[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Notices]
[Pages 43173-43175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14714]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Submitted for Office of 
Management and Budget (OMB) Review; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

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

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we 
are notifying the public that we have submitted to OMB an information 
collection request (ICR) to renew approval of the paperwork 
requirements in the regulations under 30 CFR part 250, ``Subpart K, Oil 
and Gas Production Rates,'' and related documents. This notice also 
provides the public a second opportunity to comment on the paperwork 
burden of these regulatory requirements.

DATES: Submit written comments by August 25, 2005.

ADDRESSES: You may submit comments on this information collection 
directly to the Office of Management and Budget (OMB), Office of 
Information and Regulatory Affairs, OMB Attention: Desk Officer for the 
Department of the Interior either via OMB email: ([email protected]); or by fax (202) 395-6566; identify with (1010-
0041).
    Submit a copy of your comments to the Department of the Interior, 
MMS, via:
     MMS's Public Connect on-line commenting system, https://ocsconnect.mms.gov. Follow the instructions on the website for 
submitting comments.
     E-mail MMS at [email protected]. Use Information 
Collection Number 1010-0041 in the subject line.
     Fax: 703-787-1093. Identify with Information Collection 
Number 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.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Rules Processing Team, 
(703) 787-1600. You may also contact Cheryl Blundon to obtain a copy, 
at no cost, of the regulations and 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.''
    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, 1010-0039, expiration 10/31/07), 
MMS-127 (Sensitive Reservoir Information Report, 1010-0018, expiration 
10/31/07), and MMS-128 (Semiannual Well Test Report, 1010-0017, 
expiration 8/31/05), that 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 now merging all the 
collections for the forms associated with subpart K into the primary 
collection for subpart K, OMB control number 1010-0041.
    Regulations implementing these responsibilities are under 30 CFR 
part 250. Responses are mandatory. No questions of a ``sensitive'' 
nature are asked.
    The MMS protects information 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,'' 30 CFR 
part 252, ``OCS Oil and Gas Information Program.'' Proprietary 
information concerning geological and geophysical data will be 
protected according to 43 U.S.C. 1352.
    The information collected under subpart K is used in our efforts to 
conserve natural resources, prevent waste, and protect correlative 
rights, including the Government's royalty

[[Page 43174]]

interest. Specifically, MMS uses the information to:
     Evaluate requests to burn liquid hydrocarbons and vent and 
flare gas to ensure that these requests are appropriate;
     To determine if a maximum production or efficient rate is 
required; and,
     To review applications for downhole commingling to ensure 
that action does not result in harm to ultimate recovery.
    The following forms are also submitted to MMS. OMB approved these 
forms as part of four separate information collections. This submission 
merges all the forms listed below into the primary collection of 
subpart K, 1010-0041.
    Form 126--Well Potential Test Report--MMS uses this information for 
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 part 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 may use to regulate production rates from sensitive 
reservoirs. 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 to effectively manage reservoirs in our efforts to conserve 
natural resources, prevent waste, and protect correlative rights, 
including the Government's royalty interest. Specifically, MMS uses the 
information in reservoir evaluations 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.
    Frequency: On occasion, monthly, semi-annually, annually, and as a 
result of situations encountered.
    Estimated Number and Description of Respondents: Approximately 136 
Federal oil and gas lessees.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 43,065 hours. The following chart details the individual 
components and estimated hour burdens. 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.

----------------------------------------------------------------------------------------------------------------
                                                                                                         Annual
  Citation 30 CFR 250  subpart K        Reporting & recordkeeping         Hour       Average number      burden
            and NTL(s)                         requirement               burden    annual  responses     hours
----------------------------------------------------------------------------------------------------------------
1101(b)..........................  Request approval to produce within          5  50 requests........        250
                                    500 feet of a lease line.
1101(c)..........................  Request approval to produce gas            12  125 requests.......      1,500
                                    cap of a sensitive reservoir.
1102.............................  Submit form MMS-126...............          3  1,325 forms........      3,975
                                   Submit form MMS-127...............        2.2  2,189 forms........      4,816
                                   Submit form MMS-128 *.............      0.5-3  13,000 forms-GOM...    1,336 *
                                                                                  600 forms-POCS.....
                                  -------------------------------------
1102(a)(5).......................  Submit alternative plan for overproduction status--MMS is not               0
                                    currently collecting this information
                                  -------------------------------------
1102(b)(6).......................  Request extension of time to               .5  37 requests........         19
                                    submit results of semiannual
                                    requests well test.
1103(a)..........................  Request approval of test periods           .5  37 requests........         19
                                    of less than 4 hours requests and
                                    pretest stabilization periods of
                                    less than 6 hours.
1103(c)..........................  Provide advance notice of time and         .5  10 notices.........          5
                                    date of well tests.
1104(c)..........................  Submit results of all static               14  1,270 surveys......     17,780
                                    bottomhole pressure surveys
                                    obtained by lessee. Information
                                    is submitted on form MMS-140 in
                                    the Gulf of Mexico Region.
1105(a), (b).....................  Request special approval to flare          .5  1,007 requests.....        504
                                    or vent oil-well gas.
1105(c)..........................  Request approval to burn produced          .5  60 requests........         30
                                    liquid hydrocarbons..
1105(f)..........................  Submit monthly reports of flared            2  3 operators x 12            72
                                    or vented gas containing H2S.                  mos. = 36.
                                  -------------------------------------
1105(f)..........................  H2S Contingency, Exploration, or Development and Production Plans--         0
                                    burden covered under 1010-0141 and 1010-0049
                                  -------------------------------------
1106.............................  Submit application to downhole              6  119 applications...        714
                                    commingle hydrocarbons.
1107(b)..........................  Submit proposed plan for enhanced          12  27 plans...........        324
                                    recovery operations.
1107(c)..........................  Submit periodic reports of volumes          2  77 reports.........        154
                                    of oil, gas, or other substances
                                    injected, produced, or reproduced.

[[Page 43175]]

 
1100-1107........................  General departure or alternative            1  120 survey waivers.        120
                                    compliance requests not                    6  20 requests........        120
                                    specifically covered elsewhere in
                                    subpart K, including bottomhole
                                    pressure survey waivers and
                                    reservoir reclassification
                                    requests.
                                  -------------------------------------
                                   Reporting Subtotal................  .........  20,109.............     31,738
                                  -------------------------------------
1105(d), (e).....................  Maintain records for 2 years               13  869 platforms......     11,297
                                    detailing gas flaring or venting.
1105(d), (e).....................  Maintain records for 2 years               .5  60 occurrences.....         30
                                    detailing liquid hydrocarbon
                                    burning.
                                  -------------------------------------
                                   Recordkeeping Subtotal............  .........  136................     11,327
                                                                                  Recordkeepers......
                                                                      ============
                                   Total Burden......................  .........  21,038.............     43,065
----------------------------------------------------------------------------------------------------------------
*Reporting burden for this form is estimated to average 0.5 to 3 hours per form depending on the number of well
  tests reported, including the time for reviewing instructions, gathering and maintaining data, and completing
  and reviewing the form. See breakdown for form MMS-128 above.

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified no paperwork ``non-hour cost'' burdens associated with 
the collection of information.
    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: Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, et 
seq.) 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.
    To comply with the public consultation process, on February 8, 
2005, we published a Federal Register notice (70 FR 6725) announcing 
that we would submit this ICR to OMB for approval. The notice provided 
the required 60-day comment period. In addition, Sec.  250.199 provides 
the OMB control number for the information collection requirements 
imposed by the 30 CFR part 250 regulations and forms. The regulation 
also informs the public that they may comment at any time on the 
collections of information and provides the address to which they 
should send comments. We have received no comments in response to these 
efforts.
    If you wish to comment in response to this notice, you may send 
your comments to the offices listed under the ADDRESSES section of this 
notice. OMB has up to 60 days to approve or disapprove the information 
collection but may respond after 30 days. Therefore, to ensure maximum 
consideration, OMB should receive public comments by August 25, 2005.
    Public Comment Procedures: MMS's practice is to make comments, 
including names and addresses of respondents, available for public 
review during regular business hours. 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 the request to the extent 
allowable by the 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: April 12, 2005.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. 05-14714 Filed 7-25-05; 8:45 am]
BILLING CODE 4310-MR-P