Oil and Gas and Sulphur Operations in the Outer Continental Shelf (OCS), 30 CFR 250 Subpart A, General-Data Release and Definitions, 23858-23864 [06-3898]
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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
Minerals Management Service
(MMS), Interior.
ACTION: Final rule.
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AGENCY:
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 § 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 30 CFR part 250.
Therefore, a designated operator is an
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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
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 §§ 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 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
§ 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
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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 § 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: 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–133S,
Open Hole Data Report, in the table at
existing § 250.199.
8. Insert a new Form MMS–144, Rig
Movement Notification Report, in the
table at existing § 250.199.
9. Remove the definitions of ‘‘I, me, or
you’’ and ‘‘Person’’ at § 250.1402,
because the definitions for these terms
are found at § 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
§ 250.196(b) specifying what MMS
considers to be geological data,
geophysical data, interpreted G&G data,
analyzed geological information, etc.
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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 § 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
§ 250.105.
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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
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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 bottomhole 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
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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 § 250.197(a)(4)
(see also the third column of table at
§ 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
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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:
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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 § 250.197(a).’’
Response: We appreciate this
comment and have corrected our
oversight by changing the form names in
the table at § 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 § 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.
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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 § 250.195. At
an average cost of $50 per hour, the
increase of approximately 250 manhours 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.
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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 foreignbased 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.
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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.’’
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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 email your comments to MMS, the
address is: rules.comment@mms.gov.
You may also submit comments on the
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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.
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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:
I
PART 250—OIL AND GAS AND
SULPHUR OPERATIONS IN THE
OUTER CONTINENTAL SHELF
lessee granted a right-of-use and
easement.
*
*
*
*
*
I 3. The heading of § 250.194 and the
introductory text of paragraph (a) are
revised to read as follows:
§ 250.194 How must I protect
archaeological resources?
2. In § 250.105, revise the definitions
of the term, ‘‘Person’’ and ‘‘You,’’ to
read as follows:
(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:
*
*
*
*
*
§ 250.105
§§ 250.195 and 250.196
1. The authority citation for part 250
continues to read as follows:
I
Authority: 43 U.S.C. 1331 et seq.; 31 U.S.C.
9701.
I
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
[Redesignated]
4. Sections 250.195 and 250.196 are
redesignated §§ 250.196 and 250.197,
respectively.
I 5. Add new § 250.195 to read as
follows:
I
§ 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.
§ 250.197
[Amended]
6. In newly redesignated § 250.197,
the following revisions are made:
I A. Revise paragraph (a) to read as set
forth below.
I B. Revise paragraph (7) in the table in
paragraph (b) to read as set forth below.
I
§ 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:
On form . . .
Data and information not immediately available are . . .
Excepted data will be made available . . .
(1) MMS–123, Application for Permit to Drill.
(2) MMS–123S, Supplemental APD
Information Sheet.
(3) MMS–124, Application for Permit to Modify.
(4) MMS–125, End of Operations
Report.
Items 15, 16, 22 through 25 ..........
(5) MMS–126, Well Potential Test
Report.
(6) MMS–127, Sensitive Reservoir
Information Report.
(7) MMS–133 Well Activity Report ..
Item 101 .........................................
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.
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(8) MMS–133S Open Hole Data
Report.
(9) MMS–137 OCS Plan Information.
(10) MMS–140, Bottomhole Pressure Survey Report.
Items 3, 7, 8, 15 and 17 ................
Item 17 ...........................................
Items 12, 13, 17, 21, 22, 26
through 38.
Items 124 through 168 ..................
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.
Boxes 7 and 8 ...............................
Items providing the bottomhole location, true vertical depth, and
measured depth of wells.
All items .........................................
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.
When the well goes on production or according to the table in paragraph (b) of this seciton, whichever is earlier.
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) * * *
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If . . .
MMS will release . . .
*
(7) Data or information is
submitted on well operations.
*
*
*
*
*
Descriptions of downhole
locations, operations,
and equipment.
*
*
*
At this time . . .
Special provisions
*
*
When the well goes on production or
when geological data is released according to §§ 250.197(b)(6) and (b)(7),
whichever occurs earlier.
*
*
Directional survey data may be released
earlier to the owner of an adjacent
lease according to Subpart D of this
part.
*
*
7. Revise § 250.199 (e), to read as
follows:
I
*
*
*
*
§ 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 number)
Reasons for collecting information and how used
(1) Subpart A, General (1010–0114), including Forms MMS–
132, Evacuation Statistics; MMS–1123, Designation of Operator; MMS–1882, Notification of Incidents of Noncompliance.
To inform MMS of actions taken to comply with general operational requirements
on the OCS. To ensure that 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.
To inform MMS, States, and the public of planned exploration, development, and
production operations on the OCS. To ensure that operations on the OCS are
planned to comply with statutory and regulatory requirements, will be safe and
protect the human, marine, and coastal environment, and will result in diligent
exploration, development, and production of leases.
(2) Subpart B, Exploration and Development and Production
Plans (1010–0151), including Forms MMS–137, OCS Plan
Information Form; MMS–139, EP Air Quality Screening
Checklist; MMS–138, DOCD Air Quality Screening Checklist, MMS–141, ROV Survey Report Form; MMS–142, Environmental Impact Analysis Worksheet.
(3) Subpart C, Pollution Prevention and Control (1010–0057)
(4) Subpart D, Oil and Gas and Drilling Operations (1010–
0141), including Forms MMS–123, Application for Permit to
Drill; MMS–123S, Supplemental APD Information Sheet;
MMS–124, Application for Permit to Modify; MMS–125,
End of Operations Report; MMS–133, Well Activity Report;
MMS–133S, Open Hole Data Report.
(5) Subpart E, Oil and Gas Well-Completion Operations
(1010–0067).
(6) Subpart F, Oil and Gas Well Workover Operations (1010–
0043).
(7) Subpart H, Oil and Gas Production Safety Systems
(1010–0059).
(8) Subpart I, Platforms and Structures (1010–0149) .............
(9) Subpart J, Pipelines and Pipeline Rights-of-Way (1010–
0050).
(10) Subpart K, Oil and Gas Production Rates (1010–0041),
including Forms MMS–126, Well Potential Test Report;
MMS–127, Sensitive Reservoir Information Report; MMS–
128, Semiannual Well Test Report; MMS–140 Bottomhole
Pressure Survey Report.
(11) Subpart L, Oil and Gas Production Measurement, Surface Commingling, and Security (1010–0051).
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(12) Subpart M, Unitization (1010–0068) .................................
(13) Subpart N, Remedies and Penalties ................................
(14) Subpart O, Well Control and Production Safety Training
(1010–0128).
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To inform MMS of measures to be taken to prevent water and air pollution. To
ensure that appropriate measures are taken to prevent water and air pollution.
To inform MMS of the equipment and procedures to be used in drilling operations on the OCS. To ensure that drilling operations are safe and protect the
human, marine, and coastal environment.
To inform MMS of the equipment 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.
To inform MMS of the equipment and procedures to be used during wellworkover operations on the OCS. To ensure that well-workover operations are
safe and protect the human, marine, and coastal environment.
To inform MMS of the equipment 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.
To provide MMS with information regarding the design, fabrication, and installation of platforms on the OCS. To ensure the structural integrity of platforms installed on the OCS.
To provide MMS with information 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.
To inform MMS of production rates for hydrocarbons produced on the OCS. To
ensure economic maximization of ultimate hydrocarbon recovery.
To inform MMS of the measurement of production, 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.
To inform MMS of the unitization of leases. To ensure that unitization prevents
waste, conserves natural resources, and protects correlative rights.
The requirements in subpart N are exempt from the Paperwork Reduction Act of
1995 according to 5 CFR 1320.4.
To inform MMS of training 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.
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Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Rules and Regulations
30 CFR 250 Subpart/title (OMB control number)
Reasons for collecting information and how used
(15) Subpart P, Sulphur Operations (1010–0086) ...................
To inform MMS of sulphur 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.
To determine that 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.
Voluntary. We use the information obtained from this form to develop an industry
average that helps to describe how well the offshore oil and gas industry is
performing.
The rig notification requirement is essential for MMS inspection scheduling and to
verify that the equipment being used complies with approved permits.
(16) Subpart Q, Decommissioning Activities (1010–0142) ......
(17) Form MMS–131, Performance Measures (1010–0112) ...
(18) Form MMS–144, Rig Movement Notification Report
(form used in the GOM OCS Region), Subparts D, E, F,
(1010–0150).
§ 250.1402
[Amended]
8. In § 250.1402, remove the
definitions of ‘‘I, me, or you’’ and
‘‘Person.’’
I
[FR Doc. 06–3898 Filed 4–24–06; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–06–041]
RIN 1625–AA09
Drawbridge Operation Regulations;
Southern Branch of the Elizabeth
River, Chesapeake, VA
Coast Guard, DHS.
Temporary deviation from the
regulations.
AGENCY:
cprice-sewell on PROD1PC66 with RULES
ACTION:
SUMMARY: The Coast Guard has
approved a temporary deviation from
the regulations governing the operation
of the Jordan Bridge across the Southern
Branch of the Elizabeth River, at mile
2.8, in Chesapeake, Virginia. This
deviation allows the drawbridge to be
maintained in the limited open-tonavigation position at 90 feet above
mean high water each day from 8 a.m.
to 8 p.m. on May 13, May 14, May 20,
and May 21, 2006. Mariners requiring
openings in excess of 90 feet above
mean high water are requested to
provide at least two hours advance
notice to the Jordan Bridge Office at
(757) 545–4695. This deviation is
necessary to facilitate the completion of
repairs to the counterweight system.
DATES: This rule is effective from 8 a.m.
on May 13, 2006, through 8 p.m. on May
21, 2006.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at Commander (dpb), Fifth
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Coast Guard District, Federal Building,
1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004 between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
telephone number is (757) 398–6222.
Commander (dpb), Fifth Coast Guard
District maintains the public docket for
this temporary deviation.
FOR FURTHER INFORMATION CONTACT: Bill
Brazier, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6422.
SUPPLEMENTARY INFORMATION: The
Jordan Bridge, a vertical lift-type
drawbridge, has vertical clearances in
the full closed-to-navigation position
and in the full open-to-navigation
position of 15 feet and 145 feet above
mean high water, respectively. The
bridge owner, the City of Chesapeake,
has requested a temporary deviation
from the current operating regulation set
out in 33 CFR 117.997(b), to effect
mechanical repairs of the vertical lift
span.
To facilitate the repairs, the
drawbridge will be maintained in the
limited open-to-navigation position at
90 feet, above mean high water, each
day from 8 a.m. to 8 p.m. on May 12,
May 13, May 20, and May 21, 2006.
Mariners requiring openings in excess of
90 feet, above mean high water, are
requested to provide at least two hours
advance notice to the Jordan Bridge
Office at (757) 545–4695. At all other
times, the drawbridge will operate in
accordance with the current operating
regulations outlined in 33 CFR
117.997(b).
The Coast Guard has informed the
known users of the waterway so that
they can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
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regulations is authorized under 33 CFR
117.35.
Dated: April 13, 2006.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 06–3887 Filed 4–24–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2006–0375; FRL–8161–2]
Georgia: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
SUMMARY: Georgia has applied to EPA
for Final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA proposes to grant final
authorization to Georgia. In the ‘‘Rules
and Regulations’’ section of this Federal
Register, EPA is authorizing the changes
by an immediate final rule. EPA did not
make a proposal prior to the immediate
final rule because we believe this action
is not controversial and do not expect
comments that oppose it. We have
explained the reasons for this
authorization in the preamble of the
immediate final rule. Unless we get
written comments which oppose this
authorization during the comment
period, the immediate final rule will
become effective on the date it
establishes, and we will not take further
action on this proposal. If we receive
comments that oppose this action, we
will withdraw the immediate final rule
and it will not take effect. We will
respond to public comments in a later
final rule based on this proposal. You
E:\FR\FM\25APR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Rules and Regulations]
[Pages 23858-23864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3898]
[[Page 23858]]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: 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-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.
0
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
0
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.
0
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.
* * * * *
0
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]
0
4. Sections 250.195 and 250.196 are redesignated Sec. Sec. 250.196 and
250.197, respectively.
0
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]
0
6. In newly redesignated Sec. 250.197, the following revisions are
made:
0
A. Revise paragraph (a) to read as set forth below.
0
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
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]
0
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
