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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules6151‘‘plain English’’ so small companiesunfamiliar with MMS regulations willfind it easier to follow.Paperwork Reduction ActThis proposed rule contains acollection of information which hasbeen submitted to the Office ofManagement and Budget (OMB) forreview and approval under section 3507(d) of the Paperwork Reduction Act of1995. As part of our continuing effort toreduce paperwork and respondentburdens, MMS invites the public andother Federal agencies to comment onany aspect of the reporting burden.Submit your comments to the Office ofInformation and Regulatory Affairs;OMB; Attention: Desk Officer for theDepartment of the Interior (OMB controlnumber 1010–0048); Washington, D.C.20503. Send a copy of your commentsto the Chief, Engineering and StandardsBranch; Mail Stop 4700; MineralsManagement Service; 381 Elden Street;Herndon, Virginia 20170–4817. Youmay obtain a copy of the supportingstatement for the collection ofinformation by contacting the Bureau’sInformation Collection Clearance Officerat (703) 787–1242.OMB may make a decision to approveor disapprove this collection ofinformation within 30 days after receiptof our request. Therefore, yourcomments are best assured of beingconsidered by OMB if they are receivedwithin the time period. However, MMSwill consider all comments receivedduring the comment period for thisnotice of proposed rulemaking.OMB previously approved theinformation collections in the current 30CFR Part 251 under OMB controlnumbers 1010–0031, 1010–0034, 1010–0036, and 1010–0048. For the proposednew rule, all of the requirements will beincluded under OMB control number1010–0048. The title of this collection ofinformation is ‘‘30 CFR Part 251,Geological and Geophysical (G&G)Explorations of the OCS.’’The collection of information in theproposed rule consists of:(a) A permit application forconducting geological and geophysical(G&G) exploration offshore or filing anotice for monitoring scientific researchactivities (30 CFR 251.5). Thenotification requirement for scientificresearch is new;(b) Reporting the detection ofhydrocarbon occurrences,environmental hazards, or adverseeffects (30 CFR 251.6(b);(c) Informing others in the OCS areaof your G&G activities (30 CFR 251.6(c));(d) Information required for testdrilling activities (30 CFR 251.7);(e) Requesting reimbursement ofexpenses incurred when MMS inspectsyour exploration activity (30 CFR251.8(a));(f) Requesting modifications to andreporting progress of activitiesconducted under a permit (30 CFR251.8(c));(g) Notifying MMS to relinquish apermit (30 CFR 251.9(c)(2));(h) Accurate and completeinformation on G&G data andinformation and subsequent analysesand interpretations (30 CFR 251.11 and251.12); and(i) Requesting reimbursement for costsof:(1) Reproducing the data andinformation MMS selects; and(2) Processing, or reprocessing certaingeophysical information (30 CFR251.13).MMS needs and uses the informationto ensure there is no environmentaldegradation, personal harm, damage tohistorical or archaeological sites, orinterference with other uses; to analyzeand evaluate preliminary or planneddrilling activities; to monitor progressand activities in the OCS; to acquiregeological and geophysical data andinformation collected under a Federalpermit offshore; and to determineeligibility for reimbursement from thegovernment for certain costs.Respondents represent the oil, gas,and sulphur industry or academicinstitutions conducting G&G explorationor scientific research on the FederalOCS. The frequency of response is onoccasion, with the exception of thestatus reports. The frequency of thosewill be specified in the G&G permit.The estimated annual reportingburden is 10,604 hours—an average of7.7 hours per response. Based on $35per hour, the burden hour cost torespondents is estimated to be $371,140.The estimate of other annual costs torespondents is unknown.MMS will summarize writtenresponses to this notice and addressthem in the final rule. All commentswill become a matter of public record.1. MMS specifically solicitscomments on the following questions:(a) Is the proposed collection ofinformation necessary for the properperformance of MMS’s functions, andwill it be useful?(b) Are the estimates of the burdenhours of the proposed collectionreasonable?(c) Do you have any suggestions thatwould enhance the quality, clarity, orusefulness of the information to becollected?(d) Is there a way to minimize theinformation collection burden on thosewho are to respond, including throughthe use of appropriate automatedelectronic, mechanical, or other forms ofinformation technology?2. In addition, the PaperworkReduction Act of 1995 requires agenciesto estimate the total annual cost burdento respondents or recordkeepersresulting from the collection ofinformation. MMS needs yourcomments on this item. Your responseshould split the cost estimate into twocomponents:(a) Total capital and startup costcomponent and(b) Annual operation, maintenance,and purchase of services component.Your estimates should consider thecosts to generate, maintain, and discloseor provide the information. You shoulddescribe the methods you use toestimate major cost factors, includingsystem and technology acquisition,expected useful life of capitalequipment, discount rate(s), and theperiod over which you incur costs.Capital and startup costs include,among other items, computers andsoftware you purchase to prepare forcollecting information; monitoring,sampling, drilling, and testingequipment; and record storage facilities.Generally, your estimates should notinclude equipment or servicespurchased: before October 1, 1995; tocomply with requirements notassociated with the informationcollection; for reasons other than toprovide information or keep records forthe Government; or as part of customaryand usual business or private practices.The Paperwork Reduction Act of 1995provides that an agency may notconduct or sponsor, and you are notrequired to respond to, a collection ofinformation unless it displays acurrently valid OMB control number.Takings Implication AssessmentThe proposed rule does not representa Government action capable ofinterference with constitutionallyprotected property rights. A newrequirement in the rule is a notice forscientific research in the OCS. SinceMMS is not requiring the researcher tosubmit data and information or analysesresulting from the research activity,there is no direct or indirect taking.The proposed rule also clarifies theterms ‘‘transfer’’ and ‘‘third party.’’When a permittee transfers data andinformation to a third party, there is atransfer of the obligation to provideaccess to MMS as well. Further, therecipient of the data and information issubject to the same penalty provisionsas the original permittee—if a thirdparty fails to provide access. These
6152 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rulesclarifications better define existingrequirements and add no newrequirements.Other changes are not substantive orwere made to put the regulation intoplain English. Thus, a TakingsImplication Assessment need not beprepared pursuant to E.O. 12630,‘‘Governmental Actions and Interferencewith Constitutionally Protected PropertyRights.’’Unfunded Mandates Reform Act of 1995The DOI has determined and certifiesaccording to the Unfunded MandatesReform Act, 2 U.S.C. 1502 et seq., thatthis rule will not impose a cost of $100million or more in any given year onlocal, tribal, and State governments, orthe private sector.E.O. 12988The DOI has certified to OMB that therule meets the applicable reformstandards provided in sections 3 (a) and3 (b)(2) of E.O. 12988, ‘‘Civil JusticeReform.’’National Environmental Policy ActThe DOI has also determined that thisaction does not constitute a majorFederal action affecting the quality ofthe human environment; therefore, anEnvironmental Impact Statement is notrequired.List of Subjects in 30 CFR Part 251Continental shelf, Freedom ofinformation, Oil and gas exploration,Public lands-mineral resources,Reporting and recordkeepingrequirements, Research.Dated: January 23, 1997.Bob Armstrong,Assistant Secretary, Land and MineralsManagement.For the reasons stated in thepreamble, 30 CFR Part 251 is proposedto be revised to read as follows:PART 251—GEOLOGICAL ANDGEOPHYSICAL (G&G) EXPLORATIONSOF THE OUTER CONTINENTAL SHELF(OCS)Sec.251.1 Definitions.251.2 Purpose of this part.251.3 Authority and applicability of thispart.251.4 Types of G&G activities that requirepermits or notices.251.5 Applying for permits or filing notices.251.6 Obligations and rights under a permitor a notice.251.7 Test drilling activities under a permit.251.8 Inspection and reportingrequirements for activities under apermit.251.9 Temporarily stopping, canceling, orrelinquishing activities approved under apermit.251.10 Penalties and appeals.251.11 Inspection, selection, andsubmission of geological data andinformation collected under a permit.251.12 Inspection, selection, andsubmission of geophysical data andinformation collected under a permit.251.13 Reimbursement for the cost ofreproducing data and information andcertain processing cost.251.14 Protecting and disclosing data andinformation submitted to MMS under apermit.251.15 Authority for information collection.Authority: 43 U.S.C. 1331 et seq.§ 251.1 Definitions.Terms used in this part have thefollowing meaning:Act means the OCS Lands Act, asamended (43 U.S.C. 1331 et seq.).Analyzed geological informationmeans data collected under a permit ora lease that have been analyzed.Analysis may include but is not limitedto identification of lithologic and fossilcontent, core analyses, laboratoryanalyses of physical and chemicalproperties, well logs or charts, resultsfrom formation fluid tests, anddescriptions of hydrocarbonoccurrences or hazardous conditions.Archaeological resources means anymaterial remains of human life oractivities that are at least 50 years of ageand of archaeological interest.Coastal environment means thephysical, atmospheric, and biologicalcomponents, conditions, and factorsthat interactively determine theproductivity, state, condition, andquality of the terrestrial ecosystem fromthe shoreline inward to the boundariesof the coastal zone.Coastal Zone means the coastalwaters (including the lands therein andthereunder) and the adjacent shorelands(including the waters therein andthereunder), strongly influenced by eachother and in proximity to the shorelinesof the several coastal States and extendsseaward to the outer limit of the U.S.territorial sea. Section 305(b)(1) of theCoastal Zone Management Act identifiesthe inward boundaries of several coastalStates.Coastal Zone Management Act meansthe Coastal Zone Management Act of1972, as amended (16 U.S.C. 1451 etseq.).Data means facts, statistics,measurements, or samples that have notbeen analyzed, processed, orinterpreted.Deep stratigraphic test means drillingthat involves the penetration into thesea bottom of more than 500 feet (152meters).Director means the Director of theMinerals Management Service, U.S.Department of the Interior, or asubordinate authorized to act on theDirector’s behalf.Exploration means the commercialsearch for oil, gas, and sulphur.Activities classified as explorationinclude but are not limited to:(1) Geological and geophysicalsurveys where magnetic, gravity,seismic reflection, seismic refraction,gas sniffers, coring, or other systems areused to detect or imply the presence ofoil, gas, or sulphur; and(2) Any drilling, whether on or off ageological structure.Geological exploration meansexploration that utilizes geological andgeochemical techniques (e.g., coring andtest drilling, well logging, and bottomsampling) to produce data andinformation on oil, gas, and sulphurresources in support of possibleexploration and development activities.The term does not include geologicalscientific research.Geological and geophysical scientificresearch means any oil, gas, or sulphurrelated investigation conducted in theOCS for scientific and/or researchpurposes. Geological, geophysical, andgeochemical data and informationgathered and analyzed are madeavailable to the public for inspectionand reproduction at the earliest possibletime. The term does not includecommercial geological or geophysicalexploration.Geophysical exploration meansexploration that utilizes geophysicaltechniques (e.g., gravity, magnetic, orseismic) to produce data andinformation on oil, gas, and sulphurresources in support of possibleexploration and development activities.The term does not include geophysicalscientific research.Governor means the Governor of aState or the person or entity lawfullydesignated to exercise the powersgranted to a Governor pursuant to theAct.Human environment means thephysical, social, and economiccomponents, conditions, and factors.These factors interactively determinethe quality of life of those affected,directly or indirectly, by OCS activities.Hydrocarbon occurrence means thedirect or indirect detection duringdrilling operations of any liquid orgaseous hydrocarbons by examination ofwell cuttings, cores, gas detectorreadings, formation fluid tests, wirelinelogs, or by any other means. The termdoes not include background gas, minoraccumulations of gas, or heavy oilresidues on cuttings and cores.
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