Geological and Geophysical (G&G) Explorations of the Outer Continental Shelf

Federal RegisterFeb 11, 1997

Ask Donna

What actually matters in this document.

Text

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 251

RIN 1010-AC10

Geological and Geophysical (G&G) Explorations of the Outer

Continental Shelf

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We propose to revise the regulations that specify how to

conduct G&G exploration and research for oil, gas, and sulphur in the

Outer Continental Shelf (OCS) under a permit and to expand the

provisions governing research by requiring everyone conducting G&G

scientific research in the OCS without a permit to file a notice with

MMS. These revisions respond to changes in technology and practice.

DATES: MMS will consider all comments we receive by April 14, 1997. We

will begin reviewing comments then and may not fully consider comments

we receive after April 14, 1997.

ADDRESSES: Mail or hand-carry written comments to the Department of the

Interior, Minerals Management Service, Mail Stop 4700, 381 Elden

Street, Herndon, Virginia 20170-4817, Attention: John V. Mirabella,

Chief, Engineering and Standards Branch.

FOR FURTHER INFORMATION CONTACT: David R. Zinzer, Geologic Assessment

Branch, (703) 787-1515 or Kumkum Ray, Engineering and Standards Branch,

(703) 787-1600.

SUPPLEMENTARY INFORMATION: The Outer Continental Shelf Lands Act

(OCSLA) (43 U.S.C. 1331 et seq.) is the basis for MMS regulations to

administer G&G exploration and scientific research activities in the

OCS. Section 11(a) of the OCSLA provides authority for the Secretary of

the Interior (Secretary) to permit G&G exploration activities as

follows:

(a) Approved exploration plans.

(1) Any agency of the United States and any person authorized by

the Secretary may conduct geological and geophysical explorations in

the outer Continental Shelf, which do not interfere with or endanger

actual operations under any lease maintained or granted pursuant to

this Act, and which are not unduly harmful to aquatic life in such

area.

The regulations at 30 CFR part 251 implement the Secretary's

authority and prescribe:

(1) MMS requirements for a permit or the filing of a statement of

intent (notice) to conduct G&G exploration or scientific research in

the OCS,

(2) Operating procedures for conducting exploration or scientific

research,

(3) Conditions for reimbursing permittee for certain costs,

(4) Other conditions for conducting exploration and research, and

(5) Procedures for drilling deep stratigraphic tests in the OCS.

This proposed rule is especially timely now. Advances in 3-D

seismic

[[Page 6150]]

acquisition and processing, graphics imaging, modeling, and other

technologies have significantly increased exploration, especially in

deep water, subsalt plays, and in deeper horizons of the Gulf of Mexico

OCS.

I. Background for Expanding the Notice Requirement

The revised requirement for a notice before conducting any G&G

scientific research was developed to address instances in which

academic institutions conducted research and:

They or industry sponsors held the data and analyzed and

processed information as proprietary.

They also offered for sale at least some of the data and

information.

MMS defines such activities as G&G explorations and does not

consider them G&G scientific research. A permit is required for

exploration. For these reasons, the expanded notice requirement is

needed to keep MMS informed of any G&G scientific research conducted on

the OCS related to oil, gas, and sulphur. After receiving the notice,

MMS will inform those conducting research of all necessary

environmental regulations and laws. In this way, the researcher will be

better able to follow safe and environmentally sound practices.

II. Clarification of Meaning of Terms ``Transfer'' and ``Third

Party'

The current rule at Secs. 251.11 and 251.12 specifies what happens

when G&G data and information are transferred from one person to

another person. MMS lists in the proposed rule several different ways

by which a ``transfer'' can take place, for example, by sale, sale of

rights, license agreement, or trade. The proposed rule clarifies that

if a permittee transfers data and information to a third party, no

matter how that transfer is formulated or characterized by the

participants, the obligation to provide access to MMS of the data and

information is a condition of the transfer. Further, MMS clarifies that

all third party recipients of the data and information will be subject

to the penalty provisions of part 250, subpart N, if they fail to meet

the obligation to provide access. The term ``third party'' continues to

mean ``any person other than a representative of the United States or

the permittee'' as stated in the current rule. The proposed rule

clarifies that the third party includes ``all persons to whom the

permittee sold, licensed, traded, or otherwise transferred data or

information acquired under a permit.'' These clarifications are not new

requirements. MMS routinely obtains G&G data and information from

permittees and third parties to whom data and information were

transferred by a permittee.

MMS is including these clarifications in the proposed rule to

eliminate any confusion that may arise due to misinterpretation of the

rule. As mentioned earlier in the preamble, MMS administers G&G

exploration and certain scientific research on the public lands of the

OCS under the authority of the OCSLA. Since G&G exploration occurs on

public lands, the MMS, before issuing a permit, imposes the condition

that access to any data or information acquired must be provided to

MMS. The regulated community is aware before obtaining a permit and

expending any resources, or collecting any data and information, that

it must agree to provide MMS all the data and information MMS requests

and that MMS will pay reasonable costs for reproducing the data and

information.

III. Discussion of Proposed Rule

These revisions bring Part 251--Geological and Geophysical (G&G)

Explorations of the Outer Continental Shelf up to date with recent

changes in related regulations at 30 CFR part 250.

Section 251.1 of the proposed regulation updates the definition

list by removing unnecessary words and adding, modifying, or expanding

definitions.

Section 251.4(b)(2) explains that a notice will be required for all

G&G scientific research related to oil, gas, and sulphur conducted in

the OCS except for research requiring a permit.

Section 251.5(c)(7) clarifies that at the earliest possible time,

the data and information acquired through scientific research will be

made available to the public or the permittee or person filing a

notice.

Section 251.5(d) provides current addresses of MMS regional offices

as filing locations for permit applications and notices.

Section 251.6(c) adds requirements for consulting and coordinating

all G&G activities with other users of the area.

Section 251.7(d) changes the bond amount for drilling of a deep

stratigraphic test for a single test well, or for an area bond, to be

consistent with the current bonding requirements in 30 CFR part 256,

subpart I, for drilling under an Exploration Plan. MMS published a

proposed rule revising surety bond requirements on December 8, 1995 (60

FR 63011). After MMS publishes the final rule on surety bond

requirements, we will modify 30 CFR part 251 to reflect the changes.

Section 251.8(b) specifies that a permittee must request in writing

to modify or extend operations and could proceed with the modifications

only after the Regional Director approves them.

Section 251.8(c) directs a permittee to submit status reports on a

schedule specified in the permit rather than monthly. This would allow

variations in the reporting requirements among OCS Regions.

Section 251.8(c)(2)(ii) requires that the final report contain

digital navigational data in a format the Regional Director specifies

in addition to charts, maps, and plats.

Section 251.11 adds processed geological information to the types

of data requested throughout this section. The revision of

Sec. 251.11(b)(2) clarifies that washed samples may no longer replace

paleontological reports and, if maintained, should be made available

for MMS inspection if requested by the Regional Director. Sections

251.11(c) and 251.12(d) clarify that any transfer of geological or

geophysical data and information to a third party would transfer the

obligations to provide access to MMS as well. When the third party

accepts the transfer, it must also accept the obligation to provide

access and is subject to the penalty provisions of 30 CFR part 250

subpart N, if it fails to do so.

IV. Procedural Matters

Executive Order (E.O.) 12866

This proposed rule is not significant under E.O. 12866.

Regulatory Flexibility Act

The Department of the Interior (DOI) has determined that this

proposed rule will not have a significant economic effect on a

substantial number of small entities. In many ways MMS offers customer

service to a number of small companies that participate in G&G work. An

example is the northern Gulf of Mexico Oil and Gas Atlas which MMS

helped to develop. This atlas classifies reservoirs based upon geologic

and engineering parameters. The atlas will assist smaller oil and gas

companies to more efficiently discover and develop hydrocarbons in the

offshore northern Gulf of Mexico. The revised requirements in this

proposed rule contain simple and routine requirements that can be

carried out at a negligible cost. The benefits of the revisions are

many. MMS would inform those conducting G&G research of environmental

laws and regulations and thus ensure environmentally safe and sound

practices. The revisions would also help to minimize conflict with

other users of the area. The rule is in

[[Page 6151]]

``plain English'' so small companies unfamiliar with MMS regulations

will find it easier to follow.

Paperwork Reduction Act

This proposed rule contains a collection of information which has

been submitted to the Office of Management and Budget (OMB) for review

and approval under section 3507 (d) of the Paperwork Reduction Act of

1995. As part of our continuing effort to reduce paperwork and

respondent burdens, MMS invites the public and other Federal agencies

to comment on any aspect of the reporting burden. Submit your comments

to the Office of Information and Regulatory Affairs; OMB; Attention:

Desk Officer for the Department of the Interior (OMB control number

1010-0048); Washington, D.C. 20503. Send a copy of your comments to the

Chief, Engineering and Standards Branch; Mail Stop 4700; Minerals

Management Service; 381 Elden Street; Herndon, Virginia 20170-4817. You

may obtain a copy of the supporting statement for the collection of

information by contacting the Bureau's Information Collection Clearance

Officer at (703) 787-1242.

OMB may make a decision to approve or disapprove this collection of

information within 30 days after receipt of our request. Therefore,

your comments are best assured of being considered by OMB if they are

received within the time period. However, MMS will consider all

comments received during the comment period for this notice of proposed

rulemaking.

OMB previously approved the information collections in the current

30 CFR Part 251 under OMB control numbers 1010-0031, 1010-0034, 1010-

0036, and 1010-0048. For the proposed new rule, all of the requirements

will be included under OMB control number 1010-0048. The title of this

collection of information is ``30 CFR Part 251, Geological and

Geophysical (G&G) Explorations of the OCS.''

The collection of information in the proposed rule consists of:

(a) A permit application for conducting geological and geophysical

(G&G) exploration offshore or filing a notice for monitoring scientific

research activities (30 CFR 251.5). The notification requirement for

scientific research is new;

(b) Reporting the detection of hydrocarbon occurrences,

environmental hazards, or adverse effects (30 CFR 251.6(b);

(c) Informing others in the OCS area of your G&G activities (30 CFR

251.6(c));

(d) Information required for test drilling activities (30 CFR

251.7);

(e) Requesting reimbursement of expenses incurred when MMS inspects

your exploration activity (30 CFR 251.8(a));

(f) Requesting modifications to and reporting progress of

activities conducted under a permit (30 CFR 251.8(c));

(g) Notifying MMS to relinquish a permit (30 CFR 251.9(c)(2));

(h) Accurate and complete information on G&G data and information

and subsequent analyses and interpretations (30 CFR 251.11 and 251.12);

and

(i) Requesting reimbursement for costs of:

(1) Reproducing the data and information MMS selects; and

(2) Processing, or reprocessing certain geophysical information (30

CFR 251.13).

MMS needs and uses the information to ensure there is no

environmental degradation, personal harm, damage to historical or

archaeological sites, or interference with other uses; to analyze and

evaluate preliminary or planned drilling activities; to monitor

progress and activities in the OCS; to acquire geological and

geophysical data and information collected under a Federal permit

offshore; and to determine eligibility for reimbursement from the

government for certain costs.

Respondents represent the oil, gas, and sulphur industry or

academic institutions conducting G&G exploration or scientific research

on the Federal OCS. The frequency of response is on occasion, with the

exception of the status reports. The frequency of those will be

specified in the G&G permit.

The estimated annual reporting burden is 10,604 hours--an average

of 7.7 hours per response. Based on $35 per hour, the burden hour cost

to respondents is estimated to be $371,140. The estimate of other

annual costs to respondents is unknown.

MMS will summarize written responses to this notice and address

them in the final rule. All comments will become a matter of public

record.

1. MMS specifically solicits comments on the following questions:

(a) Is the proposed collection of information necessary for the

proper performance of MMS's functions, and will it be useful?

(b) Are the estimates of the burden hours of the proposed

collection reasonable?

(c) Do you have any suggestions that would enhance the quality,

clarity, or usefulness of the information to be collected?

(d) Is there a way to minimize the information collection burden on

those who are to respond, including through the use of appropriate

automated electronic, mechanical, or other forms of information

technology?

2. In addition, the Paperwork Reduction Act of 1995 requires

agencies to estimate the total annual cost burden to respondents or

recordkeepers resulting from the collection of information. MMS needs

your comments on this item. Your response should split the cost

estimate into two components:

(a) Total capital and startup cost component and

(b) Annual operation, maintenance, and purchase of services

component.

Your estimates should consider the costs to generate, maintain, and

disclose or provide the information. You should describe the methods

you use to estimate major cost factors, including system and technology

acquisition, expected useful life of capital equipment, discount

rate(s), and the period over which you incur costs. Capital and startup

costs include, among other items, computers and software you purchase

to prepare for collecting information; monitoring, sampling, drilling,

and testing equipment; and record storage facilities. Generally, your

estimates should not include equipment or services purchased: before

October 1, 1995; to comply with requirements not associated with the

information collection; for reasons other than to provide information

or keep records for the Government; or as part of customary and usual

business or private practices.

The Paperwork Reduction Act of 1995 provides that an agency may not

conduct or sponsor, and you are not required to respond to, a

collection of information unless it displays a currently valid OMB

control number.

Takings Implication Assessment

The proposed rule does not represent a Government action capable of

interference with constitutionally protected property rights. A new

requirement in the rule is a notice for scientific research in the OCS.

Since MMS is not requiring the researcher to submit data and

information or analyses resulting from the research activity, there is

no direct or indirect taking.

The proposed rule also clarifies the terms ``transfer'' and ``third

party.'' When a permittee transfers data and information to a third

party, there is a transfer of the obligation to provide access to MMS

as well. Further, the recipient of the data and information is subject

to the same penalty provisions as the original permittee--if a third

party fails to provide access. These

[[Page 6152]]

clarifications better define existing requirements and add no new

requirements.

Other changes are not substantive or were made to put the

regulation into plain English. Thus, a Takings Implication Assessment

need not be prepared pursuant to E.O. 12630, ``Governmental Actions and

Interference with Constitutionally Protected Property Rights.''

Unfunded Mandates Reform Act of 1995

The DOI has determined and certifies according to the Unfunded

Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rule will not

impose a cost of $100 million or more in any given year on local,

tribal, and State governments, or the private sector.

E.O. 12988

The DOI has certified to OMB that the rule meets the applicable

reform standards provided in sections 3 (a) and 3 (b)(2) of E.O. 12988,

``Civil Justice Reform.''

National Environmental Policy Act

The DOI has also determined that this action does not constitute a

major Federal action affecting the quality of the human environment;

therefore, an Environmental Impact Statement is not required.

List of Subjects in 30 CFR Part 251

Continental shelf, Freedom of information, Oil and gas exploration,

Public lands-mineral resources, Reporting and recordkeeping

requirements, Research.

Dated: January 23, 1997.

Bob Armstrong,

Assistant Secretary, Land and Minerals Management.

For the reasons stated in the preamble, 30 CFR Part 251 is proposed

to be revised to read as follows:

PART 251--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE

OUTER CONTINENTAL SHELF (OCS)

Sec.

251.1 Definitions.

251.2 Purpose of this part.

251.3 Authority and applicability of this part.

251.4 Types of G&G activities that require permits or notices.

251.5 Applying for permits or filing notices.

251.6 Obligations and rights under a permit or a notice.

251.7 Test drilling activities under a permit.

251.8 Inspection and reporting requirements for activities under a

permit.

251.9 Temporarily stopping, canceling, or relinquishing activities

approved under a permit.

251.10 Penalties and appeals.

251.11 Inspection, selection, and submission of geological data and

information collected under a permit.

251.12 Inspection, selection, and submission of geophysical data

and information collected under a permit.

251.13 Reimbursement for the cost of reproducing data and

information and certain processing cost.

251.14 Protecting and disclosing data and information submitted to

MMS under a permit.

251.15 Authority for information collection.

Authority: 43 U.S.C. 1331 et seq.

Sec. 251.1 Definitions.

Terms used in this part have the following meaning:

Act means the OCS Lands Act, as amended (43 U.S.C. 1331 et seq.).

Analyzed geological information means data collected under a permit

or a lease that have been analyzed. Analysis may include but is not

limited to identification of lithologic and fossil content, core

analyses, laboratory analyses of physical and chemical properties, well

logs or charts, results from formation fluid tests, and descriptions of

hydrocarbon occurrences or hazardous conditions.

Archaeological resources means any material remains of human life

or activities that are at least 50 years of age and of archaeological

interest.

Coastal environment means the physical, atmospheric, and biological

components, conditions, and factors that interactively determine the

productivity, state, condition, and quality of the terrestrial

ecosystem from the shoreline inward to the boundaries of the coastal

zone.

Coastal Zone means the coastal waters (including the lands therein

and thereunder) and the adjacent shorelands (including the waters

therein and thereunder), strongly influenced by each other and in

proximity to the shorelines of the several coastal States and extends

seaward to the outer limit of the U.S. territorial sea. Section

305(b)(1) of the Coastal Zone Management Act identifies the inward

boundaries of several coastal States.

Coastal Zone Management Act means the Coastal Zone Management Act

of 1972, as amended (16 U.S.C. 1451 et seq.).

Data means facts, statistics, measurements, or samples that have

not been analyzed, processed, or interpreted.

Deep stratigraphic test means drilling that involves the

penetration into the sea bottom of more than 500 feet (152 meters).

Director means the Director of the Minerals Management Service,

U.S. Department of the Interior, or a subordinate authorized to act on

the Director's behalf.

Exploration means the commercial search for oil, gas, and sulphur.

Activities classified as exploration include but are not limited to:

(1) Geological and geophysical surveys where magnetic, gravity,

seismic reflection, seismic refraction, gas sniffers, coring, or other

systems are used to detect or imply the presence of oil, gas, or

sulphur; and

(2) Any drilling, whether on or off a geological structure.

Geological exploration means exploration that utilizes geological

and geochemical techniques (e.g., coring and test drilling, well

logging, and bottom sampling) to produce data and information on oil,

gas, and sulphur resources in support of possible exploration and

development activities. The term does not include geological scientific

research.

Geological and geophysical scientific research means any oil, gas,

or sulphur related investigation conducted in the OCS for scientific

and/or research purposes. Geological, geophysical, and geochemical data

and information gathered and analyzed are made available to the public

for inspection and reproduction at the earliest possible time. The term

does not include commercial geological or geophysical exploration.

Geophysical exploration means exploration that utilizes geophysical

techniques (e.g., gravity, magnetic, or seismic) to produce data and

information on oil, gas, and sulphur resources in support of possible

exploration and development activities. The term does not include

geophysical scientific research.

Governor means the Governor of a State or the person or entity

lawfully designated to exercise the powers granted to a Governor

pursuant to the Act.

Human environment means the physical, social, and economic

components, conditions, and factors. These factors interactively

determine the quality of life of those affected, directly or

indirectly, by OCS activities.

Hydrocarbon occurrence means the direct or indirect detection

during drilling operations of any liquid or gaseous hydrocarbons by

examination of well cuttings, cores, gas detector readings, formation

fluid tests, wireline logs, or by any other means. The term does not

include background gas, minor accumulations of gas, or heavy oil

residues on cuttings and cores.

[[Page 6153]]

Information means geological and geophysical data that have been

analyzed, processed, or interpreted.

Interpreted geological information means knowledge, often in the

form of schematic cross sections, 3-dimensional representations, and

maps, developed by determining the geological significance of

geological data and analyzed geologic information.

Interpreted geophysical information means knowledge, often in the

form of seismic cross sections, 3-dimensional representations, and

maps, developed by determining the geological significance of

geophysical data and processed geophysical information.

Lease means:

(1) Any form of authorization which is issued under section 8 or

maintained under section 6 of the Act and which authorizes exploration

for, and/or development and production of, minerals; or

(2) The area covered by such authorization, whichever is required

by the context.

Lessee has the same meaning as provided in 30 CFR 250.2.

Marine environment means the physical, atmospheric, and biological

components, conditions, and factors that interactively determine the

quality of the marine ecosystem in the coastal zone and in the OCS.

Minerals means oil, gas, sulphur, geopressured-geothermal and

associated resources, and all other minerals which are authorized by an

Act of Congress to be produced from ``public lands'' as defined in

section 103 of the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1702).

Notice means a written statement of intent to conduct geological or

geophysical scientific research related to oil, gas, and sulphur in the

OCS other than under a permit.

Oil, gas, and sulphur means oil, gas, sulphur, geopressured-

geothermal, and associated resources.

Outer Continental Shelf (OCS) means all submerged lands lying

seaward and outside the area of lands beneath navigable waters as

defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), and

of which the subsoil and seabed appertain to the United States and are

subject to its jurisdiction and control.

Permit means the contract or agreement, other than a lease, issued

pursuant to this part, under which a person acquires the right to

conduct in the OCS:

(1) Geological exploration for mineral resources;

(2) Geophysical exploration for mineral resources;

(3) Geological scientific research; or

(4) Geophysical scientific research in accordance with appropriate

statutes, regulations, and stipulations.

Permittee means the person authorized by a permit issued pursuant

to this part to conduct activities in the OCS.

Person means a citizen or national of the United States; an alien

lawfully admitted for permanent residence in the United States as

defined in section 8 U.S.C. 1101(a)(20); a private, public, or

municipal corporation organized under the laws of the United States or

of any State or territory thereof; and associations of such citizens,

nationals, resident aliens, or private, public, or municipal

corporations, States, or political subdivisions of States or anyone

operating in a manner provided for by treaty or other applicable

international agreements. The term does not include Federal agencies.

Processed geological or geophysical information means data

collected under a permit and later processed or reprocessed. Processing

involves changing the form of data so as to facilitate interpretation.

Processing operations may include, but are not limited to, applying

corrections for known perturbing causes, rearranging or filtering data,

and combining or transforming data elements. Reprocessing is the

additional processing other than ordinary processing used in the

general course of evaluation. Reprocessing operations may include

varying identified parameters for the detailed study of a specific

problem area.

Secretary means the Secretary of the Interior or a subordinate

authorized to act on the Secretary's behalf.

Shallow test drilling means drilling into the sea bottom to depths

less than those specified in the definition of a deep stratigraphic

test.

Third Party means any person other than a representative of the

United States or the permittee, including all persons to whom the

permittee sold, licensed, traded, or otherwise transferred data or

information acquired under a permit.

Violation means a failure to comply with any provision of the Act,

or a provision of a regulation or order issued under the Act, or any

provision of a lease, license, or permit issued under the Act.

You means a person who inquires about or obtains a permit or files

a notice to conduct geological or geophysical exploration or scientific

research related to oil, gas, and sulphur in the OCS.

Sec. 251.2 Purpose of this part.

(a) To allow you to conduct G&G activities in the OCS related to

oil, gas, and sulphur on unleased lands or on lands under lease to a

third party.

(b) To ensure that you carry out G&G activities in a safe and

environmentally sound manner so as to prevent harm or damage to, or

waste of, any natural resources (including any mineral deposit in areas

leased or not leased), any life (including fish and other aquatic

life), property, or the marine, coastal, or human environment.

(c) To inform you of your legal and contractual obligations.

Sec. 251.3 Authority and applicability of this part.

MMS authorizes you to conduct exploration or scientific research

activities under this part in accordance with the Act, the regulations

in this part, orders of the Director/Regional Director, and other

applicable statutes, regulations, and amendments.

(a) This part does not apply to G&G exploration conducted by or on

behalf of the lessee on a lease in the OCS. Refer to 30 CFR part 250 if

you plan to conduct G&G activities related to oil, gas, or sulphur

under terms of a lease.

(b) Federal agencies are exempt from the regulations in this part.

(c) G&G exploration or G&G scientific research related to minerals

other than oil, gas, and sulphur is covered by regulations at 30 CFR

part 280.

Sec. 251.4 Types of G&G activities that require permits or notices.

(a) Exploration. You must have an MMS-approved permit to conduct

G&G exploration, including deep stratigraphic tests, for oil, gas, or

sulphur resources. If you conduct both geological and geophysical

exploration, you must have a separate permit for each.

(b) Scientific research. You may only conduct G&G scientific

research related to oil, gas, and sulphur in the OCS after you obtain

an MMS-approved permit or file a notice.

(1) Permit. You must obtain a permit if the research activities you

propose to conduct involve:

(i) Using solid or liquid explosives; or

(ii) Drilling a deep stratigraphic test.

(2) Notice. Any other G&G scientific research that you conduct

related to oil, gas, and sulphur in the OCS requires you to file a

notice with the Regional Director at least 30 days before you begin. If

circumstances preclude a 30-day notice, you must provide oral notice

and followup in writing. You must also notify MMS in writing when you

conclude your work.

[[Page 6154]]

Sec. 251.5 Applying for permits or filing notices.

(a) Permits. You must submit the original and three copies of the

MMS permit application form (Form MMS-327). The form includes names of

persons, type, location, purpose, and dates of activity, and

environmental and other information.

(b) Disapproval of permit application. If MMS disapproves your

application for a permit, the Regional Director will state the reasons

for the denial and will advise you of the changes needed to obtain

approval.

(c) Notices. You must sign and date a notice and state:

(1) The name(s) of the person(s) who will conduct the proposed

research;

(2) The name of any other person(s) participating in the proposed

research, including the sponsor;

(3) The type of research and a brief description of how you will

conduct it;

(4) The location in the OCS, indicated on a map, plat, or chart,

where you will conduct research;

(5) The proposed dates you project for your research activity to

start and end;

(6) The name, registry number, registered owner, and port of

registry of vessels used in the operation;

(7) The earliest time you expect to make the data and information

resulting from your research activity available to the public;

(8) Your plan of how you will make the data and information you

collected available to the public;

(9) That you and others involved will not sell or withhold for

exclusive use the data and information resulting from your research;

and

(10) At your option, you may submit (as a substitute for the

material required in paragraphs (c)(7), (c)(8), and (c)(9) of this

section) the nonexclusive use agreement for scientific research

attachment to Form 327.

(d) Filing locations. You must apply for a permit or file a notice

at one of the following locations:

(1) For the OCS off the State of Alaska--the Regional Supervisor

for Resource Evaluation, Minerals Management Service, Alaska OCS

Region, 949 East 36th Avenue, Anchorage, Alaska 99508-4302.

(2) For the OCS off the Atlantic Coast and in the Gulf of Mexico--

the Regional Supervisor for Resource Evaluation, Minerals Management

Service, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New

Orleans, Louisiana 70123-2394.

(3) For the OCS off the coast of the States of California, Oregon,

Washington, or Hawaii--the Regional Supervisor for Resource Evaluation,

Minerals Management Service, Pacific OCS Region, 770 Paseo Camarillo,

Camarillo, California 93010-6064.

Sec. 251.6 Obligations and rights under a permit or a notice.

While conducting G&G exploration or scientific research activities

under an MMS permit or notice:

(a) You must not:

(1) Interfere with or endanger operations under any lease, or

right-of-way, or permit issued or maintained under the Act;

(2) Cause harm or damage to life (including fish and other aquatic

life) or to the marine, coastal, or human environment;

(3) Cause harm or damage to property or to any mineral (in areas

leased or not leased);

(4) Cause pollution;

(5) Disturb archaeological resources;

(6) Create hazardous or unsafe conditions; or

(7) Interfere with or cause harm to other uses of the area.

(b) You must immediately report to the Regional Director if you:

(1) Detect hydrocarbon occurrences;

(2) Detect environmental hazards which imminently threaten life and

property; or

(3) Adversely affect the environment, aquatic life, archaeological

resources, or other uses of the area where you are conducting

exploration or scientific research activities.

(c) You must also consult and coordinate your G&G activities with

other users of the area, such as the fishing, marine transportation,

oil and gas, and geophysical survey industries, U.S. Navy, Coast Guard,

etc.

(d) You must use the best available and safest technologies that

the Regional Director determines to be economically feasible.

(e) You may not claim any oil, gas, sulphur, or other minerals you

discover while conducting operations under a permit or notice.

Sec. 251.7 Test drilling activities under a permit.

(a) Shallow test drilling. Before you begin shallow test drilling

under a permit, the Regional Director may require you to:

(1) Gather and submit seismic, bathymetric, sidescan sonar,

magnetometer, or other geophysical data and information to determine

shallow structural detail across and in the vicinity of the proposed

test.

(2) Submit information for coastal zone consistency certification

according to paragraphs (b)(3) and (b)(4) of this section and for

protecting archaeological resources according to paragraph (b)(5) of

this section.

(3) Allow all interested parties the opportunity to participate in

the shallow test according to paragraph (c) of this section and meet

bonding requirements according to paragraph (d) of this section.

(b) Deep stratigraphic tests. You must submit to the Regional

Director at the address given in Sec. 251.5, a drilling plan, an

environmental report, and an application for permit to drill as

follows:

(1) Drilling plan. The drilling plan must include:

(i) The proposed type, sequence, and timetable of drilling

activities;

(ii) A description of your drilling rig, indicating the important

features with special attention to safety, pollution prevention, oil-

spill containment and cleanup plans, and onshore disposal procedures;

(iii) The location of each deep stratigraphic test you will

conduct, including the location of the surface and projected bottomhole

of the borehole;

(iv) The types of geophysical survey instruments you will use

before and during drilling;

(v) Seismic, bathymetric, sidescan sonar, magnetometer, or other

geophysical data and information sufficient to evaluate seafloor

characteristics, shallow geologic hazards, and structural detail across

and in the vicinity of the proposed test to the total depth of the

proposed test well; and

(vi) Other relevant data and information that the Regional Director

requires.

(2) Environmental report. The environmental report must include all

of the following material:

(i) A summary with data and information available at the time you

submitted the related drilling plan. MMS will consider site-specific

data and information developed since the most recent environmental

impact statement or other environmental impact analysis in the

immediate area. The summary must meet the following requirements:

(A) You must concentrate on the issues specific to the site(s) of

drilling activity. However, you only need to summarize data and

information discussed in any environmental reports, analyses, or impact

statements prepared for the geographic area of the drilling activity.

(B) You must list referenced material. Include brief descriptions

and a statement of where the material is available for inspection.

[[Page 6155]]

(C) You must refer only to data that are available to MMS.

(ii) Details about your project such as:

(A) A list and description of new or unusual technologies;

(B) The location of travel routes for supplies and personnel;

(C) The kinds and approximate levels of energy sources;

(D) The environmental monitoring systems; and

(E) Suitable maps and diagrams showing details of the proposed

project layout.

(iii) A description of the existing environment. For this section,

you must include the following information on the area:

(A) Geology;

(B) Physical oceanography;

(C) Other uses of the area;

(D) Flora and fauna;

(E) Existing environmental monitoring systems; and

(F) Other unusual or unique characteristics that may affect or be

affected by the drilling activities.

(iv) A description of the probable impacts of the proposed action

on the environment and the measures you propose for mitigating these

impacts.

(v) A description of any unavoidable or irreversible adverse

effects on the environment that could occur.

(vi) Other relevant data that the Regional Director requires.

(3) Copies for coastal States. You must submit copies of the

drilling plan and environmental report to the Regional Director for

transmittal to the Governor of each affected coastal State and the

coastal zone management agency of each affected coastal State that has

an approved program under the Coastal Zone Management Act. (The

Regional Director will make the drilling plan and environmental report

available to appropriate Federal agencies and the public according to

DOI policies and procedures.)

(4) State concurrence. When required under an approved coastal zone

management program of an affected State, your proposed activities must

receive State concurrence before the Regional Director can approve the

activities.

(5) Protecting archaeological resources. The Regional Director may

require you to conduct and submit studies that determine whether any

archaeological resources exist in the area that the drilling may

affect.

(i) You must include a description of any archaeological resources

you detect.

(ii) You must not take any action that could disturb the

archaeological resources.

(iii) If you discover any archaeological resource after you submit

the study results (i.e., during site preparation or drilling), you must

immediately halt operations within the area of discovery, and you must

report the discovery to the Regional Director.

(iv) If investigations determine that the resource is significant,

the Regional Director will inform you how to protect it. You must make

every reasonable effort to protect the archaeological resource from

damage until the Regional Director has given you further directions for

preserving it.

(6) Application for permit to drill (APD). Before commencing deep

stratigraphic test drilling activities under an approved drilling plan,

you must submit an APD and receive approval. You must comply with all

regulations relating to drilling operations in 30 CFR part 250.

(7) Revising an approved drilling plan. Before you revise an

approved drilling plan, you must obtain the Regional Director's

approval.

(8) After drilling. When you complete the test activities, you must

permanently plug and abandon the borehole of all deep stratigraphic

tests in compliance with 30 CFR part 250. If the tract on which you

conducted a deep stratigraphic test is leased to another party for

exploration and development, and if the lessee has not disturbed the

borehole, MMS will hold you and not the lessee responsible for problems

associated with the test hole.

(9) Deadline for completing a deep stratigraphic test. If your deep

stratigraphic test well is within 50 geographic miles of a tract that

MMS has identified for a future lease sale, as listed on the currently

approved OCS leasing schedule, you must complete all drilling

activities and submit the data and information to the Regional Director

at least 60 days before the first day of the month in which MMS

schedules the lease sale. However, the Regional Director may extend

your permit duration to allow you to complete drilling activities and

submit data and information if the extension is in the national

interest.

(c) Group participation in test drilling. MMS encourages group

participation for deep stratigraphic tests.

(1) Purpose of group participation. The purpose is to minimize

duplicative G&G activities involving drilling into the seabed of the

OCS.

(2) Providing opportunity for participation in a deep stratigraphic

test. When you propose to drill a deep stratigraphic test, you must

give all interested persons an opportunity to participate in the test

drilling through a signed agreement on a cost-sharing basis. You may

include a penalty for late participation of not more than 100 percent

of the cost to each original participant in addition to the original

share cost.

(i) The participants must assess and distribute penalties in

accordance with the terms of the agreement.

(ii) For a significant hydrocarbon occurrence that the Regional

Director announces to the public, the penalty for subsequent late

participants may be raised to not more than 300 percent of the cost of

each original participant in addition to the original share cost.

(3) Providing opportunity for participation in a shallow test

drilling project. When you apply to conduct shallow test drilling

activities, you must, if ordered by the Regional Director or required

by the permit, give all interested persons an opportunity to

participate in the test activity on a cost-sharing basis. You may

include a penalty provision for late participation of not more than 50

percent of the cost to each original participant in addition to the

original share cost.

(4) Procedures for group participation in drilling activities. You

must:

(i) Publish a summary statement that describes the approved

activity in a relevant trade publication;

(ii) Forward a copy of the published statement to the Regional

Director;

(iii) Allow at least 30 days from the summary statement publication

date for other persons to join as original participants;

(iv) Compute the estimated cost by dividing the estimated total

cost of the program by the number of original participants; and

(v) Furnish the Regional Director with a complete list of all

participants before starting operations or at the end of the

advertising period if you begin operations before the advertising

period is over. Forward the names of all late participants to the

Regional Director.

(5) Changes to the original application for test drilling. If you

propose changes to the original application and the Regional Director

determines that the changes are significant, the Regional Director will

require you to publish the changes for an additional 30 days to give

other persons a chance to join as original participants.

(d) Bonding requirements. You must submit a bond under this part

before you may start a deep stratigraphic test. You must submit a bond

for shallow drilling if the Regional Director so requires.

(1) Before MMS authorizes the drilling of a deep stratigraphic

test, you must furnish to MMS:

(i) A corporate surety bond in the amount specified at 30 CFR

256.61(a)(1)

[[Page 6156]]

conditioned on compliance with the terms of the permit.

(ii) An areawide bond in the amount specified at 30 CFR

256.61(a)(2) conditioned on compliance with the terms of the permit

issued to you.

(2) If the Regional Director requires a bond for shallow drilling,

you must furnish the appropriate bond.

(3) Any bond you furnish or maintain under this section must be on

a form that the Regional Director has approved or prescribed.

(4) The Regional Director may require additional security in the

form of a supplemental bond or bonds or increase the coverage of an

existing surety bond when the Regional Director deems that additional

security is necessary.

Sec. 251.8 Inspection and reporting requirements for activities under

a permit.

(a) Inspection of permit activities. You must allow MMS

representatives to inspect your exploration or scientific research

activities under a permit. They will determine whether operations are

adversely affecting the environment, aquatic life, archaeological

resources, or other uses of the area. MMS will reimburse you for food,

quarters, and transportation that you provide for MMS representatives

if you send in your reimbursement request within 90 days of the

inspection.

(b) Approval for modifications. Before you begin modified

operations, you must submit a written request describing the

modifications and receive the Regional Director's oral or written

approval.

(c) Reports. (1) You must submit status reports on a schedule

specified in the permit and include a daily log of operations.

(2) You must submit a final report of exploration or scientific

research activities under a permit within 30 days after the completion

of activities. You may combine the final report with the last status

report and must include:

(i) A description of the work performed.

(ii) Charts, maps, plats, and digital navigational data in a format

specified by the Regional Director, showing the areas and blocks in

which any exploration or permitted scientific research activities were

conducted. Identify the lines of geophysical traverses and their

locations including a reference sufficient to identify the data

produced during each activity.

(iii) The dates on which you conducted the actual exploration or

scientific research activities.

(iv) A summary of any:

(A) Hydrocarbon or sulphur occurrences encountered;

(B) Environmental hazards; and

(C) Adverse effects of the exploration or scientific research

activities on the environment, aquatic life, archaeological resources,

or other uses of the area in which the activities were conducted.

(v) Other descriptions of the activities conducted as specified by

the Regional Director.

Sec. 251.9 Temporarily stopping, canceling, or relinquishing

activities approved under a permit.

(a) MMS may temporarily stop exploration or scientific research

activities under a permit when the Regional Director determines that:

(1) Activities pose a threat of serious, irreparable, or immediate

harm. This includes damage to life (including fish and other aquatic

life), property, any mineral deposit (in areas leased or not leased),

to the marine, coastal, or human environment, or to an archaeological

resource;

(2) You failed to comply with any applicable law, regulation,

order, or provision of the permit. This would include MMS's required

submission of reports and well records or logs within the time

specified; or

(3) Stopping the activities is in the interest of national security

or defense.

(b) Procedures to temporarily stop activities. (1) The Regional

Director will notify you either orally or in writing. MMS will confirm

an oral notification in writing and deliver all written notifications

by courier or certified or registered mail. You must halt all

activities under a permit as soon as you receive an oral or written

notification.

(2) The Regional Director will notify you when you may start your

permit activities again.

(c) Procedure to cancel or relinquish a permit. The Regional

Director may cancel, or a permittee may relinquish, a permit at any

time.

(1) If MMS cancels your permit, the Regional Director will notify

you by certified or registered mail 30 days before the cancellation

date and will state the reason.

(2) You may relinquish the permit by notifying the Regional

Director by certified or registered mail 30 days in advance.

(3) After MMS cancels your permit or you relinquish it, you are

still responsible for proper abandonment of any drill sites in

accordance with the requirements of Sec. 251.7 (b)(8). You must also

comply with all other obligations specified in this part or in the

permit.

Sec. 251.10 Penalties and appeals.

(a) Penalties for noncompliance under a permit issued by MMS. You

are subject to the penalty provisions of:

(1) Section 24 of the Act (43 U.S.C. 1350); and

(2) The procedures contained in 30 CFR part 250, subpart N, for

noncompliance with:

(i) Any provision of the Act;

(ii) Any provision of the permit; or

(iii) Any regulation or order issued under the Act.

(b) Penalties under other laws and regulations. The penalties

prescribed in this section are in addition to any other penalty imposed

by any other law or regulation.

(c) Procedures to appeal orders or decisions MMS issues. You may

appeal any orders or decisions that MMS issues under the regulations in

this part by referring to 30 CFR part 290. When you file an appeal with

the Director, you must continue to follow all requirements for

compliance with an order or decision other than payment of a civil

penalty.

Sec. 251.11 Inspection, selection, and submission of geological data

and information collected under a permit.

(a) Availability of geological data and information collected under

a permit. (1) You must notify the Regional Director immediately, in

writing, after you acquire, analyze, process, or interpret geological

data and information.

(2) Within 30 days of the Regional Director's request, you must

inform MMS in writing of subsequent analysis, processing, or

interpretation of geological data and information.

(3) The Regional Director may, at some time, request that you

submit the analyzed, processed, and interpreted geologic data and

information for inspection and/or permanent retention by MMS.

(b) Submission of geological data and information collected under a

permit. Unless the Regional Director specifies otherwise, geological

data and information must include:

(1) An accurate and complete record of all geological (including

geochemical) data and information describing each operation of

analysis, processing, and interpretation;

(2) Paleontological reports identifying microscopic fossils by

depth, including the reference datum to which paleontological sample

depths are related; and, if the Regional Director requests, washed

samples that you maintain for paleontological determinations;

(3) Copies of well logs or charts in a digital format, if

available;

[[Page 6157]]

(4) Results and data obtained from formation fluid tests;

(5) Analyses of core or bottom samples and/or a representative cut

or split of the core or bottom sample;

(6) Detailed descriptions of any hydrocarbons or hazardous

conditions encountered during operations, including near losses of well

control, abnormal geopressures, and losses of circulation; and

(7) Other geological data and information that the Regional

Director may specify.

(c) Permit obligations when transferring geological data and

information to a third party. If you transfer geological data and

information, in any manner, such as by sale, sale of rights, license

agreement, or trade to a third party; or if a third party transfers

data and information to another third party, the recipient of the data

and information assumes the obligations of a permittee under this

section and is subject to the penalty provisions of subpart N of part

250.

(1) The party transferring the data and information must notify the

recipient, in writing, that accepting these obligations is a condition

of the transfer. The recipient must accept those obligations before the

transfer of data and information can occur.

(2) The party transferring the data and information must notify the

Regional Director of the transfer of the data and information within 30

days of transfer.

Sec. 251.12 Inspection, selection, and submission of geophysical data

and information collected under a permit.

(a) Availability of geophysical data and information collected

under a permit. (1) You must notify the Regional Director immediately,

in writing, after you initially acquire, process, and interpret any

geophysical data and information you collect under a permit.

(2) Within 30 days of a request from the Regional Director, you

must inform MMS in writing of the availability of any geophysical data

and information that you further processed or interpreted.

(b) Review and selection of geophysical data and information

collected under a permit. The Regional Director is authorized to

inspect geophysical data and information before making a final

selection for retention. MMS representatives may inspect and select the

data and information on your premises, or the Regional Director can

request that you deliver data and information to the appropriate MMS

regional office for review.

(1) You must submit the geophysical data and information within 30

days of receiving the request, unless the Regional Director extends the

delivery time.

(2) At any time before final selection, the Regional Director may

return any or all geophysical data and information following review.

You will be notified in writing of all or portions of those data the

Regional Director decides to retain.

(c) Submission of geophysical data and information collected under

a permit. Unless the Regional Director specifies otherwise, you must

include:

(1) An accurate and complete record of each geophysical survey

conducted under the permit, including digital navigational data and

final location maps;

(2) All seismic data developed under a permit presented in a format

and of a quality suitable for processing;

(3) Processed geophysical information derived from seismic data

with extraneous signals and interference removed, presented in a

quality format suitable for interpretive evaluation, reflecting state-

of-the-art processing techniques; and

(4) Other geophysical data, processed geophysical information, and

interpreted geophysical information including, but not limited to,

shallow and deep subbottom profiles, bathymetry, sidescan sonar,

gravity and magnetic surveys, and special studies such as refraction

and velocity surveys.

(d) Permit obligations when transferring geophysical data and

information to a third party. If you transfer geophysical data,

processed geophysical information, or interpreted geophysical

information in any manner, such as by sale of rights, license

agreement, or trade to a third party; or if a third party transfers the

data and information to another third party, the recipient of the data

and information assumes the obligations of a permittee under this

section and is subject to the penalty provisions of part 250, subpart

N.

(1) The party that transfers the data and information must notify

the recipient of the data, in writing, that accepting these obligations

is a condition of the transfer. The recipient must accept those

obligations before the transfer of data and information can occur.

(2) The party that transfers the data and information must notify

the Director of the transfer of the data and information within 30 days

of transfer, unless the transfer is by means of a license agreement.

(3) If the transfer is by means of a license agreement, you or the

next transferor must notify the Regional Director of any transfers of

data and information within 30 days of a request by the Regional

Director.

Sec. 251.13 Reimbursement for the costs of reproducing data and

information and certain processing cost.

(a) MMS will reimburse you or a third party for reasonable costs of

reproducing data and information that the Regional Director requests

if:

(1) You deliver G&G data and information to MMS for the Regional

Director to review, or select and retain (according to Secs. 251.11 or

251.12);

(2) MMS receives your request for reimbursement and the Regional

Director determines that the requested reimbursement is proper; and

(3) The cost is at your lowest rate (or a third party's) or at the

lowest commercial rate established in the area, whichever is less.

(b) MMS will reimburse you or the third party for the reasonable

costs of processing geophysical information (which does not include

cost of data acquisition):

(1) If at the request of the Regional Director, you processed the

geophysical data or information in a form or manner other than that

used in the normal conduct of business; or

(2) If you collected the information under a permit that MMS issued

to you before October 1, 1985, and the Regional Director requests and

retains the information.

(c) When you request reimbursement, you must identify reproduction

and processing costs separately from acquisition costs.

(d) MMS will not reimburse you or a third party for data

acquisition costs or for the costs of analyzing or processing

geological information or interpreting geological or geophysical

information.

Sec. 251.14 Protecting and disclosing data and information submitted

to MMS under a permit.

(a) Disclosure of data and information to the public by MMS. (1) In

making data and information available to the public, the Regional

Director will follow the applicable requirements of:

(i) The Freedom of Information Act (5 U.S.C. 552);

(ii) The implementing regulations at 43 CFR part 2;

(iii) The Act; and

(iv) The regulations at 30 CFR parts 250 and 252 of this chapter.

(2) Except as specified in this section or in 30 CFR parts 250 and

252, if the Director determines any data or information is exempt from

public disclosure under paragraph (a) of this section, MMS will not

provide the data and information to any State or to the

[[Page 6158]]

executive of any local government or to the public, unless you and all

third parties agree to the disclosure. (Third party includes all

persons to whom you sold, licensed, traded, or otherwise transferred

the data or information.)

(3) When you detect any significant hydrocarbon occurrences or

environmental hazards on unleased lands during drilling operations, the

Regional Director will immediately issue a public announcement. The

announcement must further the national interest but without unduly

damaging your competitive position.

(b) Timetable for release of G&G data and information that MMS

acquires. MMS will release data and information that you or a third

party submits and MMS retains in accordance with paragraphs (b)(1) and

(b)(2) of this section.

(1) If the data and information are not related to a deep

stratigraphic test, MMS will release them to the public in accordance

with the following table:

------------------------------------------------------------------------

If you or a third party submits and MMS The Regional Director will

retains disclose them to the public

------------------------------------------------------------------------

Geological data and information........... 10 years after issuing the

permit.

Geophysical data.......................... 50 years after you submit

the data.

Geophysical information................... 25 years after you submit

the information.

------------------------------------------------------------------------

(2) If the data and information are related to a deep stratigraphic

test, MMS will release them to the public at the earlier of the

following times:

(i) Twenty-five years after you complete the test; or

(ii) If a lease sale is held after you complete a test well, 60

calendar days after MMS issues the first lease, a portion of which is

located within 50 geographic miles (92.7 kilometers) of the test.

(c) Procedure that MMS follows to disclose acquired data and

information to a contractor for reproduction, processing, and

interpretation. (1) When practicable, the Regional Director will notify

you of the intent to disclose the data or information to an independent

contractor or agent.

(2) The notice will give you at least 5 working days to comment on

the action.

(3) When the Regional Director notifies you, all other owners of

such data or information will be considered to have been so notified.

(4) Before disclosure, the contractor or agent must sign a written

commitment not to transfer or disclose data or information to anyone

without the Regional Director's consent.

(d) Sharing data and information with coastal States. (1) When MMS

solicits nominations for leasing lands located within 3 geographic

miles (5.6 kilometers) of the seaward boundary of any coastal State,

the Regional Director in accordance with 30 CFR 252.7 (a)(4) and (b)

and subsections 8(g) and 26(e) of the Act (43 U.S.C. 1337(g) and

1352(e)) will provide the Governor with:

(i) All information on the geographical, geological, and ecological

characteristics of the areas and regions MMS proposes to offer for

lease;

(ii) An estimate of the oil and gas reserves in the areas proposed

for leasing; and

(iii) An identification of any field, geological structure, or trap

on the OCS within 3 geographic miles (5.6 kilometers) of the seaward

boundary of the State.

(2) After receiving nominations for leasing an area of the OCS

within 3 geographic miles of the seaward boundary of any coastal State,

MMS will carry out a tentative area identification according to 30 CFR

part 256, subparts D and E. At that time, the Regional Director will

consult with the Governor to determine whether any tracts further

considered for leasing may contain any oil or gas reservoirs that

underlie both the OCS and lands subject to the jurisdiction of the

State.

(3) Before a sale, if a Governor requests, the Regional Director,

in accordance with 30 CFR 252.7(a)(4) and (b) and sections 8(g) and

26(e) of the Act (43 U.S.C. 1337(g) and 1352(e)) will share with the

Governor information that identifies potential and/or proven common

hydrocarbon bearing areas within 3 geographic miles of the seaward

boundary of that State.

(4) Knowledge received by the State official who receives

information described in paragraph (d) of this section is subject to

applicable confidentiality requirements of:

(i) The Act; and

(ii) The regulations at 30 CFR parts 250, 251, and 252 of this

chapter.

Sec. 251.15 Authority for information collection.

(a) The Office of Management and Budget has approved the

information collection requirements in part under 44 U.S.C. 3501 et

seq. and assigned OMB control number 1010-0048. The title of this

information collection is ``30 CFR Part 251, Geological and Geophysical

(G&G) Explorations of the OCS.'' Paragraph (d) of this section lists

the sections in this part requiring the information collection,

summarizes how MMS will use the information, and indicates the reason

for the response.

(b) An 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.

(c) Send comments regarding any aspect of the collection of

information under this part, including suggestions for reducing the

burden, to the Information Collection Clearance Officer, Minerals

Management Service, Mail Stop 2053, 381 Elden Street, Herndon, Virginia

20170-4817; and to the Office of Information and Regulatory Affairs,

Office of Management and Budget, Attention: Desk Officer for the

Department of the Interior (1010-0048), 725 17th Street, NW,

Washington, DC 20503.

(d) MMS is collecting this information for the reasons given in the

following table:

------------------------------------------------------------------------

Regulation cite Information used Response

------------------------------------------------------------------------

30 CFR 251.5.................. To evaluate permit The response is

applications and to required to

monitor scientific obtain a

research activities benefit.

for environmental and

safety reasons.

30 CFR 251.6(b)............... To determine that The response is

explorations do not mandatory.

harm resources,

result in pollution

or create hazardous

or unsafe conditions.

30 CFR 251.6(c)............... To coordinate The response is

activities in the OCS required to

and not harm or obtain a

interfere with other benefit.

users in the area.

30 CFR 251.7: The burden for To analyze and The response is

this section is included with evaluate preliminary mandatory.

30 CFR 250.31 and 250.33 (OMB or planned drilling

Control No. 1010-0049). activities of

permittees in the OCS.

30 CFR 251.8(a)............... To approve The response is

reimbursement of required to

certain expenses. obtain a

benefit.

30 CFR 251.8 (b) and (c)...... To monitor the The response is

progress of mandatory.

activities carried

out under an OCS G&G

permit.

[[Page 6159]]

30 CFR 251.9(c)(2)............ To monitor the The response is

activities carried mandatory.

out under an OCS G&G

permit.

30 CFR 251.11 and 251.12...... To inspect and select The response is

G&G data and mandatory.

information collected

under an OCS G&G

permit.

30 CFR 251.13................. To determine The response is

eligibility for required to

reimbursement from obtain a

the Government for benefit.

certain costs.

------------------------------------------------------------------------

[FR Doc. 97-3200 Filed 2-10-97; 8:45 am]

BILLING CODE 4310-MR-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.