertical depth, table in paragraph
and measured (b) of this section,
depth of wells. whichever is
earlier.
(10) MMS-140, Bottomhole All items........ 2 years after the
Pressure Survey Report. date of the survey.
------------------------------------------------------------------------

(b) * * *

[[Page 23863]]

----------------------------------------------------------------------------------------------------------------
If . . . MMS will release . . . At this time . . . Special provisions
----------------------------------------------------------------------------------------------------------------

* * * * * * *
(7) Data or information is submitted Descriptions of When the well goes on Directional survey data
on well operations. downhole locations, production or when may be released
operations, and geological data is earlier to the owner
equipment. released according to of an adjacent lease
Sec. Sec. according to Subpart D
250.197(b)(6) and of this part.
(b)(7), whichever
occurs earlier.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

? 7. Revise Sec. 250.199 (e), to read as follows:

Sec. 250.199 Paperwork Reduction Act statements--information collection.

(e) MMS is collecting this information for the reasons given in the
following table:

------------------------------------------------------------------------
30 CFR 250 Subpart/title (OMB control Reasons for collecting
number) information and how used
------------------------------------------------------------------------
(1) Subpart A, General (1010-0114), To inform MMS of actions taken
including Forms MMS-132, Evacuation to comply with general
Statistics; MMS-1123, Designation of operational requirements on
Operator; MMS-1882, Notification of the OCS. To ensure that
Incidents of Noncompliance. operations on the OCS meet
statutory and regulatory
requirements, are safe and
protect the environment, and
result in diligent
exploration, development, and
production on OCS leases. To
support the unproved and
proved reserve estimation,
resource assessment, and fair
market value determinations.
(2) Subpart B, Exploration and To inform MMS, States, and the
Development and Production Plans (1010- public of planned exploration,
0151), including Forms MMS-137, OCS development, and production
Plan Information Form; MMS-139, EP Air operations on the OCS. To
Quality Screening Checklist; MMS-138, ensure that operations on the
DOCD Air Quality Screening Checklist, OCS are planned to comply with
MMS-141, ROV Survey Report Form; MMS- statutory and regulatory
142, Environmental Impact Analysis requirements, will be safe and
Worksheet. protect the human, marine, and
coastal environment, and will
result in diligent
exploration, development, and
production of leases.
(3) Subpart C, Pollution Prevention and To inform MMS of measures to be
Control (1010-0057). taken to prevent water and air
pollution. To ensure that
appropriate measures are taken
to prevent water and air
pollution.
(4) Subpart D, Oil and Gas and Drilling To inform MMS of the equipment
Operations (1010-0141), including and procedures to be used in
Forms MMS-123, Application for Permit drilling operations on the
to Drill; MMS-123S, Supplemental APD OCS. To ensure that drilling
Information Sheet; MMS-124, operations are safe and
Application for Permit to Modify; MMS- protect the human, marine, and
125, End of Operations Report; MMS- coastal environment.
133, Well Activity Report; MMS-133S,
Open Hole Data Report.
(5) Subpart E, Oil and Gas Well- To inform MMS of the equipment
Completion Operations (1010-0067). and procedures to be used in
well-completion operations on
the OCS. To ensure that well-
completion operations are safe
and protect the human, marine,
and coastal environment.
(6) Subpart F, Oil and Gas Well To inform MMS of the equipment
Workover Operations (1010-0043). and procedures to be used
during well-workover
operations on the OCS. To
ensure that well-workover
operations are safe and
protect the human, marine, and
coastal environment.
(7) Subpart H, Oil and Gas Production To inform MMS of the equipment
Safety Systems (1010-0059). and procedures to be used
during production operations
on the OCS. To ensure that
production operations are safe
and protect the human, marine,
and coastal environment.
(8) Subpart I, Platforms and Structures To provide MMS with information
(1010-0149). regarding the design,
fabrication, and installation
of platforms on the OCS. To
ensure the structural
integrity of platforms
installed on the OCS.
(9) Subpart J, Pipelines and Pipeline To provide MMS with information
Rights-of-Way (1010-0050). regarding the design,
installation, and operation of
pipelines on the OCS. To
ensure that pipeline
operations are safe and
protect the human, marine, and
coastal environment.
(10) Subpart K, Oil and Gas Production To inform MMS of production
Rates (1010-0041), including Forms MMS- rates for hydrocarbons
126, Well Potential Test Report; MMS- produced on the OCS. To ensure
127, Sensitive Reservoir Information economic maximization of
Report; MMS-128, Semiannual Well Test ultimate hydrocarbon recovery.
Report; MMS-140 Bottomhole Pressure
Survey Report.
(11) Subpart L, Oil and Gas Production To inform MMS of the
Measurement, Surface Commingling, and measurement of production,
Security (1010-0051). commingling of hydrocarbons,
and site security plans. To
ensure that produced
hydrocarbons are measured and
commingled to provide for
accurate royalty payments and
security is maintained.
(12) Subpart M, Unitization (1010-0068) To inform MMS of the
unitization of leases. To
ensure that unitization
prevents waste, conserves
natural resources, and
protects correlative rights.
(13) Subpart N, Remedies and Penalties. The requirements in subpart N
are exempt from the Paperwork
Reduction Act of 1995
according to 5 CFR 1320.4.
(14) Subpart O, Well Control and To inform MMS of training
Production Safety Training (1010-0128). program curricula, course
schedules, and attendance. To
ensure that training programs
are technically accurate and
sufficient to meet safety and
environmental requirements,
and that workers are properly
trained to operate on the OCS.

[[Page 23864]]

(15) Subpart P, Sulphur Operations To inform MMS of sulphur
(1010-0086). exploration and development
operations on the OCS. To
ensure that OCS sulphur
operations are safe; protect
the human, marine, and coastal
environment; and will result
in diligent exploration,
development, and production of
sulphur leases.
(16) Subpart Q, Decommissioning To determine that
Activities (1010-0142). decommissioning activities
comply with regulatory
requirements and approvals. To
ensure that site clearance and
platform or pipeline removal
are properly performed to
protect marine life and the
environment and do not
conflict with other users of
the OCS.
(17) Form MMS-131, Performance Measures Voluntary. We use the
(1010-0112). information obtained from this
form to develop an industry
average that helps to describe
how well the offshore oil and
gas industry is performing.
(18) Form MMS-144, Rig Movement The rig notification
Notification Report (form used in the requirement is essential for
GOM OCS Region), Subparts D, E, F, MMS inspection scheduling and
(1010-0150). to verify that the equipment
being used complies with
approved permits.
------------------------------------------------------------------------

Sec. 250.1402 [Amended]

? 8. In Sec. 250.1402, remove the definitions of ``I, me, or you'' and
``Person.''

[FR Doc. 06-3898 Filed 4-24-06; 8:45 am]
BILLING CODE 4310-MR-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Oil and Gas and Sulphur Operations in the Outer Continental Shelf (OCS), 30 CFR 250 Subpart A, General--Data Release and Definitions

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