Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules 6149

Total assets of licensee Base fee Plus, percent of assets

$0 to $1,500,000 .......................................................................................................... $3,500 +0%.

$1,500,001 to $5,000,000 ............................................................................................ 3,700 +.065% of the amount over $1,500,000.

$5,000,001 to $10,000,000 .......................................................................................... 6,000 +.02% of the amount over $5,000,000.

$10,000,001 to $15,000,000 ........................................................................................ 7,000 +.01% of the amount over $10,000,000.

$15,000,001 to $25,000,000 ........................................................................................ 7,700 +.015% of the amount over $15,000,000.

$25,000,001 to $50,000,000 ........................................................................................ 9,200 +.015% of the amount over $25,000,000.

$50,000,001 to $60,000,000 ........................................................................................ 13,000 +.01% of the amount over $50,000,000.

$60,000,001 and above ............................................................................................... 14,000 +0%.

(c) Adjustments to base fee. Your base

fee, as determined by the table in

paragraph (b) of this section, will be

adjusted (increased or decreased) based

on the following criteria:

(1) If you have no outstanding

regulatory violations at the time of the

commencement of the examination and

SBA did not identify any violations as

a result of the most recent prior

examination, you will receive a 15%

discount on your base fee;

(2) If you were fully responsive to the

letter of notification of examination

(that is, you provided all requested

documents and information within the

time period stipulated in the

notification letter in a complete and

accurate manner, and you prepared and

had available all information requested

by the examiner for on-site review), you

will receive a 10% discount on your

base fee;

(3) If you are organized as a

partnership or limited liability

company, you will pay an additional

charge equal to 5% of your base fee;

(4) If you are a Licensee authorized to

issue Participating Securities, you will

pay an additional charge equal to 10%

of your base fee; and

(5) If you maintain your records/files

in multiple locations (as permitted

under § 107.600(b)), you will pay an

additional charge equal to 10% of your

base fee.

(d) Fee discounts and additions table.

The following table summarizes the

discounts and additions noted in

paragraph (c) of this section:

Examination fee discounts

Amount of

discount—

% of base

examination

fee

Examination fee additions

Amount of

addition—%

of base examination

fee

No prior violations ............................... 15 Partnership or limited liability co .................................................................... 5

Responsiveness .................................. 10 Participating Security Licensee ...................................................................... 10

.................... Financing Records at Multiple Locations ....................................................... 10

(e) Delay fee. If, in the judgment of

SBA, the time required to complete your

examination is delayed due to your lack

of cooperation or the condition of your

records, SBA may assess an additional

fee of up to $500 per day.

Dated: February 4, 1997.

Philip Lader,

Administrator.

[FR Doc. 97–3280 Filed 2–10–97; 8:45 am]

BILLING CODE 8025–01–P

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
6150 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules

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 §§ 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 § 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
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules 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
6152 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules

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.

§ 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.
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules 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.

§ 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.

§ 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.

§ 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.
6154 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules

§ 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.

§ 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-ofway, 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.

§ 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 § 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.
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules 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 costsharing 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)
6156 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules

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.

§ 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.

§ 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 § 251.7 (b)(8). You must

also comply with all other obligations

specified in this part or in the permit.

§ 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.

§ 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;
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules 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.

§ 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.

§ 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 §§ 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.

§ 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
6158 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules

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 retains

The Regional Director

will 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.

§ 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 applications and to monitor scientific research activities for environmental and safety reasons.The response is required to obtain

a benefit.

30 CFR 251.6(b) ............................ To determine that explorations do not harm resources, result in pollution or create hazardous or unsafe conditions.The response is mandatory.

30 CFR 251.6(c) ............................ To coordinate activities in the OCS and not harm or interfere with

other users in the area.

The response is required to obtain

a benefit.

30 CFR 251.7: The burden for this

section is included with 30 CFR

250.31 and 250.33 (OMB Control No. 1010–0049).

To analyze and evaluate preliminary or planned drilling activities of

permittees in the OCS.

The response is mandatory.

30 CFR 251.8(a) ............................ To approve reimbursement of certain expenses ................................... The response is required to obtain

a benefit.

30 CFR 251.8 (b) and (c) .............. To monitor the progress of activities carried out under an OCS G&G

permit.

The response is mandatory.
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules 6159

Regulation cite Information used Response

30 CFR 251.9(c)(2) ........................ To monitor the activities carried out under an OCS G&G permit .......... The response is mandatory.

30 CFR 251.11 and 251.12 ........... To inspect and select G&G data and information collected under an

OCS G&G permit.

The response is mandatory.

30 CFR 251.13 ............................... To determine eligibility for reimbursement from the Government for

certain costs.

The response is required to obtain

a benefit.

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

BILLING CODE 4310–MR–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL154–b–1; FRL–5685–8]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: On October 11, 1996, Illinois

submitted a negative declaration

regarding the need for rules controlling

air emissions from sources classified as

part of the ‘‘Shipbuilding and Ship

Repair Industry’’ (SSRI) or ‘‘Marine

Coatings’’ category in the Standard

Industrial Classification (SIC) Manual.

This negative declaration indicates that

the State of Illinois has determined that

there are no major sources (sources with

a potential to emit twenty-five or more

tons per year of volatile organic material

(VOM)) in the Chicago ozone

nonattainment area or the Metro-East

ozone nonattainment area. In this

action, USEPA is proposing to approve

the State’s finding that no additional

control measures are needed. In the

final rules section of this Federal

Register, the USEPA is approving these

actions as a direct final rule without

prior proposal because USEPA views

this as a noncontroversial action and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If USEPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on the proposed rule. USEPA will

not institute a second comment period

on this action. Any parties interested in

commenting on this notice should do so

at this time.

DATES: Comments on this proposed rule

must be received on or before March 13,

1997.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR18–J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis of it are available for

inspection at: Regulation Development

Section, Air Programs Branch (AR18–J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 886–6036.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: January 23, 1997.

Steve Rothblatt,

Acting Regional Administrator.

[FR Doc. 97–3255 Filed 2–10–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IL153–b1; FRL–5684–9]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: U.S. Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: On October 11, 1996, Illinois

submitted a negative declaration

regarding the need for rules controlling

air emissions from sources classified as

part of the ‘‘Aerospace Manufacturing

and Rework Industry’’ (AMRI)) or

‘‘Aerospace Coatings’’ category in the

Standard Industrial Classification (SIC)

Manual. This negative declaration

indicates that the State of Illinois has

determined that there are no major

sources (sources with a potential to emit

twenty-five or more tons per year of

volatile organic material (VOM) in the

Chicago ozone nonattainment area or

the Metro-East ozone nonattainment

area. In this action, USEPA is proposing

to approve the State’s finding that no

additional control measures are needed.

In the final rules section of this Federal

Register, the USEPA is approving these

actions as a direct final rule without

prior proposal because USEPA views

this as a noncontroversial action and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If USEPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on the proposed rule. USEPA will

not institute a second comment period

on this action. Any parties interested in

commenting on this notice should do so

at this time.

DATES: Comments on this proposed rule

must be received on or before March 13,

1997.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR18–J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis of it are available for

inspection at: Regulation Development

Section, Air Programs Branch (AR18–J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 886–6036.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: January 23, 1997.

Steve Rothblatt,

Acting Regional Administrator.

[FR Doc. 97–3253 Filed 2–10–97; 8:45 am]

BILLING CODE 6560–50–P