[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Notices]
[Pages 6725-6727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2425]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of revision of an information collection (1010-0041).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS 
is inviting comments on a collection of information that we will submit 
to the Office of Management and Budget (OMB) for review and approval. 
The information collection request (ICR) concerns the paperwork 
requirements in the regulations under 30 CFR 250, subpart K, ``Oil and 
Gas Production Rates.''

DATES: Submit written comments by April 11, 2005.

ADDRESSES: You may submit comments on the burden by any of the 
following methods listed below. Please use OMB control number 1010-0041 
as an identifier in your message.
     MMS's Public Connect on-line commenting system, https://ocsconnect.mms.gov. Follow the instructions on the website for 
submitting comments.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions on the website for submitting comments.
     E-mail MMS at [email protected]. Use 1010-0041 in the 
subject line.
     Fax: 703-787-1093. Identify with 1010-0041.
     Mail or hand-carry comments to the Department of the 
Interior; Minerals Management Service; Attention: Rules Processing Team 
(RPT); 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please 
reference Information Collection 1010-0041 in your comments and include 
your name and return address.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Rules Processing Team

[[Page 6726]]

at (703) 787-1600. You may also contact Cheryl Blundon to obtain a 
copy, at no cost, of the regulations and the forms that require the 
subject collection of information.

SUPPLEMENTARY INFORMATION: Title: 30 CFR Part 250, Subpart K, Oil and 
Gas Production Rates.
    OMB Control Number: 1010-0041.
    Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended 
(43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes the 
Secretary of the Interior (Secretary) to prescribe rules and 
regulations to administer leasing of the OCS. Such rules and 
regulations will apply to all operations conducted under a lease. 
Operations on the OCS must preserve, protect, and develop oil and 
natural gas resources in a manner that is consistent with the need to 
make such resources available to meet the Nation's energy needs as 
rapidly as possible; to balance orderly energy resource development 
with protection of human, marine, and coastal environments; to ensure 
the public a fair and equitable return on the resources of the OCS; and 
to preserve and maintain free enterprise competition.
    Section 5(a) of the OCS Lands Act requires the Secretary to 
prescribe rules and regulations ``to provide for the prevention of 
waste, and conservation of the natural resources of the Outer 
Continental Shelf, and the protection of correlative rights therein'' 
and to include provisions ``for the prompt and efficient exploration 
and development of a lease area.''
    Section 1334(g)(2) states ''* * * the lessee shall produce such oil 
or gas, or both, at rates * * * to assure the maximum rate of 
production which may be sustained without loss of ultimate recovery of 
oil or gas, or both, under sound engineering and economic principles, 
and which is safe for the duration of the activity covered by the 
approved plan.''
    These authorities and responsibilities are among those delegated to 
the Minerals Management Service (MMS). The regulations at 30 CFR part 
250, subpart K, concern oil and gas production rates, and are the 
subject of this collection.
    In addition, MMS also issues various Notices to Lessees (NTLs) and 
Operators to clarify and provide additional guidance on some aspects of 
the regulations, as well as various forms to capture the data and 
information. The current subpart K regulations specify the use of forms 
MMS-126 (Well Potential Test Report, OMB Control Number 1010-0039, 
expiration 10/31/07), MMS-127 (Sensitive Reservoir Information Report, 
OMB Control Number 1010-0018, expiration 10/31/07), and MMS-128 
(Semiannual Well Test Report, OMB Control Number 1010-0017, expiration 
8/31/05), all of which were approved individually by OMB and assigned 
separate control numbers. This submission also includes the burden for 
form MMS-140 (Bottomhole Pressure Survey Report). Form MMS-140 is used 
in the Gulf of Mexico OCS Region (GOMR) for submitting the results of 
static bottomhole pressure surveys required under Sec.  250.1104(c). 
With this submission, we are merging the collections for the general 
use requirements of 30 CFR 250.1100, Oil and Gas Production Rates, as 
well as the collections for the four forms associated with subpart K 
into the primary collection for subpart K, OMB Control Number, 1010-
0041.
    The forms and their purposes are:

Form MMS-126, Well Potential Test Report

    MMS uses this information for various environmental, reservoir, 
reserves, and conservation analyses, including the determination of 
maximum production rates (MPRs) when necessary for certain oil and gas 
completions. This requirement implements the conservation provisions of 
the OCS Lands Act and 30 CFR 250. The information obtained from the 
well potential test is essential to determine if an MPR is necessary 
for a well and to establish the appropriate rate. It is not possible to 
specify an MPR in the absence of information about the production rate 
capability (potential) of the well.

Form MMS-127, Sensitive Reservoir Information Report

    MMS uses this information to determine whether a rate-sensitive 
reservoir is being prudently developed. This represents an essential 
control mechanism that MMS uses to regulate production rates from each 
sensitive reservoir being actively produced. Occasionally, the 
information available on a reservoir, early in its producing life, may 
indicate it to be non-sensitive, while later and more complete 
information would establish the reservoir as being sensitive. 
Production from a well completed in the gas cap of a sensitive 
reservoir requires approval from the Regional Supervisor. The 
information submitted on this form provides reservoir parameters that 
are revised at least annually or sooner if reservoir development 
results in a change in reservoir interpretation. The engineers and 
geologists use the information for rate control and reservoir studies.

Form MMS-128, Semiannual Well Test Report

    MMS uses this information to evaluate the results of well tests to 
determine if reservoirs are being depleted in a manner that will lead 
to the greatest ultimate recovery of hydrocarbons. This information is 
collected to determine the capability of hydrocarbon wells and to 
evaluate and verify an operator's approved maximum production rate if 
assigned. The form was designed to present current well data on a 
semiannual basis, to permit the updating of permissible producing 
rates, and to provide the basis for estimates of currently remaining 
recoverable gas reserves.

Form MMS-140, Bottomhole Pressure Survey Report

    MMS uses the information in our efforts to conserve natural 
resources, prevent waste, and protect correlative rights, including the 
Government's royalty interest. Specifically, MMS uses the information 
to determine maximum production and efficient rates and to review 
applications for downhole commingling to ensure that action does not 
result in harm to ultimate recovery or undervalued royalties.
    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.'' No items of a sensitive nature are collected. Responses are 
mandatory.
    Frequency: On occasion, monthly, semi-annually, annually and as a 
result of situations encountered.
    Estimated Number and Description of Respondents: Approximately 151 
Federal OCS permittees or notice filers.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
currently approved annual reporting burdens totaled for the 
consolidated collection is 18,961 hours. The following chart details 
the individual components and respective hour burden estimates of this 
ICR. In calculating the burdens, we assumed that respondents perform 
certain requirements in the normal course of their activities. We 
consider these to be usual and customary and took that into account in 
estimating the burden.

[[Page 6727]]



------------------------------------------------------------------------
                                       Reporting &
 Citation 30 CFR 250  Subpart K       recordkeeping         Hour burden
           and NTL(s)                  requirement
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1101(b)........................  Request approval to               5
                                  produce within 500
                                  feet of a lease line.
1101(c)........................  Request approval to              12
                                  produce gas cap of a
                                  sensitive reservoir.
1102...........................  Submit form MMS-126....           0.2
                                 Submit form MMS-127....           1.5
                                 Submit form MMS-128....           0.5-3
 
                                --------------------------
1102(a)(5).....................        Submit alternative plan for
                                     overproduction status--MMS is not
                                   currently collecting this information
                                --------------------------
1102(b)(6).....................  Request extension of              0.5
                                  time to submit results
                                  of semiannual well
                                  test.
1103(a)........................  Request approval of               0.5
                                  test periods of less
                                  than 4 hours and
                                  pretest stabilization
                                  periods of less than 6
                                  hours.
1103(c)........................  Provide advance notice            0.5
                                  of time and date of
                                  well tests.
1104(c)........................  Submit results of all             1
                                  static bottomhole
                                  pressure surveys
                                  obtained by lessee.
                                  Information is
                                  submitted on form MMS-
                                  140 in the Gulf of
                                  Mexico Region.
1105(a), (b)...................  Request special                   0.5
                                  approval to flare or
                                  vent oil-well gas.
1105(c)........................  Request approval to               0.5
                                  burn produced liquid
                                  hydrocarbons.
1105(f)........................  Submit monthly reports            2
                                  of flared or vented
                                  gas containing H2S.
1106...........................  Submit application to             6
                                  commingle hydrocarbons
                                  produced from multiple
                                  reservoirs and inform
                                  other lessees having
                                  an interest.
1107(b)........................  Submit proposed plan             12
                                  for enhanced recovery
                                  operations.
1107(c)........................  Submit periodic reports           2
                                  of volumes of oil,
                                  gas, or other
                                  substances injected,
                                  produced, or
                                  reproduced.
1100-1107......................  General departure or              1
                                  alternative compliance           6
                                  requests not
                                  specifically covered
                                  elsewhere in subpart
                                  K, including
                                  bottomhole pressure
                                  survey waivers and
                                  reservoir
                                  reclassification
                                  requests.
--------------------------------
                           Reporting Subtotal
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1105(d), (e)...................  Maintain records for 2           13
                                  years detailing gas
                                  flaring or venting.
--------------------------------
1105(d), (e)...................  Maintain records for 2            0.5
                                  years detailing liquid
                                  hydrocarbon burning.
------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified no cost burdens for this collection.
    Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) 
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 a collection of information, you are not obligated 
to respond.
    Comments: Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A) requires each agency ''* * * to provide notice * * * and 
otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information * * *''. Agencies 
must specifically solicit comments to: (a) Evaluate whether the 
proposed collection of information is necessary for the agency to 
perform its duties, including whether the information is useful; (b) 
evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (c) enhance the quality, 
usefulness, and clarity of the information to be collected; and (d) 
minimize the burden on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    Agencies must also estimate the ``non-hour cost'' burdens to 
respondents or recordkeepers resulting from the collection of 
information. Therefore, if you have costs to generate, maintain, and 
disclose this information, you should comment and provide your total 
capital and startup cost components or annual operation, maintenance, 
and purchase of service components. You should describe the methods you 
use to estimate major cost factors, including system and technology 
acquisition, expected useful life of capital equipment, discount 
rate(s), and the period over which you incur costs. Capital and startup 
costs include, among other items, computers and software you purchase 
to prepare for collecting information, monitoring, and record storage 
facilities. You should not include estimates for equipment or services 
purchased: (i) before October 1, 1995; (ii) to comply with requirements 
not associated with the information collection; (iii) for reasons other 
than to provide information or keep records for the Government; or (iv) 
as part of customary and usual business or private practices.
    We will summarize written responses to this notice and address them 
in our submission for OMB approval. As a result of your comments, we 
will make any necessary adjustments to the burden in our submission to 
OMB.
    Public Comment Procedure: MMS's practice is to make comments, 
including names and addresses of respondents, available for public 
review. If you wish your name and/or address to be withheld, you must 
state this prominently at the beginning of your comment. MMS will honor 
this request to the extent allowable by law; however, anonymous 
comments will not be considered. All submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, will be 
made available for public inspection in their entirety.
    MMS Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: February 1, 2005.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. 05-2425 Filed 2-7-05; 8:45 am]
BILLING CODE 4310-MR-P