Oil and Gas and Sulphur Operations in the Outer Continental Shelf (OCS); Data Release and Definitions, 14607-14612 [05-5678]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Proposed Rules
Administration. If such misuse or
insufficient notice relates to a broadcast
or telecast, the Office of the Inspector
General may impose a penalty of not
more than $25,000 for each violation.
(d) For purposes of paragraph (c) of
this section, a violation is defined as—
(1) In the case of a mailed solicitation
or advertisement, each separate piece of
mail which contains one or more
program words, letters, symbols, or
emblems or insufficient notice related to
a determination under § 498.102(c); and
(2) In the case of a broadcast or
telecast, each airing of a single
commercial or solicitation related to a
determination under § 498.102(c).
6. Revise § 498.104 to read as follows:
§ 498.104
§ 498.106 Determinations regarding the
amount or scope of penalties and
assessments.
(a) In determining the amount or
scope of any penalty and assessment, as
applicable, in accordance with
§§ 498.103(a) and (b) and 498.104, the
Office of the Inspector General will take
into account:
(1) The nature of the statements,
representations, or actions referred to in
§ 498.102(a) and (b) and the
circumstances under which they
occurred;
*
*
*
*
*
(b) In determining the amount of any
penalty in accordance with § 498.103(c),
the Office of the Inspector General will
take into account—
*
*
*
*
*
8. Amend § 498.109 by revising
paragraph (a)(2) to read as follows:
§ 498.109 Notice of proposed
determination.
(a) * * *
(2) A description of the false
statements, representations, or other
actions (as described in § 498.102(a) and
(b)), and incidents, as applicable, with
16:19 Mar 22, 2005
Jkt 205001
§ 498.114
Collateral estoppel.
*
*
*
*
*
(a) Is against a person who has been
convicted (whether upon a verdict after
trial or upon a plea of guilty or nolo
contendere) of a Federal or State crime;
and
*
*
*
*
*
10. Amend § 498.128 by revising
paragraphs (b), (c)(1), and (d)(1) to read
as follows:
§ 498.128 Collection of penalty and
assessment.
Amount of assessment.
A person subject to a penalty
determined under § 498.102(a) and (b)
may be subject, in addition, to an
assessment of not more than twice the
amount of benefits or payments paid as
a result of the statement, representation,
omission, withheld disclosure of a
material fact, or conversion which was
the basis for the penalty. An assessment
is in lieu of damages sustained by the
United States because of such statement,
representation, omission, withheld
disclosure, or conversion, as referred to
in § 498.102(a) and (b).
7. Amend § 498.106 by revising
paragraphs (a) introductory text, (a)(1),
and (b) introductory text to read as
follows:
VerDate jul<14>2003
respect to which the penalty and
assessment, as applicable, are proposed;
*
*
*
*
*
9. Amend § 498.114 by revising
paragraph (a) to read as follows:
*
*
*
*
*
(b) In cases brought under section
1129 of the Social Security Act, a
penalty and assessment, as applicable,
imposed under this part may be
compromised by the Commissioner or
his or her designee and may be
recovered in a civil action brought in
the United States District Court for the
district where the violation occurred, or
where the respondent resides.
(c) * * *
(1) Violation referred to in
§ 498.102(c) and (d) occurred; or
*
*
*
*
*
(d) * * *
(1) Monthly title II, title VIII, or title
XVI payments, notwithstanding section
207 of the Social Security Act as made
applicable to title XVI by section
1631(d)(1) of the Social Security Act;
*
*
*
*
*
[FR Doc. 05–5717 Filed 3–22–05; 8:45 am]
BILLING CODE 4191–02–P
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);
Data Release and Definitions
Minerals Management Service
(MMS), Interior.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This proposed rulemaking
would revise certain existing
definitions, add a first production notice
requirement, and make some
administrative changes. MMS recently
redesigned and renamed some of its
forms to aid submission and streamline
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
14607
data. 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 proposed rulemaking would
correspond to recently revised forms,
provide clarity and explanation of
definitions and forms, and correct form
submittal with first production notices.
It would also clarify the basis upon
which the Regional Director invokes the
requirement for an archaeological
survey on a lease area.
DATES: We will consider all comments
received by June 21, 2005. We will
begin reviewing comments then and
may not fully consider comments we
receive after June 21, 2005.
ADDRESSES: You may submit comments
on the rulemaking by any of the
following methods listed below. Please
use 1010–AC99 as an identifier in your
message. See also Public Comment
Procedures under Procedural Matters.
MMS’s Public Connect on-line
commenting system, https://
ocsconnect.mms.gov. Follow the
instructions on the Web site for
submitting comments.
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the Web site for
submitting comments.
E-mail MMS at
rules.comments@mms.gov. Identify the
Regulation Identifier Number (RIN) in
the subject line.
Fax: 703–787–1093. Identify the RIN.
Mail or hand-carry comments to the
Department of the Interior; Minerals
Management Service; Mail Stop 4024;
381 Elden Street; Herndon, Virginia
20170–4817; Attention: Rules
Processing Team (RPT). Please reference
‘‘Oil and Gas and Sulphur Operations in
the Outer Continental Shelf (OCS), 30
CFR 250 Subpart A, General-Data
Release and Definitions.’’ in your
comments.
You may also send comments on the
information collection aspects of this
rule directly to the Office of
Management and Budget (OMB), Office
of Information and Regulatory Affairs,
OMB Attention: Desk Officer for the
Department of the Interior via OMB email (OIRA_DOCKET@omb.eop.gov) or
by fax (202) 395–6566; identify with
1010–AC99. Please also send a copy to
MMS.
FOR FURTHER INFORMATION CONTACT:
Kumkum Ray, Rules Processing Team,
Regulations and Standards Branch,
(703) 787–1600.
SUPPLEMENTARY INFORMATION: MMS
proposes to make the following
E:\FR\FM\23MRP1.SGM
23MRP1
14608
Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Proposed Rules
amendments to its regulations in Title
30 CFR Part 250:
1. Amend the definition of the term
‘‘Person’’ in § 250.105 to include joint
ventures as an example of an
association.
2. Amend the definition of the term
‘‘You’’ at § 250.105 to include the words
‘‘designated operator.’’ Under § 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 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 § 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
Subpart B regulations, and to clarify that
the archaeological report accompanies,
but is not part of, the Exploration Plan
(EP) or Development and Production
Plan (DPP), we propose to modify the
second part of this sentence to state that
‘‘* * * the Regional Director will
request in writing that your EP or DPP
be accompanied by an archaeological
report.’’
4. Redesignate §§ 250.195 and 250.196
as §§ 250.196 and 250.197, respectively,
and add a new § 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 Approval No. 1010–
0046), End of Operations Report
(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 proposing to add this requirement
because this information has become
one of the prime parameters in
determining inspection and testing
schedules for safety system devices.
VerDate jul<14>2003
16:19 Mar 22, 2005
Jkt 205001
5. Reorganize the forms data release
table in the proposed redesignated
§ 250.197(a), and add entries for the new
forms MMS–123S, Supplemental APD
Information Sheet; MMS–137, OCS Plan
Information; MMS–133, Well Activity
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
also proposes 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 redesigned and renamed some
of its forms. 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
proposed
§ 250.197(a) correspond to the revised
forms. You may obtain copies of the
forms listed in the table from any of the
OCS regional offices or at the Web site:
https://www.gomr.mms.gov/homepg/
mmsforms/frmindx.html
6. Revise § 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–144, Rig
Movement in the table at existing
§ 250.199.
8. Remove the definitions of ‘‘I, me, or
you’’ and ‘‘Person’’ at § 250.1402,
because the definitions for these terms
are found at § 250.105.
Procedural Matters
Public Comment Procedure
All submissions received must
include the agency name and docket
number or Regulation Identifier Number
(RIN) for this rulemaking. Our practice
is to make comments, including names
and addresses of respondents, available
for public review during regular
business hours. Individual respondents
may request that we withhold their
address from the record, which we will
honor to the extent allowable by law.
There may be circumstances in which
we would withhold from the record a
respondent’s identity, as allowable by
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
the law. If you wish us to withhold your
name and/or address, you must state
this prominently at the beginning of
your comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
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 Executive Order 12866.
This proposed rule:
1. Would not have an annual
economic effect of $100 million or more
on the economy. It would 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 proposed changes to the
definitions and data release tables
would have no financial impact on the
oil and gas industry.
b. The proposed requirements would
minimally increase the paperwork
burden for submitting first production
notices under newly proposed
§ 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. Would 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. Would not alter the budgetary
effects or entitlements, grants, user fees,
or loan programs or the rights or
obligations of their recipients. It would
have 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 (RF) Act
The Department of Interior (DOI)
certifies that this proposed rule would
not have a significant economic effect
on a substantial number of small entities
under the RF Act (5 U.S.C. 601 et seq.).
It would apply to all lessees operating
on the OCS. Small lessees would fall
under the Small Business
Administration’s (SBA) North American
E:\FR\FM\23MRP1.SGM
23MRP1
Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Proposed Rules
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 proposed
requirements would minimally increase
the paperwork burden for submitting
first production notices under newly
proposed § 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.) Thus, based on 130 lessees/
operators, the average increase would be
$100, for both large and small entities.
Since 70 percent of the companies are
small businesses, the total paperwork
burden for small companies would be
approximately 175 man hours,
representing an annual hour cost burden
of $8,750.
Your comments are important. The
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were
established to receive comments from
small businesses about Federal agency
enforcement actions. The Ombudsman
will annually evaluate the enforcement
activities and rate each agency’s
responsiveness to small business. If you
wish to comment on the enforcement
actions of MMS, call toll-free at (888)
734–3247. You may comment to the
SBA without fear of retaliation.
Disciplinary action for retaliation by an
MMS employee may include suspension
or termination from employment with
the DOI.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This proposed rule is not a major rule
under the SBREFA (5 U.S.C. 804(2)).
This proposed rule:
1. Would not have an annual effect on
the economy of $100 million or more.
As described above, we estimate an
annual increase of $100 per respondent.
These costs will not cause an annual
effect on the economy of $100 million.
2. Would 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 would not change the way the oil
and gas industry conducts business, nor
would it affect regional oil and gas
prices. Therefore, it would not cause
major cost increases for consumers, the
oil and gas industry, or any government
agencies.
VerDate jul<14>2003
16:19 Mar 22, 2005
Jkt 205001
3. Would not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
ability of United States (U.S.)-based
enterprises to compete with foreignbased enterprises. All lessees and
drilling contractors, regardless of
nationality, would have to comply with
the requirements of this proposed rule,
so it would not affect competition,
employment, investment, productivity,
innovation, or the ability of U.S.-based
enterprises to compete with foreignbased enterprises.
Paperwork Reduction Act (PRA) of 1995
The proposed rule would require a
new information collection (IC), and an
IC request (form OMB 83–I) has been
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.’’
The PRA provides that an agency may
not conduct or sponsor a collection of
information unless it displays a
currently valid OMB control number.
Until OMB approves the collection of
information and assigns a control
number, you are not required to
respond.
Respondents include approximately
130 Federal OCS oil and gas lessees.
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 proposed 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.
Proposed § 250.195 would 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 serves to alert
both MMS and the operator of the
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
14609
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.
The proposed rule would increase the
total paperwork hour burden of the 30
CFR Part 250, Subpart A, regulations by
250 hours. Based on a cost factor of $50
per hour, the hour burden of the new
paperwork requirements would be
$12,500. When this rulemaking becomes
effective, MMS will consolidate the 250
burden hours with the primary
information collection for 30 CFR 250,
Subpart A (OMB control number 1010–
0114, expiration date October 31, 2007).
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 in
the proposed rule.
1. We specifically solicit comments
on the following questions:
a. Is the proposed collection of
information necessary for MMS to
properly perform its 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 the use
of appropriate automated electronic,
mechanical, or other forms of
information technology?
2. In addition, the PRA requires
agencies to estimate the total annual
reporting and recordkeeping ‘‘nonhour’’ cost burden resulting from the
collection of information. We have not
identified any non-hour cost burden and
solicit your comments on this item. For
reporting and recordkeeping only, your
response should split the cost estimate
into two components: (a) the total
capital and startup cost component and
(b) the 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.
Generally, your estimates should not
include equipment or services
purchased before October 1, 1995; to
comply with requirements not
E:\FR\FM\23MRP1.SGM
23MRP1
14610
Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Proposed Rules
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 practice.
If you wish to comment on the hour
burdens in response to this notice, you
may send your comments to OMB, with
a copy to MMS (see the ADDRESSES
section of this notice). OMB is required
to make its decision on the information
collection aspects of this proposed rule
between 30 to 60 days after publication
in the Federal Register. Therefore, a
comment to OMB is best assured of
having its full effect if OMB receives it
by April 22, 2005. This does not affect
the deadline for the public to comment
to MMS on the proposed regulations.
Federalism (E.O. 13132)
According to E.O. 13132, this
proposed rule does not have Federalism
implications. This proposed rule would
not substantially and directly affect the
relationship between Federal and State
Governments. This proposed rule would
clarify and require information from
lessees/operators on the OCS, which is
outside State jurisdiction. States have
no role in this activity with or without
this proposed rule, and this proposed
rule would not impose costs on States
or localities.
Takings Implication Assessment (E.O.
12630)
According to E.O. 12630, the
proposed 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.
Civil Justice Reform (E.O. 12988)
According to E.O. 12988, the Office of
the Solicitor has determined that this
proposed rule would not unduly burden
the judicial system and does meet the
requirements of sections 3(a) and 3(b)(2)
of the Order.
National Environmental Policy Act
The rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. An
environmental impact statement is not
required.
Unfunded Mandates Reform Act
(UMRA) of 1995 (E.O. 12866)
This proposed rule would 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,
VerDate jul<14>2003
16:19 Mar 22, 2005
Jkt 205001
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.
Consultation and Coordination With
Indian Tribal Governments (E.O. 13175)
In accordance with E.O. 13175, this
proposed rule would not have tribal
implications that impose substantial
direct compliance costs on Indian tribal
governments.
List of Subjects in 30 CFR Part 250
Environmental impact statements,
Environmental protection, Government
contracts, Investigations, Mineral
royalties, Oil and gas development and
production, Oil and gas exploration, Oil
and gas reserves, Outer continental
shelf, Penalties, Pipelines, Public landsmineral resources, Public lands-rightsof-way, Reporting and recordkeeping
requirements, Sulphur development and
production, Sulphur exploration, Surety
bonds.
Dated: February 16, 2005.
Chad Calvert,
Acting Assistant Secretary, Land and
Minerals Management.
For the reasons stated in the
preamble, the Minerals Management
Service proposes to amend 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.
2. In § 250.105, revise the definitions
of the terms, ‘‘Person’’ and ‘‘You,’’ to
read as follows:
§ 250.105
Definitions.
*
*
*
*
*
Person includes, in addition to 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. In § 250.194 revise the introductory
text of paragraph (a) to read as follows:
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
§ 250.194 What archaeological reports and
surveys must I submit?
(a) If the Regional Director has reason
to believe that an archaeological
resource may exist in the lease area, the
Regional Director will request in writing
that your EP or DPP be accompanied by
an archaeological report. If the
archaeological report suggests that an
archaeological resource may be present,
you must either:
*
*
*
*
*
§§ 250.195 and 250.196
[Redisignated]
4. Redesignate § 250.195 and
§ 250.196 as § 250.196 and § 250.197
respectively.
5. Add new § 250.195 to read as
follows:
§ 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 as follows:
(a) Make the notification on the date
you place the well in a production
status. You may provide the notification
orally if confirmed in writing by telefax
or by e-mail.
(b) Include the following information
in your notification:
(1) Operator name;
(2) Well number, lease number, area,
and block;
(3) Date you place the well on
production (indicate whether or not this
is first production on the lease);
(4) Type of production; and
(5) Depth (measured depth) of
production interval.
6. In newly redesignated § 250.197 the
following changes are made:
A. Revise the introductory text and
paragraph (a) to read as set forth below.
B. Revise paragraph (8) in the table in
paragraph (b) to read as set forth below.
§ 250.197 Data and information to be made
available to the public.
MMS will protect data and
information you submit under this part.
MMS will make certain data and
information available to the public
without the consent of the lessee. The
tables in paragraphs (a) and (b) of this
section specify when MMS will make
data available to the public without the
consent of the lessee, and describe the
data and information that MMS will
make available.
(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:
E:\FR\FM\23MRP1.SGM
23MRP1
14611
Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Proposed Rules
On form. . .
Data and information not immediately
available are . . .
Excepted data will be made available . . .
(1) MMS–123, Application for Permit to Drill ....
Items 13, 14, 20, 21, and 22 ............................
(2) MMS–123S, Supplemental APD Information
Sheet.
Items 4, 13, 14, 15 and 20 ...............................
(3) MMS–124, Application for Permit to Modify
Item 22 .............................................................
(4) MMS–125, End of Operations Report .........
Items 12, 13, 17, 18, 23, 24 through 29, and
33 through 38.
(5) MMS–126, Well Potential Test Report ........
(6) MMS–127, Sensitive Reservoir Information
Report.
(7) MMS–133 Well Activity Report ....................
Item 101 ...........................................................
Items 124 through 168 .....................................
When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
When the well goes on production or 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.
2 years after you submit it.
2 years after the effective date of the Sensitive Reservoir Information Report.
When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
(8) MMS–137, OCS Plan Information ...............
(9) MMS–140, Bottomhole Pressure Survey
Report.
Item 10 Fields [WELLBORE, START DATE,
TD DATE, OP STATUS, END DATE, MD,
TVD AND MW PPG] Item 11 Fields
[WELLBORE START DATE, TD DATE,
PLUGBACK DATE, FINAL MD, AND FINAL
TVD]. and Items 12 through 15.
Items providing the bottomhole location, true
vertical depth, and measured depth of wells.
All items ............................................................
When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier.
2 years after the date of the survey.
(b) * * *
If . . .
MMS will release . . .
*
*
(8) Data or information is submitted on well operations.
*
At this time . . .
Special provisions
*
*
*
Descriptions of downhole loca- When the well goes on production
tions, operations, and equipor geological data is released
ment.
according to §§ 250.197(b)(6)
and (b)(7), whichever is earlier.
*
*
7. Amend the table at § 250.199(e), by
adding paragraph (26) to read as
follows:
*
*
§ 250.199 Paperwork Reduction Act
statements—information collection.
*
*
*
*
*
*
Directional survey data may be released earlier to the owner of
an adjacent lease according to
Subpart D of this part.
*
*
(e) * * *
*
30 CFR 250 subpart/title (OMB control number)
Reasons for collecting information and how used
*
*
(26) Form MMS–144, Rig Movement (used in
GOM region), Subparts D, E, F (1010–0150).
*
*
*
*
*
The rig notification requirement is essential for MMS inspection scheduling and to verify that
the equipment being used complies with approved permits.
VerDate jul<14>2003
16:19 Mar 22, 2005
Jkt 205001
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
E:\FR\FM\23MRP1.SGM
23MRP1
14612
Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Proposed Rules
§ 250.1402
[Amended]
8. In § 250.1402, remove the
definitions of ‘‘I, me, or you’’ and
‘‘Person.’’
[FR Doc. 05–5678 Filed 3–22–05; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 147
[CGD08–05–015]
RIN 1625–AA00
Safety Zone; Outer Continental Shelf
Facility in the Gulf of Mexico for Green
Canyon 787
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a safety zone around a
petroleum and gas production facility in
Green Canyon 787 of the Outer
Continental Shelf in the Gulf of Mexico.
The facility needs to be protected from
vessels operating outside the normal
shipping channels and fairways, and
placing a safety zone around this area
would significantly reduce the threat of
allisions, oil spills and releases of
natural gas. This proposed rule
prohibits all vessels from entering or
remaining in the specified area around
the facility’s location except for the
following: an attending vessel; a vessel
under 100 feet in length overall not
engaged in towing; or a vessel
authorized by the Eighth Coast Guard
District Commander.
DATES: Comments and related material
must reach the Coast Guard on or before
May 23, 2005.
ADDRESSES: You may mail comments
and related material to Commander,
Eighth Coast Guard District (m), Hale
Boggs Federal Bldg., 500 Poydras Street,
New Orleans, LA 70130, or comments
and related material may be delivered to
Room 1341 at the same address between
8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
telephone number is (504) 589–6271.
Commander, Eighth Coast Guard
District (m) maintains the public docket
for this rulemaking. Comments and
material received from the public, as
well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at the location listed above
during the noted time periods.
VerDate jul<14>2003
16:19 Mar 22, 2005
Jkt 205001
FOR FURTHER INFORMATION CONTACT:
Lieutenant (LT) Kevin Lynn, Project
Manager for Eighth Coast Guard District
Commander, Hale Boggs Federal Bldg.,
500 Poydras Street, New Orleans, LA
70130, telephone (504) 589–6271.
SUPPLEMENTARY INFORMATION:
Requests for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking [CGD08–05–015],
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not plan to hold a public
meeting. However, you may submit a
request for a meeting by writing to
Commander, Eighth Coast Guard
District (m) at the address under
ADDRESSES explaining why one would
be beneficial. If we determine that a
public meeting would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
The Coast Guard proposes the
establishment of a safety zone around
the Atlantis Semi-Submersible facility, a
petroleum and gas production facility in
the Gulf of Mexico in Green Canyon 787
(GC 787), located at position 27°11′44″
N, 90°01′37″ W. This facility is expected
to be on location beginning September
1, 2005.
This proposed safety zone is in the
deepwater area of the Gulf of Mexico.
For the purposes of this regulation it is
considered to be in waters of 304.8
meters (1,000 feet) or greater depth
extending to the limits of the Exclusive
Economic Zone (EEZ) contiguous to the
territorial sea of the United States and
extending to a distance up to 200
nautical miles from the baseline from
which the breadth of the sea is
measured. Navigation in the area of the
proposed safety zone consists of large
commercial shipping vessels, fishing
vessels, cruise ships, tugs with tows and
the occasional recreational vessel. The
deepwater area of the Gulf of Mexico
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
also includes an extensive system of
fairways. The fairway nearest the
proposed safety zone is the South of
Gulf Safety Fairway. Significant
amounts of vessel traffic occur in or
near the various fairways in the
deepwater area.
British Petroleum Exploration and
Production, Inc., hereafter referred to as
BP, has requested that the Coast Guard
establish a safety zone in the Gulf of
Mexico around the Atlantis SemiSubmersible facility.
The request for the safety zone was
made due to the high level of shipping
activity around the facility and the
associated safety concerns for both the
onboard personnel and the
environment. Information provided by
BP to the Coast Guard indicates that the
location, production level, and
personnel levels on board the facility
make it highly likely that any allision
with the facility or its mooring system
would result in a catastrophic event.
The Coast Guard has evaluated BP’s
information and concerns against Eighth
Coast Guard District criteria developed
to determine if an Outer Continental
Shelf facility qualifies for a safety zone.
Several factors were considered to
determine the necessity of a safety zone
for the Atlantis Semi-Submersible
facility: (1) The facility is located
approximately 36 nautical miles south
of the South of Gulf Safety Fairway; (2)
the facility will have a high daily
production capacity of petroleum oil
and gas per day; (3) the facility will be
manned; and (4) the facility will be of
the semi-submersible type.
We conclude that the risk of allision
to the facility and the potential for loss
of life and damage to the environment
resulting from such an accident
warrants the establishment of this
proposed safety zone. The proposed rule
would significantly reduce the threat of
allisions, oil spills and natural gas
releases and increase the safety of life,
property, and the environment in the
Gulf of Mexico. This proposed
regulation is issued pursuant to 14
U.S.C. 85 and 43 U.S.C. 1333 as set out
in the authority citation for 33 CFR part
147.
Discussion of Proposed Rule
The proposed safety zone would
encompass the area within 500 meters
(1640.4 feet) from each point on the
Atlantis’s structure outer edge. No
vessel would be allowed to enter or
remain in this proposed safety zone
except the following: an attending
vessel; a vessel under 100 feet in length
overall not engaged in towing; or a
vessel authorized by the Eighth Coast
Guard District Commander.
E:\FR\FM\23MRP1.SGM
23MRP1
]]>Agencies
[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Proposed Rules]
[Pages 14607-14612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5678]
=======================================================================
-----------------------------------------------------------------------
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); Data Release and Definitions
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rulemaking would revise certain existing
definitions, add a first production notice requirement, and make some
administrative changes. MMS recently redesigned and renamed some of its
forms to aid submission and streamline data. 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 proposed rulemaking would correspond to recently
revised forms, provide clarity and explanation of definitions and
forms, and correct form submittal with first production notices. It
would also clarify the basis upon which the Regional Director invokes
the requirement for an archaeological survey on a lease area.
DATES: We will consider all comments received by June 21, 2005. We will
begin reviewing comments then and may not fully consider comments we
receive after June 21, 2005.
ADDRESSES: You may submit comments on the rulemaking by any of the
following methods listed below. Please use 1010-AC99 as an identifier
in your message. See also Public Comment Procedures under Procedural
Matters.
MMS's Public Connect on-line commenting system, https://
ocsconnect.mms.gov. Follow the instructions on the Web site for
submitting comments.
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions on the Web site for submitting comments.
E-mail MMS at rules.comments@mms.gov. Identify the Regulation
Identifier Number (RIN) in the subject line.
Fax: 703-787-1093. Identify the RIN.
Mail or hand-carry comments to the Department of the Interior;
Minerals Management Service; Mail Stop 4024; 381 Elden Street; Herndon,
Virginia 20170-4817; Attention: Rules Processing Team (RPT). Please
reference ``Oil and Gas and Sulphur Operations in the Outer Continental
Shelf (OCS), 30 CFR 250 Subpart A, General-Data Release and
Definitions.'' in your comments.
You may also send comments on the information collection aspects of
this rule directly to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs, OMB Attention: Desk Officer for
the Department of the Interior via OMB e-mail (OIRA--
DOCKET@omb.eop.gov) or by fax (202) 395-6566; identify with 1010-AC99.
Please also send a copy to MMS.
FOR FURTHER INFORMATION CONTACT: Kumkum Ray, Rules Processing Team,
Regulations and Standards Branch, (703) 787-1600.
SUPPLEMENTARY INFORMATION: MMS proposes to make the following
[[Page 14608]]
amendments to its regulations in Title 30 CFR Part 250:
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 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 Subpart B regulations, and to clarify
that the archaeological report accompanies, but is not part of, the
Exploration Plan (EP) or Development and Production Plan (DPP), we
propose to modify the second part of this sentence to state that ``* *
* the Regional Director will request in writing that your EP 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
Approval No. 1010-0046), End of Operations Report (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 proposing to
add 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 proposed
redesignated Sec. 250.197(a), and add entries for the new forms MMS-
123S, Supplemental APD Information Sheet; MMS-137, OCS Plan
Information; MMS-133, Well Activity 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 also proposes 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 redesigned and renamed
some of its forms. 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
proposed
Sec. 250.197(a) correspond to the revised forms. You may obtain
copies of the forms listed in the table from any of the OCS regional
offices or at the Web site: https://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-144, Rig Movement in the table at existing
Sec. 250.199.
8. 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.
Procedural Matters
Public Comment Procedure
All submissions received must include the agency name and docket
number or Regulation Identifier Number (RIN) for this rulemaking. Our
practice is to make comments, including names and addresses of
respondents, available for public review during regular business hours.
Individual respondents may request that we withhold their address from
the record, which we will honor to the extent allowable by law. There
may be circumstances in which we would withhold from the record a
respondent's identity, as allowable by the law. If you wish us to
withhold your name and/or address, you must state this prominently at
the beginning of your comment. However, we will not consider anonymous
comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
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 Executive
Order 12866. This proposed rule:
1. Would not have an annual economic effect of $100 million or more
on the economy. It would 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 proposed changes to the definitions and data release tables
would have no financial impact on the oil and gas industry.
b. The proposed requirements would minimally increase the paperwork
burden for submitting first production notices under newly proposed
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. Would 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. Would not alter the budgetary effects or entitlements, grants,
user fees, or loan programs or the rights or obligations of their
recipients. It would have 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 (RF) Act
The Department of Interior (DOI) certifies that this proposed rule
would not have a significant economic effect on a substantial number of
small entities under the RF Act (5 U.S.C. 601 et seq.). It would apply
to all lessees operating on the OCS. Small lessees would fall under the
Small Business Administration's (SBA) North American
[[Page 14609]]
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 proposed requirements would minimally increase the paperwork
burden for submitting first production notices under newly proposed
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.) Thus, based on 130 lessees/operators, the average increase
would be $100, for both large and small entities. Since 70 percent of
the companies are small businesses, the total paperwork burden for
small companies would be approximately 175 man hours, representing an
annual hour cost burden of $8,750.
Your comments are important. The Small Business and Agriculture
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were
established to receive comments from small businesses about Federal
agency enforcement actions. The Ombudsman will annually evaluate the
enforcement activities and rate each agency's responsiveness to small
business. If you wish to comment on the enforcement actions of MMS,
call toll-free at (888) 734-3247. You may comment to the SBA without
fear of retaliation. Disciplinary action for retaliation by an MMS
employee may include suspension or termination from employment with the
DOI.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This proposed rule is not a major rule under the SBREFA (5 U.S.C.
804(2)). This proposed rule:
1. Would not have an annual effect on the economy of $100 million
or more. As described above, we estimate an annual increase of $100 per
respondent. These costs will not cause an annual effect on the economy
of $100 million.
2. Would 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 would not
change the way the oil and gas industry conducts business, nor would it
affect regional oil and gas prices. Therefore, it would not cause major
cost increases for consumers, the oil and gas industry, or any
government agencies.
3. Would 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, would have to comply with the requirements of this
proposed rule, so it would not affect competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Paperwork Reduction Act (PRA) of 1995
The proposed rule would require a new information collection (IC),
and an IC request (form OMB 83-I) has been 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.'' The PRA provides that an agency may not
conduct or sponsor a collection of information unless it displays a
currently valid OMB control number. Until OMB approves the collection
of information and assigns a control number, you are not required to
respond.
Respondents include approximately 130 Federal OCS oil and gas
lessees. 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 Sec. 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 proposed 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.
Proposed Sec. 250.195 would 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 serves 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.
The proposed rule would increase the total paperwork hour burden of
the 30 CFR Part 250, Subpart A, regulations by 250 hours. Based on a
cost factor of $50 per hour, the hour burden of the new paperwork
requirements would be $12,500. When this rulemaking becomes effective,
MMS will consolidate the 250 burden hours with the primary information
collection for 30 CFR 250, Subpart A (OMB control number 1010-0114,
expiration date October 31, 2007).
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 in the proposed rule.
1. We specifically solicit comments on the following questions:
a. Is the proposed collection of information necessary for MMS to
properly perform its 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 the use of appropriate automated
electronic, mechanical, or other forms of information technology?
2. In addition, the PRA requires agencies to estimate the total
annual reporting and recordkeeping ``non-hour'' cost burden resulting
from the collection of information. We have not identified any non-hour
cost burden and solicit your comments on this item. For reporting and
recordkeeping only, your response should split the cost estimate into
two components: (a) the total capital and startup cost component and
(b) the 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. Generally,
your estimates should not include equipment or services purchased
before October 1, 1995; to comply with requirements not
[[Page 14610]]
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 practice.
If you wish to comment on the hour burdens in response to this
notice, you may send your comments to OMB, with a copy to MMS (see the
ADDRESSES section of this notice). OMB is required to make its decision
on the information collection aspects of this proposed rule between 30
to 60 days after publication in the Federal Register. Therefore, a
comment to OMB is best assured of having its full effect if OMB
receives it by April 22, 2005. This does not affect the deadline for
the public to comment to MMS on the proposed regulations.
Federalism (E.O. 13132)
According to E.O. 13132, this proposed rule does not have
Federalism implications. This proposed rule would not substantially and
directly affect the relationship between Federal and State Governments.
This proposed rule would clarify and require information from lessees/
operators on the OCS, which is outside State jurisdiction. States have
no role in this activity with or without this proposed rule, and this
proposed rule would not impose costs on States or localities.
Takings Implication Assessment (E.O. 12630)
According to E.O. 12630, the proposed 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.
Civil Justice Reform (E.O. 12988)
According to E.O. 12988, the Office of the Solicitor has determined
that this proposed rule would not unduly burden the judicial system and
does meet the requirements of sections 3(a) and 3(b)(2) of the Order.
National Environmental Policy Act
The rule does not constitute a major Federal action significantly
affecting the quality of the human environment. An environmental impact
statement is not required.
Unfunded Mandates Reform Act (UMRA) of 1995 (E.O. 12866)
This proposed rule would 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.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
In accordance with E.O. 13175, this proposed rule would not have
tribal implications that impose substantial direct compliance costs on
Indian tribal governments.
List of Subjects in 30 CFR Part 250
Environmental impact statements, Environmental protection,
Government contracts, Investigations, Mineral royalties, Oil and gas
development and production, Oil and gas exploration, Oil and gas
reserves, Outer continental shelf, Penalties, Pipelines, Public lands-
mineral resources, Public lands-rights-of-way, Reporting and
recordkeeping requirements, Sulphur development and production, Sulphur
exploration, Surety bonds.
Dated: February 16, 2005.
Chad Calvert,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Minerals Management
Service proposes to amend 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.
2. In Sec. 250.105, revise the definitions of the terms,
``Person'' and ``You,'' to read as follows:
Sec. 250.105 Definitions.
* * * * *
Person includes, in addition to 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. In Sec. 250.194 revise the introductory text of paragraph (a)
to read as follows:
Sec. 250.194 What archaeological reports and surveys must I submit?
(a) If the Regional Director has reason to believe that an
archaeological resource may exist in the lease area, the Regional
Director will request in writing that your EP 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 [Redisignated]
4. Redesignate Sec. 250.195 and Sec. 250.196 as Sec. 250.196 and
Sec. 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 as follows:
(a) Make the notification on the date you place the well in a
production status. You may provide the notification orally if confirmed
in writing by telefax or by e-mail.
(b) Include the following information in your notification:
(1) Operator name;
(2) Well number, lease number, area, and block;
(3) Date you place the well on production (indicate whether or not
this is first production on the lease);
(4) Type of production; and
(5) Depth (measured depth) of production interval.
6. In newly redesignated Sec. 250.197 the following changes are
made:
A. Revise the introductory text and paragraph (a) to read as set
forth below.
B. Revise paragraph (8) 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.
MMS will protect data and information you submit under this part.
MMS will make certain data and information available to the public
without the consent of the lessee. The tables in paragraphs (a) and (b)
of this section specify when MMS will make data available to the public
without the consent of the lessee, and describe the data and
information that MMS will make available.
(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:
[[Page 14611]]
------------------------------------------------------------------------
Data and
information not Excepted data
On form. . . immediately will be made
available are . . available . . .
.
------------------------------------------------------------------------
(1) MMS-123, Application for Items 13, 14, 20, When the well goes
Permit to Drill. 21, and 22. on production or
according to the
table in
paragraph (b) of
this section,
whichever is
earlier.
(2) MMS-123S, Supplemental APD Items 4, 13, 14, When the well goes
Information Sheet. 15 and 20. on production or
according to the
table in
paragraph (b) of
this section,
whichever is
earlier.
(3) MMS-124, Application for Item 22........... When the well goes
Permit to Modify. on 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
Report. 18, 23, 24 on production or
through 29, and according to the
33 through 38. 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 Test Item 101.......... 2 years after you
Report. submit it.
(6) MMS-127, Sensitive Reservoir Items 124 through 2 years after the
Information Report. 168. effective date of
the Sensitive
Reservoir
Information
Report.
(7) MMS-133 Well Activity Report Item 10 Fields When the well goes
[WELLBORE, START on production or
DATE, TD DATE, OP according to the
STATUS, END DATE, table in
MD, TVD AND MW paragraph (b) of
PPG] Item 11 this section,
Fields [WELLBORE whichever is
START DATE, TD earlier.
DATE, PLUGBACK
DATE, FINAL MD,
AND FINAL TVD].
and Items 12
through 15.
(8) MMS-137, OCS Plan Items providing When the well goes
Information. the bottomhole on production or
location, true according to the
vertical depth, table in
and measured paragraph (b) of
depth of wells. this section,
whichever is
earlier.
(9) MMS-140, Bottomhole Pressure All items......... 2 years after the
Survey Report. date of the
survey.
------------------------------------------------------------------------
(b) * * *
----------------------------------------------------------------------------------------------------------------
If . . . MMS will release . . . At this time . . . Special provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(8) Data or information is submitted Descriptions of When the well goes on Directional survey data
on well operations. downhole locations, production or 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 is
earlier.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
7. Amend the table at Sec. 250.199(e), by adding paragraph (26) to
read as follows:
Sec. 250.199 Paperwork Reduction Act statements--information
collection.
* * * * *
(e) * * *
------------------------------------------------------------------------
30 CFR 250 subpart/title (OMB Reasons for collecting information and
control number) how used
------------------------------------------------------------------------
* * * * * * *
(26) Form MMS-144, Rig The rig notification requirement is
Movement (used in GOM essential for MMS inspection scheduling
region), Subparts D, E, F and to verify that the equipment being
(1010-0150). used complies with approved permits.
------------------------------------------------------------------------
[[Page 14612]]
Sec. 250.1402 [Amended]
8. In Sec. 250.1402, remove the definitions of ``I, me, or you''
and ``Person.''
[FR Doc. 05-5678 Filed 3-22-05; 8:45 am]
BILLING CODE 4310-MR-P
