[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Rules and Regulations]
[Pages 23858-23864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3898]



[[Page 23858]]

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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010-AC99


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

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Final rule.

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

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

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

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

Discussion and Analysis of Comments to Proposed Rule

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

Section 250.105 Definitions

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

[[Page 23859]]

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

Section 250.194 Archeological Report

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

Section 250.195 Notification of Production Status of Wells

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

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

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

[[Page 23860]]

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

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

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

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

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

Procedural Matters

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

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

Regulatory Flexibility Act (RFA)

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

Small Business Regulatory Enforcement Fairness Act (SBREFA)

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

[[Page 23861]]

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

Unfunded Mandates Reform Act (UMRA) of 1995

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

Takings Implication Assessment (Executive Order 12630)

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

Federalism (Executive Order 13132)

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

Civil Justice Reform (Executive Order 12988)

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

Paperwork Reduction Act (PRA)

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