40726 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 

Oxytetracycline and neomycin sulfate 

amount Indications for use Limitations Sponsors 

3. Sheep: For treatment of bacterial 

enteritis caused by E. coli and bacterial pneumonia caused by P. 

multocida susceptible to oxytetracycline; treatment and control of 

colibacillosis (bacterial enteritis) 

caused by E. coli susceptible to 

neomycin. 

Feed continuously for 7 to 14 d. If 

symptoms persist after using for 2 

or 3 days, consult a veterinarian. 

Treatment should continue 24 to 

48 hours beyond remission of disease symptoms. Withdraw 5 d before slaughter. 

048164 

066104 

(iv) To provide 25 mg/head/day Calves (250 to 400 lb): For increased 

rate of weight gain and improved 

feed efficiency. 

Feed continuously. 048164 

066104 

(v) To provide 75 mg/head/day Growing cattle (over 400 lb): For increased rate of weight gain; improved feed efficiency, and reduction of liver condemnation due to 

liver abscesses. 

Feed continuously. 048164 

066104 

(vi) To provide 0.5 to 2.0 g/head/ day Cattle: For prevention and treatment 

of the early stages of shipping 

fever complex. 

Feed 3 to 5 d before and after arrival 

in feedlots. A withdrawal period 

has not been established for use in 

preruminating calves. Do not use 

in calves to be processed for veal. 

A milk discard time has not been 

established for use in lactating 

dairy cattle. Do not use in female 

dairy cattle 20 months of age or 

older. 

048164 

066104 

Dated: August 7, 2009. 

William T. Flynn, 

Acting Director, Center for Veterinary 

Medicine. 

[FR Doc. E9–19414 Filed 8–12–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Part 251 

[Docket ID: MMS–2008–OMM–0006] 

RIN 1010–AD41 

Geological and Geophysical (G&G) 

Explorations of the Outer Continental 

Shelf—Changing Proprietary Term of 

Certain Geophysical Information 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule. 

SUMMARY: This final rule extends the 

proprietary term of certain reprocessed 

geophysical information submitted to 

MMS under a permit. The rule gives up 

to 5 years of additional protection to 

reprocessed vintage geophysical 

information that MMS retains and, 

without an extension, is subject to 

release by MMS 25 years after issuing 

the permit. The extension provides 

incentives to permittees and third 

parties to reprocess, market, or in other 

ways use geophysical information that 

may not otherwise be reprocessed 

without the term extension. The 

extension does not apply to geological 

data or information. 

DATES: Effective Date: This rule becomes 

effective on September 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

David Zinzer, Geophysicist, Offshore 

Energy and Minerals Management, 

Resource Evaluation Division, at (703) 

787–1628. 

SUPPLEMENTARY INFORMATION: This final 

rule implements changes put forward by 

our proposed rulemaking published 

June 18, 2007 (72 FR 33417). The 

comment period ended August 17, 2007. 

The MMS received four sets of written 

comments. One set of comments and 

recommendations was from an industry 

association; two sets were from third 

party users of geophysical data and 

information collected on the Outer 

Continental Shelf (OCS); and one set 

was from the public. 

Summary of Proposed Rulemaking 

The MMS proposed to extend, upon 

successful application to MMS, the 

proprietary term of geophysical 

information that a permittee or third 

party reprocessed 20 or more years after 

MMS issued the germane permit under 

which the originating data were 

collected. The rule proposed to give up 

to 5 years of additional protection to 

reprocessed vintage geophysical 

information that MMS retains and, 

without an extension, is subject to 

release by MMS 25 years after issuing 

the permit. The extension provides 

incentives to permittees and third 

parties to reprocess, market, or in other 

ways use geophysical information that 

may not otherwise be reprocessed 

without the term extension. 

Analysis of Comments and 

Recommendations 

The MMS has decided to proceed 

with the final rule after carefully 

considering all written comments on the 

proposed rulemaking. 

Comment: One commenter continued 

to comment about issues and changes 

put forward by our proposed 

rulemaking, published July 17, 2002 (67 

FR 46942), and the subsequent related 

final rulemaking, published March 30, 

2006 (71 FR 16033). 

Response: Changes put forth by the 

June 18, 2007, proposed rulemaking are 

directly addressed in this final 

rulemaking. However, MMS has 

clarified, where necessary, certain 

points or matters that pertain to all of 30 

CFR part 251. 

Comment: Three comments cited the 

substantial costs that can be incurred in 

reprocessing existing geophysical 

information. One estimated costs of 

reprocessing exclusive 2–D data of $5– 

10 million for a project of 5,000 sq. km 

(1,930 sq./mi.). The second comment 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 40727 

noted several geophysical service 

companies have and continue to invest 

vast amounts of capital in the 

acquisition, processing, and 

reprocessing of nonexclusive 

geophysical data; and that the annual 

aggregate of investments by companies 

in the Gulf of Mexico (GOM) and other 

OCS areas is in the hundreds-ofmillions of dollars. A third comment 

stated the time involved (typically about 

1 year) in reprocessing and the 

substantial costs that can be incurred in 

reprocessing existing geophysical 

information warrant a minimum of 10 

years proprietary term extension. 

Response: The MMS recognizes the 

significant investment that the 

geophysical service industry and oil and 

gas industry make in acquiring, 

licensing, processing, and reprocessing 

geophysical data and information; and 

that the competitive and economic 

value of these data and information 

continues during the proprietary period. 

However, only data and information 

that are selected and retained by MMS 

will be released to the public. Data and 

information not retained by MMS are 

not subject to release by MMS; 

therefore, the extension does not apply 

to data and information not retained by 

MMS. The MMS maintains that the 

original proprietary term and the 5-year 

extension in the proposed rule provide 

an adequate incentive for investing in 

reprocessing and the opportunity to 

recoup that investment. 

Comment: One comment noted that 

all processed or reprocessed geophysical 

information is of value to a licensee 

(third party). Instances of licensees 

applying their own processing 

techniques should be considered the 

exception rather than the norm; 

Exploration and Production (E&P) 

companies license raw data (from 

permittees). It appears that MMS is 

failing to consider or fully appreciate 

that an operator must secure a license to 

geophysical information in order to 

apply those additional processing 

techniques. MMS states that these 

sophisticated processing techniques are 

only performed by E&P companies, an 

assertion and premise the commenter 

categorically rejects. The commenter 

also noted that reprocessing of 

geophysical information can and does 

occur numerous times over a number of 

years. 

Response: The MMS recognizes that 

geophysical companies make significant 

investment in developing reprocessed 

geophysical information, apply 

advanced algorithms and other 

sophisticated techniques in reprocessing 

geophysical information for license or 

sale, and acknowledges the recurrence 

of reprocessing during the proprietary 

period. Also for clarification, MMS 

reminds permit applicants that we issue 

separate geological and geophysical 

permits, or one of each, for a survey. 

The MMS does not issue a combined 

geological and geophysical permit, i.e., 

there is no ‘‘G&G’’ permit per se. 

Comment: One comment noted that 

the proposed rule requires filing for an 

extension of the proprietary term (after 

a 1-year grace period) within 30 days of 

completion of reprocessing. The 

commenter believes this required time 

is too short and recommends the 

required time to file for an extension 

should be extended to 90 days. 

Response: The MMS agrees that 30 

days may be an insufficient amount of 

time to file for an extension, and will 

allow permittees and third parties up to 

90 days to file (see § 251.14(b)(2)). The 

sooner an application is filed, the 

sooner MMS may approve the 

extension. 

Comment: Another comment 

requested that MMS not require a 

seismic company to apply for an 

extension. If MMS still requires 

submission of an application, then MMS 

should allow the seismic company to 

submit the application as early as the 

15th anniversary of the originating 

permit. The commenter also stated that 

MMS’ proposed rulemaking creates a 

new administrative and management 

burden on MMS of tracking these 

extensions and the geophysical data and 

information to which they apply. 

Response: The MMS does not require 

a permittee to apply for an extension of 

the proprietary term; absent an 

extension, the reprocessed information 

would retain its 25-year term. However, 

an approved application is required for 

a permittee to get an extension of the 

term. Adding 5 years to the proprietary 

term for information reprocessed 

between 15 and 20 years after the permit 

date will not extend the term beyond 

the original 25-year term. Extending the 

term for information that is reprocessed 

20 or more years after the permit date 

allows a sufficient amount of time for 

permittees and third parties to market, 

sell, trade, license, or otherwise use the 

reprocessed information, and allows 

MMS to keep the number of 

applications for an extension at a 

manageable level. 

Comment: One comment questioned 

MMS’ estimates of $3 million to $25 

million in revenue over the first 5 years 

after the rule becomes effective, 

generated by licensing or selling 

geophysical information reprocessed 20 

or more years after MMS issued the 

germane permit and for which MMS 

extended the proprietary term. The 

commenter also questioned why most 

eligible vintage geophysical information 

would come from the Alaska OCS. 

Response: These are revenue 

estimates only, expected to be in the 

ballpark but with a wide range. The 

MMS believes that the best market for 

this type of vintage, reprocessed 

geophysical information is in the Alaska 

OCS where little or no modern 3–D 

information exists and where OCS lease 

sales are currently scheduled. While 

reprocessed vintage 2–D and 3–D 

geophysical information in the GOM 

that MMS retains is eligible for 5-year 

extensions of the 25-year proprietary 

term, there is less demand as modern 

2–D and 3–D information is available in 

most of the same areas. 

Comment: One comment asked for 

clarification of a ‘‘germane permit.’’ 

Another commenter used the term 

‘‘underlying permit’’ in their comments. 

Response: Both refer to the MMS 

permit under which the original raw 

data were collected by the permittee. 

Comment: One commenter 

recommended MMS add to the rule 

definitions for processed geophysical 

information and date of completion of 

reprocessing. Another commenter 

recommended adding the definition of 

reprocessing. 

Response: The definitions for 

processed geophysical information and 

reprocessing are already in the 30 CFR 

251 regulations (see § 251.1). It appears 

that commenters were not clear on what 

definitions apply to this rulemaking. 

The definition for processed 

geophysical information is contained in 

the definition titled processed 

geophysical or geological information. 

The definition for reprocessing is also 

contained in that same definition— 

reprocessing is the additional 

processing other than ordinary 

processing used in the general course of 

evaluation. The MMS interprets date of 

completion to be the date that the 

reprocessed information first becomes 

available in a useable format for inhouse 

interpretation by MMS or the permittee, 

or first becomes available to third 

parties via sale, trade, license 

agreement, or other means. We revised 

the definition of processed geophysical 

or geological information to include this 

wording for date of completion. To 

further clarify that this revised 

regulation applies strictly to reprocessed 

geophysical information, we have added 

definitions for geophysical information 

and geological information to the rule. 

Also, to recognize its growing use as a 

major geophysical technique in the 

OCS, electromagnetic is added to the list 

of key geophysical techniques in the 

definition of geophysical exploration. 


pwalker on DSK8KYBLC1PROD with RULES
40728 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 

Comment: One commenter believes 

there is justification for greater than a 

5-year term extension, stating that Brazil 

has a 10-year reset when data are 

reprocessed before they are made 

public. 

Response: The confidentiality 

(proprietary) period for geophysical 

data/information collected offshore 

Brazil by data acquisition companies 

(similar to permittees in the U.S.) is 10 

years, plus an additional 10 years if the 

information is reprocessed during the 

initial 10-year confidentiality period. In 

Brazil and other countries, ‘‘data’’ and 

‘‘information’’ are treated the same with 

regards to a proprietary term. For the 

U.S. OCS, geophysical data has a 50- 

year proprietary term while processed 

geophysical information has a 25-year 

term. 

Comment: The commenter strongly 

supports the proposed rule and urges 

MMS to adopt the proposed changes 

quickly. The proposed rule is necessary 

to amend changes to the final rule in 

2006, which modifies the start dates of 

proprietary terms for geophysical data 

and information and any derivatives of 

these data. The commenter also 

supports provisions in the proposed 

rule that would allow multiple 

extensions up to a maximum of 50 

years. 

Response: The MMS believes that the 

proposed extension of up to 5 years of 

the proprietary term of geophysical 

information that a permittee or third 

party reprocessed 20 or more years after 

MMS issued the germane permit under 

which the originating data were 

collected, is fair and appropriate. 

Comment: Another commenter 

similarly believes that the concept of an 

extension to the proprietary period for 

geophysical information is a much 

needed addition to the regulations as 

they currently exist after the changes 

enacted in 2006. The commenter 

contends that the proposed extension is 

too short and should be extended to 10 

years. The proposed 5-year extension 

would significantly limit the value of 

projects conducted by geophysical 

contractors and processing firms, and as 

a result, degrade the value of preexisting 

information and lessen interest in 

applying new reprocessing techniques 

to older information sets. A third 

commenter believes that proposing an 

additional 5 years, while certainly 

appreciated, does not adequately 

address concerns that the commenter 

articulated to the MMS Director in the 

April 21, 2006 letter and in a June 2006 

workshop with MMS. The commenter 

recommends an extension by MMS of 

no less than 7 years. The commenter 

states that this is a reasonable amount 

of time to ensure that a seismic 

company will achieve a return on their 

investment of the reprocessed 

geophysical information and creates an 

incentive for the seismic companies to 

pursue and implement technological 

advances in processing that will 

certainly occur. In turn, this will 

minimize the need for acquiring more 

costly, new geophysical data that will be 

constrained by obstructions offshore 

and marine environmental concerns. 

Response: The MMS maintains that 

the original proprietary term and the 

5-year extension in the proposed rule 

provide an adequate incentive for 

investing in reprocessing and the 

opportunity to recoup that investment. 

Comment: The commenter also 

suggests MMS state that the extension of 

the confidentiality period may be 

applied to other processed or 

reprocessed information derived from 

data collected under the same 

originating permit. 

Response: The extension of the 

proprietary term will be determined 

separately for each approved 

application, including reprocessed 

information derived from data collected 

under the same originating permit. 

Comment: Another commenter stated 

that the 25-year proprietary term was 

too long and objected to any extension 

of time. The commenter proposed a 

10-year [basic] term with a 5-year 

extension for reprocessing geophysical 

data. If geophysical information is 

allowed to become public sooner, the 

effect would be to encourage 

exploration, allow the scientific 

community to access important 

information that could be valuable to 

research, and to give students training to 

be geophysicists a much more robust 

data set with which to hone their 

processing and interpretative skills. 

Response: The MMS finds that an 

extension of the proprietary term, by up 

to 5 years, is appropriate. The MMS 

encourages geophysical service 

companies and E&P companies to make 

vintage and other geophysical 

information available, as soon as 

possible, to the science community, 

students, and to government agencies 

for research. 

Comment: One commenter contends 

that most, if not all, processed or 

reprocessed geophysical information 

submitted to MMS includes data added 

as a convenience to the user that allows 

the user to work the data on seismic 

workstations. The additional data can be 

used by a third party to reverse-engineer 

the processing, allowing them to 

effectively obtain the raw underlying 

data, at which point they can apply 

their own processing techniques and 

market products as their own. The 

ending result would be a total violation 

of a seismic company’s intellectual 

property rights. It would also raise a 

question as to whether MMS has any 

rights to that processed geophysical 

data, and whether MMS has breached 

its obligation to hold the raw seismic 

data in confidence for 50 years. 

Response: The MMS does not acquire 

processed or reprocessed geophysical 

information that can be reverseengineered back to its raw data format. 

Most geophysical information retained 

by MMS has undergone stacking and 

migration, following previous 

processing steps such as 

demultiplexing, gain adjustments, 

deconvolution, amplitude and velocity 

analyses, normal move-out corrections, 

and filtering. Other geophysical 

information, which has not undergone 

migration, would still require 

identification of field geometry (source 

and receiver locations) and other 

parameters and filters used to collect 

data before attempting reverse 

engineering. As such, the geophysical 

information that MMS retains enjoys a 

25-year term, not a 50-year term since it 

is not, nor can it become, raw data. 

Comment: The same commenter 

suggested that MMS incorporate in the 

rule, a comprehensive list of the criteria 

the Regional Director would use to 

determine whether to approve or deny 

a seismic company’s application for an 

extension of the confidentiality period. 

Without stated criteria, a seismic 

company would have added 

uncertainty/risk to account for in its 

analysis and determination of whether 

to make an investment in reprocessing 

geophysical information in the later 

years of an originating permit. 

The commenter also stated that 

requiring an application process to 

obtain an extension of the 

confidentiality period wrongly ‘‘implies 

that the seismic company may somehow 

be able to obfuscate the regulatory 

requirements of the original permit, 

submit geophysical information that is 

not in fact recently reprocessed 

geophysical information, or submit 

geophysical information that is not 

reprocessed geophysical information.’’ 

Response: In according confidentiality 

to reprocessed geophysical information, 

MMS does not need and will not apply 

any criteria other than those specified in 

30 CFR part 251, and in particular, the 

definitions of geophysical information 

and processed geophysical information 

as they appear in this rulemaking. An 

applicant who completes the MMS 

application for the 5-year extension of 

the proprietary term will furnish MMS 

all the information MMS will need to 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 40729 

approve the protection. The application 

will request such information as name 

and address, the area in which the 

information was collected, permit 

number, date, description of the 

processing performed, date of 

completion of reprocessing, and 

certification that the geophysical 

information meets the definition of 

processed geophysical information. The 

MMS believes that the information 

required on the application is relevant 

to its approval of a seismic company’s 

application for an extension. 

Additional Clarification Added To the 

Final Rule 

We have added a new paragraph to 

§ 251.14(b) to make it clear that 

geophysical information that is granted 

the extension is subject to same 

submission, inspection, and selection 

criteria under 30 CFR 251.12 and 

reimbursement criteria identified under 

30 CFR 251.13. This paragraph clarifies 

the intent that the reprocessed 

geophysical information is treated in the 

same manner as other geophysical data 

and information collected under a 

permit and processed by permittees or 

third parties. We also clarified 

paragraph (3) of § 251.14(b) by explicitly 

stating under what conditions one may 

apply for an extension for a new 

reprocessing of permitted data. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order (E.O.) 12866) 

This final rule is not a significant rule 

as determined by the Office of 

Management and Budget (OMB) and is 

not subject to review under E.O. 12866. 

(1) This final rule will not have an 

effect of $100 million or more on the 

economy. It will 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. 

The MMS estimates that over the first 

5 years after the rule becomes effective, 

revenue generated by licensing or 

selling geophysical information 

reprocessed 20 or more years after MMS 

issued the germane permit, and for 

which MMS extended the proprietary 

term, will be in a range from $3 million 

to $25 million over the period. More 

revenue will be generated in the first 

year during which there is a 1-year grace 

period to apply for extensions of 

proprietary terms of all eligible 

reprocessed information. In subsequent 

years, applications must be filed within 

90 days of completion of processing. 

The range of estimated values 

depends on the number of lease sales in 

areas where eligible vintage geophysical 

information exists, mostly in the Alaska 

OCS, the amount and quality of 

reprocessed geophysical information, 

and economic factors. The MMS 

assumes 15 extensions will be approved 

over the 5-year period after this final 

rule is effective. 

(2) This final rule will not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. 

(3) This final rule will not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

(4) This final rule will not raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the priorities set forth in E.O. 12866. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this final rule will not have 

a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.). 

This final rule will extend the 

proprietary term for vintage reprocessed 

geophysical information. The only 

entities affected by this final rule change 

are about 10 geophysical companies, if 

still in existence, whose reprocessed 

geophysical information being held by 

MMS may be released later than under 

current regulations. The Small Business 

Administration classifies geophysical 

surveying and mapping service 

companies under the North American 

Industry Classification System Code 

541360. The criteria for determining a 

small entity for this classification code 

is annual receipts of less than $4.5 

million. All of the 10 geophysical 

companies potentially affected by this 

final rule have annual receipts greater 

than $4.5 million; therefore, this final 

rule will not have a significant 

economic effect on a substantial number 

of small entities. 

Your comments are important. The 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and 10 Regional Fairness Boards were 

established to receive comments from 

small businesses about Federal agency 

enforcement actions. The Ombudsman 

will annually evaluate the enforcement 

activities and rate each agency’s 

responsiveness to small business. If you 

wish to comment on the actions of 

MMS, call 1–888–734–3247. You may 

comment to the Small Business 

Administration without fear of 

retaliation. Allegations of 

discrimination/retaliation filed with the 

Small Business Administration will be 

investigated for appropriate action. 

Small Business Regulatory Enforcement 

Fairness Act 

The final rule is not a major rule 

under 5 U.S.C. 804(2) of the Small 

Business Regulatory Enforcement 

Fairness Act. This final rule: 

a. Will not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

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. The 

final rule will not have an effect on 

State, local, or tribal governments or the 

private sector. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) is not required. 

Takings Implication Assessment (E.O. 

12630) 

Under the criteria in E.O. 12630, this 

final rule does not have significant 

takings implications. The final rule is 

not a governmental action capable of 

interference with constitutionally 

protected property rights. A Takings 

Implication Assessment is not required. 

Federalism (E.O. 13132) 

Under the criteria in E.O. 13132, this 

final rule does not have federalism 

implications. This final rule will not 

substantially and directly affect the 

relationship between the Federal and 

State governments. To the extent that 

State and local governments have a role 

in OCS activities, this final rule will not 

affect that role. A Federalism 

Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 


pwalker on DSK8KYBLC1PROD with RULES
40730 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 

Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in E.O. 13175, we 

have evaluated this final rule and 

determined that it has no substantial 

effects on federally recognized Indian 

tribes. There are no Indian or tribal 

lands in the OCS. 

Paperwork Reduction Act (PRA) 

This rule contains a new information 

collection requirement; therefore, a 

submission to OMB under the PRA is 

required. The OMB has approved the 

new requirement under OMB Control 

Number 1010–0179 (expiration 08/31/ 

2012; total 3 burden hours). Once the 

rulemaking becomes effective, we will 

consolidate the burden into the primary 

collection, 30 CFR 251, 1010–0048. 

The title of the collection of 

information is ‘‘30 CFR part 251, 

Request for Geophysical Extension.’’ 

Respondents include approximately 10 

Federal OCS permittees. Responses to 

this collection are required to obtain or 

retain a benefit. The frequency of 

reporting is on occasion. The MMS will 

protect proprietary information 

according to the Freedom of Information 

Act (5 U.S.C. 552) and its implementing 

regulations (43 CFR part 2), and under 

regulations at 30 CFR part 251. The 

information collection does not include 

questions of a sensitive nature. 

The final regulation will allow 

permittees and third parties to apply for 

an up to 5-year extension of the 25-year 

proprietary term within 90 days after 

the date of completion of the 

reprocessing. This benefit adds 3 new 

burden hours to the information 

collection requirements already 

approved for 30 CFR part 251. The 

rulemaking imposes no new non-hour 

burden costs. Refer to the chart for the 

new requirement and burden. 

30 CFR 251 Reporting and recordkeeping requirement Hour burden Average number of annual 

responses 

Annual burden 

hours 

251.14(b)(3) ..................... Request extension of time period for permitted activities.Burden included in 30 CFR Part 251 (1010– 

0048) 

0 

251.14(b)(1), (2), (3) ........ NEW: Apply for extension of the proprietary term for 

geophysical information within 90 days after reprocessing completion date; any subsequent extension requests.

1 3 Extensions ...................... 3 

Total .......................... .................................................................................... ........................ 3 responses ....................... 3 

Based on a comment received during 

the proposed rule stage, MMS extended 

the time allowed for respondents to 

request an extension of the proprietary 

term from 30 days to 90 days after 

completion of reprocessing. This change 

did not affect the paperwork burden 

between the proposed and final rule. 

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 of 

our regulations and may submit 

comments to the Department of the 

Interior; Minerals Management Service; 

Attention: Regulations and Standards 

Branch; MS–4024; 381 Elden Street; 

Herndon, Virginia 20170–4817. 

National Environmental Policy Act of 

1969 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. The 

MMS has analyzed this rule under the 

criteria of the National Environmental 

Policy Act (42 U.S.C. 4321 et seq.) and 

determined that it falls within the 

categorical exclusion for ‘‘regulations 

* * * that are of an administrative, 

financial, legal, technical, or procedural 

nature and whose environmental effects 

are too broad, speculative, or conjectural 

to lend themselves to meaningful 

analysis’’ in that it is a rule of a legal 

nature. The MMS completed a 

Categorical Exclusion Review for this 

action and concluded that the 

rulemaking does not include an 

extraordinary circumstance, therefore, 

preparation of an environmental 

analysis or environmental impact 

statement will not be required. 

Data Quality Act 

In developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554, app. 

C § 515, 114 Stat. 2763, 2763A–153– 

154). 

Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. A Statement of Energy Effects 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: July 2, 2009. 

Ned Farquhar, 

Acting Assistant Secretary—Land and 

Minerals Management. 

■ For the reasons stated in the preamble, 

the Minerals Management Service 

(MMS) amends 30 CFR part 251 as 

follows: 

PART 251—GEOLOGICAL AND 

GEOPHYSICAL (G&G) EXPLORATIONS 

OF THE OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 251 

continues to read as follows: 

Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 

■ 2. Amend § 251.1 as set forth below: 

■ A. Add definitions for Geological 

information, Geophysical data, and 

Geophysical information in alphabetical 

order; 

■ B. Revise the definitions for 

Geophysical exploration and Processed 

geological or geophysical information; 

and 

■ C. Delete the definition for 

Information. 

§ 251.1 Definitions. 

* * * * * 

Geological information means 

geological or geochemical data that have 

been analyzed, processed, or 

interpreted. 

* * * * * 

Geophysical data means 

measurements that have not been 

processed or interpreted. 

Geophysical exploration means 

exploration that utilizes geophysical 

techniques (e.g., gravity, magnetic, 

electromagnetic, or seismic) to produce 

data and information on oil, gas, and 

sulphur resources in support of possible 

exploration and development activities. 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations 40731 

The term does not include 

geophysical scientific research. 

* * * * * 

Geophysical information means 

geophysical data that have been 

processed or interpreted. 

* * * * * 

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. Reprocessing may 

occur several years after the original 

processing date. Reprocessing is 

determined to be completed on the date 

that the reprocessed information is first 

available in a useable format for inhouse interpretation by MMS or the 

permittee, or becomes first available to 

third parties via sale, trade, license 

agreement, or other means. 

* * * * * 

■ 3. Amend § 251.14 as set forth below: 

■ A. Revise the introductory text in 

paragraph (b); 

■ B. Revise the table in paragraph (b)(1); 

■ C. Redesignate paragraphs (b)(2) and 

(b)(3) as (b)(7) and (b)(8), respectively; 

and 

■ D. Add new paragraphs (b)(2), (b)(3), 

(b)(4), (b)(5), and (b)(6) to read as 

follows: 

§ 251.14 Protecting and disclosing data 

and information submitted to MMS under a 

permit. 

* * * * * 

(b) Timetable for release of G&G data 

and information related to oil, gas, and 

sulphur that MMS acquires. Except for 

high-resolution data and information 

released under 30 CFR 250.197(b)(2), 

MMS will release or disclose acquired 

data and information in accordance 

with paragraphs (b)(1) through (b)(7) of 

this section. 

(1) * * * 

If you or a third party submit and MMS retains * * * The Regional Director will release them to the public * * * 

(i) Geological data and information, ......................................................... 10 years after MMS issued the permit. 

(ii) Geophysical data, ................................................................................ 50 years after MMS issued the permit. 

(iii) Geophysical information processed or reprocessed less than 20 

years after MMS issued the germane permit, 

25 years after MMS issued the permit. 

(iv) Geophysical information processed or reprocessed 20 or more 

years after MMS issued the germane permit, 

25 years after MMS issued the permit; or, if you or a third party applied 

for an extension of the proprietary term, 5 years after MMS approved 

the application for an extension. In any case MMS will release the information no later than 50 years after MMS issued the permit. 

(2) Permittees and third parties may 

apply to MMS for an extension of the 

25-year proprietary term for geophysical 

information reprocessed 20 or more 

years after MMS issued the germane 

permit. You must submit the 

application to MMS within 90 days after 

completion of the reprocessing, except 

during the initial 1-year grace period as 

provided in paragraph (b)(5) below. 

Filing locations are listed in § 251.5(d). 

Your application must include: 

(i) Name and address of the permittee 

or third party; 

(ii) Product name; 

(iii) Identification of the geophysical 

information area; 

(iv) Identification of originating 

permit number and date; 

(v) Description of reprocessing 

performed; 

(vi) Identification of the date of 

completion of reprocessing the 

geophysical information; 

(vii) Certification that the product 

meets the definition of processed 

geophysical information and that all 

other information in the application is 

accurate; and 

(viii) Signature and date. 

(3) With each new reprocessing of 

permitted data, you may apply for an 

extension of up to 5 years. However, the 

maximum proprietary term for 

geophysical information is 50 years after 

MMS issued the permit. Once the 

maximum term is reached, the MMS 

Regional Director will release the 

information to the public. 

(4) Geophysical information 

processed or reprocessed 20 or more 

years after MMS issued the germane 

permit and granted the extension will be 

subject to submission, inspection, and 

selection criteria under 30 CFR 251.12 

and reimbursement criteria identified 

under 30 CFR 251.13. 

(5) There will be a 1-year grace 

period, starting September 14, 2009, to 

allow permittees and third parties 

sufficient time to meet the above 

requirements and to apply for all 

eligible extensions. During this time, 

MMS will not release geophysical 

information which was reprocessed 20 

or more years after the date that MMS 

issued the germane permit. 

(6) After September 14, 2010 MMS 

will resume releasing eligible 

reprocessed information. If an 

application for extension is not filed, 

not filed on time, or not approved by 

MMS, the original 25-year proprietary 

term applies to the release date of the 

reprocessed geophysical information. 

* * * * * 

[FR Doc. E9–19198 Filed 8–12–09; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0460] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Mattaponi River, Wakema, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the Mattaponi Madness Drag 

Boat Races, a series of power boat races 

to be held on the waters of the 

Mattaponi River, near Wakema, 

Virginia. These special local regulations 

are necessary to provide for the safety of 

life on navigable waters during the 

events. This action is intended to 

restrict vessel traffic during the power 

boat races in a segment of the Mattaponi 

River that flows along the border of King 

William County and King and Queen 

County near Wakema, Virginia. 

DATES: This rule is effective from 

August 15 through August 16, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 


pwalker on DSK8KYBLC1PROD with RULES