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

BOEM will protect data and information that you submit under this chapter, 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 BOEM 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) [Reserved] | | |
| (2) [Reserved] | | |
| (3) [Reserved] | | |
| (4) [Reserved] | | |
| (5) [Reserved] | | |
| (6) BOEM-0127, Sensitive Reservoir Information Report, | Items 124 through 168, | 2 years after the effective date of the Sensitive Reservoir Information Report. |
| (7) [Reserved] | | |
| (8) [Reserved] | | |
| (9) BOEM-0137 OCS Plan Information, | Items providing the bottomhole location, true vertical depth, and measured depth of wells, | When the well goes on production or according to the table in paragraph (b) of this section, whichever is earlier. |
| (10) BOEM-0140, Bottomhole Pressure Survey Report, | All items, | 2 years after the date of the survey. |

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

| If . . . | BOEM 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, | BOEM 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 BOEM receives the data or information, if the Regional Supervisor deems it necessary, | BOEM 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 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 § 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 § 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 | Two 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 § 552.7 do not apply. If the primary term specified in the lease is extended, this provision applies to the extension. |
| (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 §§ 550.197(b)(5) and (b)(6), whichever occurs earlier, | Directional survey data may be released earlier to the owner of an adjacent lease according to 30 CFR 250 subpart D. |
| (8) Data and information are obtained from beneath unleased land as a result of a well deviation that has not been approved by the 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 part 550, 30 CFR part 203, or 30 CFR part 250, | 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) BOEM may allow limited data and information inspection, but only by a person with a direct interest in related BOEM decisions and issues in a specific geographic area, and who agrees in writing to maintain the confidentiality of geological and geophysical (G&G) data and information submitted under this part that BOEM uses to:

(1) Promote operational safety;

(2) Protect the environment; or

(3) Make field determinations.

(d) No proprietary information received by BOEM under 43 U.S.C. 1352 will be transmitted to any affected State unless the lessee, or the permittee and all persons to whom such permittee has sold such information under promise of confidentiality, agree to such transmittal.

[76 FR 64623, Oct. 18, 2011, as amended at 81 FR 18152, Mar. 30, 2016]