###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.197 Data and information to be made available to the public or for limited inspection.

BSEE will protect data and information that you submit under this part, and 30 CFR part 203, as described in this section. Paragraphs (a) and (b) of this section describe what data and information will be made available to the public without the consent of the lessee, under what circumstances, and in what time period. Paragraph (c) of this section describes what data and information will be made available for limited inspection without the consent of the lessee, and under what circumstances.

(a) All data and information you submit on BSEE forms will be made available to the public upon submission, except as specified in the following table:

| On form . . . | Data and information not immediately available are . . . | Excepted data will be made available . . . |
| --- | --- | --- |
| (1) BSEE-0123, Application for Permit to Drill, | Items 15, 16, 22 through 25, | When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier. |
| (2) BSEE-0123S, Supplemental APD Information Sheet, | Items 3, 7, 8, 15 and 17, | When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier. |
| (3) BSEE-0124, Application for Permit to Modify, | Item 17, | When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier. |
| (4) BSEE-0125, End of Operations Report, | Items 12, 13, 17, 21, 22, 26 through 38, | When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier. However, items 33 through 38 will not be released when the well goes on production unless the period of time in the table in paragraph (b) has expired. |
| (5) BSEE-0126, Well Potential Test Report, | Item 101, | 2 years after you submit it. |
| (6) [Reserved] | | |
| (7) BSEE-0133 Well Activity Report, | Item 10 Fields [WELLBORE START DATE, TD DATE, OP STATUS, END DATE, MD, TVD, AND MW PPG]. Item 11 Fields [WELLBORE START DATE, TD DATE, PLUGBACK DATE, FINAL MD, AND FINAL TVD] and Items 12 through 15, | When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier. |
| (8) BSEE-0133S Open Hole Data Report, | Boxes 7 and 8, | When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier. |
| (9) [Reserved] | | |
| (10) [Reserved] | | |

(b) BSEE will release lease and permit data and information that you submit and BSEE retains, but that are not normally submitted on BSEE forms, according to the following table:

| If . . . | BSEE will release . . . | At this time . . . | Special provisions . . . |
| --- | --- | --- | --- |
| (1) The Director determines that data and information are needed for specific scientific or research purposes for the Government, | Geophysical data, Geological data Interpreted G&G information, Processed G&G information, Analyzed geological information, | At any time, | BSEE will release data and information only if release would further the National interest without unduly damaging the competitive position of the lessee. |
| (2) Data or information is collected with high-resolution systems (e.g., bathymetry, side-scan sonar, subbottom profiler, and magnetometer) to comply with safety or environmental protection requirements, | Geophysical data, Geological data, Interpreted G&G information, Processed geological information, Analyzed geological information, | 60 days after BSEE receives the data or information, if the Regional Supervisor deems it necessary, | BSEE will release the data and information earlier than 60 days if the Regional Supervisor determines it is needed by affected States to make decisions under 30 CFR 550, subpart B. The Regional Supervisor will reconsider earlier release if you satisfy him/her that it would unduly damage your competitive position. |
| (3) Your lease is no longer in effect, | Geophysical data, Geological data, Processed G&G information Interpreted G&G information, Analyzed geological information, | When your lease terminates, | This release time applies only if the provisions in this table governing high-resolution systems and the provisions in 30 CFR 552.7 do not apply. The release time applies to the geophysical data and information only if acquired postlease for a lessee's exclusive use. |
| (4) Your lease is still in effect, | Geophysical data, Processed geophysical information, Interpreted G&G information, | 10 years after you submit the data and information, | This release time applies only if the provisions in this table governing high-resolution systems and the provisions in 30 CFR 552.7 do not apply. This release time applies to the geophysical data and information only if acquired postlease for a lessee's exclusive use. |
| (5) Your lease is still in effect and within the primary term specified in the lease, | Geological data, Analyzed geological information, | 2 years after the required submittal date or 60 days after a lease sale if any portion of an offered lease is within 50 miles of a well, whichever is later, | These release times apply only if the provisions in this table governing high-resolution systems and the provisions in 30 CFR 552.7 do not apply. If the primary term specified in the lease is extended under the heading of “Suspensions” in this subpart, the extension applies to this provision. |
| (6) Your lease is in effect and beyond the primary term specified in the lease, | Geological data, Analyzed geological information, | 2 years after the required submittal date, | None. |
| (7) Data or information is submitted on well operations, | Descriptions of downhole locations, operations, and equipment, | When the well goes on production or when geological data is released according to §§ 250.197(b)(5) and (b)(6), whichever occurs earlier, | Directional survey data may be released earlier to the owner of an adjacent lease according to Subpart D of this part. |
| (8) Data and information are obtained from beneath unleased land as a result of a well deviation that has not been approved by the District Manager or Regional Supervisor, | Any data or information obtained, | At any time, | None. |
| (9) Except for high-resolution data and information released under paragraph (b)(2) of this section data and information acquired by a permit under 30 CFR part 551 are submitted by a lessee under 30 CFR part 203, 30 CFR part 250, or 30 CFR part 550, | G&G data, analyzed geological information, processed and interpreted G&G information, | Geological data and information: 10 years after BOEM issues the permit; Geophysical data: 50 years after BOEM issues the permit; Geophysical information: 25 years after BOEM issues the permit, | None. |

(c) BSEE may allow limited inspection, but only by persons with a direct interest in related BSEE decisions and issues in specific geographic areas, and who agree in writing to its confidentiality, of G&G data and information submitted under this part or 30 CFR part 203 that BSEE uses to:

(1) Make unitization determinations on two or more leases;

(2) Make competitive reservoir determinations;

(3) Ensure proper plans of development for competitive reservoirs;

(4) Promote operational safety;

(5) Protect the environment;

(6) [Reserved]; or

(7) Determine eligibility for royalty relief.