federal register - U.S. Government Printing Office

Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules6157(4) Results and data obtained fromformation fluid tests;(5) Analyses of core or bottomsamples and/or a representative cut orsplit of the core or bottom sample;(6) Detailed descriptions of anyhydrocarbons or hazardous conditionsencountered during operations,including near losses of well control,abnormal geopressures, and losses ofcirculation; and(7) Other geological data andinformation that the Regional Directormay specify.(c) Permit obligations whentransferring geological data andinformation to a third party. If youtransfer geological data and information,in any manner, such as by sale, sale ofrights, license agreement, or trade to athird party; or if a third party transfersdata and information to another thirdparty, the recipient of the data andinformation assumes the obligations of apermittee under this section and issubject to the penalty provisions ofsubpart N of part 250.(1) The party transferring the data andinformation must notify the recipient, inwriting, that accepting these obligationsis a condition of the transfer. Therecipient must accept those obligationsbefore the transfer of data andinformation can occur.(2) The party transferring the data andinformation must notify the RegionalDirector of the transfer of the data andinformation within 30 days of transfer.§ 251.12 Inspection, selection, andsubmission of geophysical data andinformation collected under a permit.(a) Availability of geophysical dataand information collected under apermit. (1) You must notify the RegionalDirector immediately, in writing, afteryou initially acquire, process, andinterpret any geophysical data andinformation you collect under a permit.(2) Within 30 days of a request fromthe Regional Director, you must informMMS in writing of the availability ofany geophysical data and informationthat you further processed orinterpreted.(b) Review and selection ofgeophysical data and informationcollected under a permit. The RegionalDirector is authorized to inspectgeophysical data and information beforemaking a final selection for retention.MMS representatives may inspect andselect the data and information on yourpremises, or the Regional Director canrequest that you deliver data andinformation to the appropriate MMSregional office for review.(1) You must submit the geophysicaldata and information within 30 days ofreceiving the request, unless theRegional Director extends the deliverytime.(2) At any time before final selection,the Regional Director may return any orall geophysical data and informationfollowing review. You will be notifiedin writing of all or portions of those datathe Regional Director decides to retain.(c) Submission of geophysical dataand information collected under apermit. Unless the Regional Directorspecifies otherwise, you must include:(1) An accurate and complete recordof each geophysical survey conductedunder the permit, including digitalnavigational data and final locationmaps;(2) All seismic data developed undera permit presented in a format and of aquality suitable for processing;(3) Processed geophysical informationderived from seismic data withextraneous signals and interferenceremoved, presented in a quality formatsuitable for interpretive evaluation,reflecting state-of-the-art processingtechniques; and(4) Other geophysical data, processedgeophysical information, andinterpreted geophysical informationincluding, but not limited to, shallowand deep subbottom profiles,bathymetry, sidescan sonar, gravity andmagnetic surveys, and special studiessuch as refraction and velocity surveys.(d) Permit obligations whentransferring geophysical data andinformation to a third party. If youtransfer geophysical data, processedgeophysical information, or interpretedgeophysical information in any manner,such as by sale of rights, licenseagreement, or trade to a third party; orif a third party transfers the data andinformation to another third party, therecipient of the data and informationassumes the obligations of a permitteeunder this section and is subject to thepenalty provisions of part 250, subpartN.(1) The party that transfers the dataand information must notify therecipient of the data, in writing, thataccepting these obligations is acondition of the transfer. The recipientmust accept those obligations before thetransfer of data and information canoccur.(2) The party that transfers the dataand information must notify theDirector of the transfer of the data andinformation within 30 days of transfer,unless the transfer is by means of alicense agreement.(3) If the transfer is by means of alicense agreement, you or the nexttransferor must notify the RegionalDirector of any transfers of data andinformation within 30 days of a requestby the Regional Director.§ 251.13 Reimbursement for the costs ofreproducing data and information andcertain processing cost.(a) MMS will reimburse you or a thirdparty for reasonable costs ofreproducing data and information thatthe Regional Director requests if:(1) You deliver G&G data andinformation to MMS for the RegionalDirector to review, or select and retain(according to §§ 251.11 or 251.12);(2) MMS receives your request forreimbursement and the RegionalDirector determines that the requestedreimbursement is proper; and(3) The cost is at your lowest rate (ora third party’s) or at the lowestcommercial rate established in the area,whichever is less.(b) MMS will reimburse you or thethird party for the reasonable costs ofprocessing geophysical information(which does not include cost of dataacquisition):(1) If at the request of the RegionalDirector, you processed the geophysicaldata or information in a form or mannerother than that used in the normalconduct of business; or(2) If you collected the informationunder a permit that MMS issued to youbefore October 1, 1985, and the RegionalDirector requests and retains theinformation.(c) When you request reimbursement,you must identify reproduction andprocessing costs separately fromacquisition costs.(d) MMS will not reimburse you or athird party for data acquisition costs orfor the costs of analyzing or processinggeological information or interpretinggeological or geophysical information.§ 251.14 Protecting and disclosing dataand information submitted to MMS under apermit.(a) Disclosure of data and informationto the public by MMS. (1) In making dataand information available to the public,the Regional Director will follow theapplicable requirements of:(i) The Freedom of Information Act (5U.S.C. 552);(ii) The implementing regulations at43 CFR part 2;(iii) The Act; and(iv) The regulations at 30 CFR parts250 and 252 of this chapter.(2) Except as specified in this sectionor in 30 CFR parts 250 and 252, if theDirector determines any data orinformation is exempt from publicdisclosure under paragraph (a) of thissection, MMS will not provide the dataand information to any State or to the