[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Rules and Regulations]
[Page 40726-40731]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au09-4]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 251
[Docket ID: MMS-2008-OMM-0006]
RIN 1010-AD41
Geological and Geophysical (G&G) Explorations of the Outer
Continental Shelf--Changing Proprietary Term of Certain Geophysical
Information
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Final rule.
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SUMMARY: This final rule extends the proprietary term of certain
reprocessed geophysical information submitted to MMS under a permit.
The rule gives up to 5 years of additional protection to reprocessed
vintage geophysical information that MMS retains and, without an
extension, is subject to release by MMS 25 years after issuing the
permit. The extension provides incentives to permittees and third
parties to reprocess, market, or in other ways use geophysical
information that may not otherwise be reprocessed without the term
extension. The extension does not apply to geological data or
information.
DATES: Effective Date: This rule becomes effective on September 14,
2009.
FOR FURTHER INFORMATION CONTACT: David Zinzer, Geophysicist, Offshore
Energy and Minerals Management, Resource Evaluation Division, at (703)
787-1628.
SUPPLEMENTARY INFORMATION: This final rule implements changes put
forward by our proposed rulemaking published June 18, 2007 (72 FR
33417). The comment period ended August 17, 2007. The MMS received four
sets of written comments. One set of comments and recommendations was
from an industry association; two sets were from third party users of
geophysical data and information collected on the Outer Continental
Shelf (OCS); and one set was from the public.
Summary of Proposed Rulemaking
The MMS proposed to extend, upon successful application to MMS, the
proprietary term of geophysical information that a permittee or third
party reprocessed 20 or more years after MMS issued the germane permit
under which the originating data were collected. The rule proposed to
give up to 5 years of additional protection to reprocessed vintage
geophysical information that MMS retains and, without an extension, is
subject to release by MMS 25 years after issuing the permit. The
extension provides incentives to permittees and third parties to
reprocess, market, or in other ways use geophysical information that
may not otherwise be reprocessed without the term extension.
Analysis of Comments and Recommendations
The MMS has decided to proceed with the final rule after carefully
considering all written comments on the proposed rulemaking.
Comment: One commenter continued to comment about issues and
changes put forward by our proposed rulemaking, published July 17, 2002
(67 FR 46942), and the subsequent related final rulemaking, published
March 30, 2006 (71 FR 16033).
Response: Changes put forth by the June 18, 2007, proposed
rulemaking are directly addressed in this final rulemaking. However,
MMS has clarified, where necessary, certain points or matters that
pertain to all of 30 CFR part 251.
Comment: Three comments cited the substantial costs that can be
incurred in reprocessing existing geophysical information. One
estimated costs of reprocessing exclusive 2-D data of $5-10 million for
a project of 5,000 sq. km (1,930 sq./mi.). The second comment
[[Page 40727]]
noted several geophysical service companies have and continue to invest
vast amounts of capital in the acquisition, processing, and
reprocessing of nonexclusive geophysical data; and that the annual
aggregate of investments by companies in the Gulf of Mexico (GOM) and
other OCS areas is in the hundreds-of-millions of dollars. A third
comment stated the time involved (typically about 1 year) in
reprocessing and the substantial costs that can be incurred in
reprocessing existing geophysical information warrant a minimum of 10
years proprietary term extension.
Response: The MMS recognizes the significant investment that the
geophysical service industry and oil and gas industry make in
acquiring, licensing, processing, and reprocessing geophysical data and
information; and that the competitive and economic value of these data
and information continues during the proprietary period. However, only
data and information that are selected and retained by MMS will be
released to the public. Data and information not retained by MMS are
not subject to release by MMS; therefore, the extension does not apply
to data and information not retained by MMS. The MMS maintains that the
original proprietary term and the 5-year extension in the proposed rule
provide an adequate incentive for investing in reprocessing and the
opportunity to recoup that investment.
Comment: One comment noted that all processed or reprocessed
geophysical information is of value to a licensee (third party).
Instances of licensees applying their own processing techniques should
be considered the exception rather than the norm; Exploration and
Production (E&P) companies license raw data (from permittees). It
appears that MMS is failing to consider or fully appreciate that an
operator must secure a license to geophysical information in order to
apply those additional processing techniques. MMS states that these
sophisticated processing techniques are only performed by E&P
companies, an assertion and premise the commenter categorically
rejects. The commenter also noted that reprocessing of geophysical
information can and does occur numerous times over a number of years.
Response: The MMS recognizes that geophysical companies make
significant investment in developing reprocessed geophysical
information, apply advanced algorithms and other sophisticated
techniques in reprocessing geophysical information for license or sale,
and acknowledges the recurrence of reprocessing during the proprietary
period. Also for clarification, MMS reminds permit applicants that we
issue separate geological and geophysical permits, or one of each, for
a survey. The MMS does not issue a combined geological and geophysical
permit, i.e., there is no ``G&G'' permit per se.
Comment: One comment noted that the proposed rule requires filing
for an extension of the proprietary term (after a 1-year grace period)
within 30 days of completion of reprocessing. The commenter believes
this required time is too short and recommends the required time to
file for an extension should be extended to 90 days.
Response: The MMS agrees that 30 days may be an insufficient amount
of time to file for an extension, and will allow permittees and third
parties up to 90 days to file (see Sec. 251.14(b)(2)). The sooner an
application is filed, the sooner MMS may approve the extension.
Comment: Another comment requested that MMS not require a seismic
company to apply for an extension. If MMS still requires submission of
an application, then MMS should allow the seismic company to submit the
application as early as the 15th anniversary of the originating permit.
The commenter also stated that MMS' proposed rulemaking creates a new
administrative and management burden on MMS of tracking these
extensions and the geophysical data and information to which they
apply.
Response: The MMS does not require a permittee to apply for an
extension of the proprietary term; absent an extension, the reprocessed
information would retain its 25-year term. However, an approved
application is required for a permittee to get an extension of the
term. Adding 5 years to the proprietary term for information
reprocessed between 15 and 20 years after the permit date will not
extend the term beyond the original 25-year term. Extending the term
for information that is reprocessed 20 or more years after the permit
date allows a sufficient amount of time for permittees and third
parties to market, sell, trade, license, or otherwise use the
reprocessed information, and allows MMS to keep the number of
applications for an extension at a manageable level.
Comment: One comment questioned MMS' estimates of $3 million to $25
million in revenue over the first 5 years after the rule becomes
effective, generated by licensing or selling geophysical information
reprocessed 20 or more years after MMS issued the germane permit and
for which MMS extended the proprietary term. The commenter also
questioned why most eligible vintage geophysical information would come
from the Alaska OCS.
Response: These are revenue estimates only, expected to be in the
ballpark but with a wide range. The MMS believes that the best market
for this type of vintage, reprocessed geophysical information is in the
Alaska OCS where little or no modern 3-D information exists and where
OCS lease sales are currently scheduled. While reprocessed vintage 2-D
and 3-D geophysical information in the GOM that MMS retains is eligible
for 5-year extensions of the 25-year proprietary term, there is less
demand as modern 2-D and 3-D information is available in most of the
same areas.
Comment: One comment asked for clarification of a ``germane
permit.'' Another commenter used the term ``underlying permit'' in
their comments.
Response: Both refer to the MMS permit under which the original raw
data were collected by the permittee.
Comment: One commenter recommended MMS add to the rule definitions
for processed geophysical information and date of completion of
reprocessing. Another commenter recommended adding the definition of
reprocessing.
Response: The definitions for processed geophysical information and
reprocessing are already in the 30 CFR 251 regulations (see Sec.
251.1). It appears that commenters were not clear on what definitions
apply to this rulemaking. The definition for processed geophysical
information is contained in the definition titled processed geophysical
or geological information. The definition for reprocessing is also
contained in that same definition--reprocessing is the additional
processing other than ordinary processing used in the general course of
evaluation. The MMS interprets date of completion to be the date that
the reprocessed information first becomes available in a useable format
for inhouse interpretation by MMS or the permittee, or first becomes
available to third parties via sale, trade, license agreement, or other
means. We revised the definition of processed geophysical or geological
information to include this wording for date of completion. To further
clarify that this revised regulation applies strictly to reprocessed
geophysical information, we have added definitions for geophysical
information and geological information to the rule. Also, to recognize
its growing use as a major geophysical technique in the OCS,
electromagnetic is added to the list of key geophysical techniques in
the definition of geophysical exploration.
[[Page 40728]]
Comment: One commenter believes there is justification for greater
than a 5-year term extension, stating that Brazil has a 10-year reset
when data are reprocessed before they are made public.
Response: The confidentiality (proprietary) period for geophysical
data/information collected offshore Brazil by data acquisition
companies (similar to permittees in the U.S.) is 10 years, plus an
additional 10 years if the information is reprocessed during the
initial 10-year confidentiality period. In Brazil and other countries,
``data'' and ``information'' are treated the same with regards to a
proprietary term. For the U.S. OCS, geophysical data has a 50-year
proprietary term while processed geophysical information has a 25-year
term.
Comment: The commenter strongly supports the proposed rule and
urges MMS to adopt the proposed changes quickly. The proposed rule is
necessary to amend changes to the final rule in 2006, which modifies
the start dates of proprietary terms for geophysical data and
information and any derivatives of these data. The commenter also
supports provisions in the proposed rule that would allow multiple
extensions up to a maximum of 50 years.
Response: The MMS believes that the proposed extension of up to 5
years of the proprietary term of geophysical information that a
permittee or third party reprocessed 20 or more years after MMS issued
the germane permit under which the originating data were collected, is
fair and appropriate.
Comment: Another commenter similarly believes that the concept of
an extension to the proprietary period for geophysical information is a
much needed addition to the regulations as they currently exist after
the changes enacted in 2006. The commenter contends that the proposed
extension is too short and should be extended to 10 years. The proposed
5-year extension would significantly limit the value of projects
conducted by geophysical contractors and processing firms, and as a
result, degrade the value of preexisting information and lessen
interest in applying new reprocessing techniques to older information
sets. A third commenter believes that proposing an additional 5 years,
while certainly appreciated, does not adequately address concerns that
the commenter articulated to the MMS Director in the April 21, 2006
letter and in a June 2006 workshop with MMS. The commenter recommends
an extension by MMS of no less than 7 years. The commenter states that
this is a reasonable amount of time to ensure that a seismic company
will achieve a return on their investment of the reprocessed
geophysical information and creates an incentive for the seismic
companies to pursue and implement technological advances in processing
that will certainly occur. In turn, this will minimize the need for
acquiring more costly, new geophysical data that will be constrained by
obstructions offshore and marine environmental concerns.
Response: The MMS maintains that the original proprietary term and
the 5-year extension in the proposed rule provide an adequate incentive
for investing in reprocessing and the opportunity to recoup that
investment.
Comment: The commenter also suggests MMS state that the extension
of the confidentiality period may be applied to other processed or
reprocessed information derived from data collected under the same
originating permit.
Response: The extension of the proprietary term will be determined
separately for each approved application, including reprocessed
information derived from data collected under the same originating
permit.
Comment: Another commenter stated that the 25-year proprietary term
was too long and objected to any extension of time. The commenter
proposed a 10-year [basic] term with a 5-year extension for
reprocessing geophysical data. If geophysical information is allowed to
become public sooner, the effect would be to encourage exploration,
allow the scientific community to access important information that
could be valuable to research, and to give students training to be
geophysicists a much more robust data set with which to hone their
processing and interpretative skills.
Response: The MMS finds that an extension of the proprietary term,
by up to 5 years, is appropriate. The MMS encourages geophysical
service companies and E&P companies to make vintage and other
geophysical information available, as soon as possible, to the science
community, students, and to government agencies for research.
Comment: One commenter contends that most, if not all, processed or
reprocessed geophysical information submitted to MMS includes data
added as a convenience to the user that allows the user to work the
data on seismic workstations. The additional data can be used by a
third party to reverse-engineer the processing, allowing them to
effectively obtain the raw underlying data, at which point they can
apply their own processing techniques and market products as their own.
The ending result would be a total violation of a seismic company's
intellectual property rights. It would also raise a question as to
whether MMS has any rights to that processed geophysical data, and
whether MMS has breached its obligation to hold the raw seismic data in
confidence for 50 years.
Response: The MMS does not acquire processed or reprocessed
geophysical information that can be reverse-engineered back to its raw
data format. Most geophysical information retained by MMS has undergone
stacking and migration, following previous processing steps such as
demultiplexing, gain adjustments, deconvolution, amplitude and velocity
analyses, normal move-out corrections, and filtering. Other geophysical
information, which has not undergone migration, would still require
identification of field geometry (source and receiver locations) and
other parameters and filters used to collect data before attempting
reverse engineering. As such, the geophysical information that MMS
retains enjoys a 25-year term, not a 50-year term since it is not, nor
can it become, raw data.
Comment: The same commenter suggested that MMS incorporate in the
rule, a comprehensive list of the criteria the Regional Director would
use to determine whether to approve or deny a seismic company's
application for an extension of the confidentiality period. Without
stated criteria, a seismic company would have added uncertainty/risk to
account for in its analysis and determination of whether to make an
investment in reprocessing geophysical information in the later years
of an originating permit.
The commenter also stated that requiring an application process to
obtain an extension of the confidentiality period wrongly ``implies
that the seismic company may somehow be able to obfuscate the
regulatory requirements of the original permit, submit geophysical
information that is not in fact recently reprocessed geophysical
information, or submit geophysical information that is not reprocessed
geophysical information.''
Response: In according confidentiality to reprocessed geophysical
information, MMS does not need and will not apply any criteria other
than those specified in 30 CFR part 251, and in particular, the
definitions of geophysical information and processed geophysical
information as they appear in this rulemaking. An applicant who
completes the MMS application for the 5-year extension of the
proprietary term will furnish MMS all the information MMS will need to
[[Page 40729]]
approve the protection. The application will request such information
as name and address, the area in which the information was collected,
permit number, date, description of the processing performed, date of
completion of reprocessing, and certification that the geophysical
information meets the definition of processed geophysical information.
The MMS believes that the information required on the application is
relevant to its approval of a seismic company's application for an
extension.
Additional Clarification Added To the Final Rule
We have added a new paragraph to Sec. 251.14(b) to make it clear
that geophysical information that is granted the extension is subject
to same submission, inspection, and selection criteria under 30 CFR
251.12 and reimbursement criteria identified under 30 CFR 251.13. This
paragraph clarifies the intent that the reprocessed geophysical
information is treated in the same manner as other geophysical data and
information collected under a permit and processed by permittees or
third parties. We also clarified paragraph (3) of Sec. 251.14(b) by
explicitly stating under what conditions one may apply for an extension
for a new reprocessing of permitted data.
Procedural Matters
Regulatory Planning and Review (Executive Order (E.O.) 12866)
This final rule is not a significant rule as determined by the
Office of Management and Budget (OMB) and is not subject to review
under E.O. 12866.
(1) This final rule will not have an effect of $100 million or more
on the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
The MMS estimates that over the first 5 years after the rule
becomes effective, revenue generated by licensing or selling
geophysical information reprocessed 20 or more years after MMS issued
the germane permit, and for which MMS extended the proprietary term,
will be in a range from $3 million to $25 million over the period. More
revenue will be generated in the first year during which there is a 1-
year grace period to apply for extensions of proprietary terms of all
eligible reprocessed information. In subsequent years, applications
must be filed within 90 days of completion of processing.
The range of estimated values depends on the number of lease sales
in areas where eligible vintage geophysical information exists, mostly
in the Alaska OCS, the amount and quality of reprocessed geophysical
information, and economic factors. The MMS assumes 15 extensions will
be approved over the 5-year period after this final rule is effective.
(2) This final rule will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
(3) This final rule will not alter the budgetary effects of
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients.
(4) This final rule will not raise novel legal or policy issues
arising out of legal mandates, the President's priorities, or the
priorities set forth in E.O. 12866.
Regulatory Flexibility Act
The Department of the Interior certifies that this final rule will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This final rule will extend the proprietary term for vintage
reprocessed geophysical information. The only entities affected by this
final rule change are about 10 geophysical companies, if still in
existence, whose reprocessed geophysical information being held by MMS
may be released later than under current regulations. The Small
Business Administration classifies geophysical surveying and mapping
service companies under the North American Industry Classification
System Code 541360. The criteria for determining a small entity for
this classification code is annual receipts of less than $4.5 million.
All of the 10 geophysical companies potentially affected by this final
rule have annual receipts greater than $4.5 million; therefore, this
final rule will not have a significant economic effect on a substantial
number of small entities.
Your comments are important. The Small Business and Agriculture
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were
established to receive comments from small businesses about Federal
agency enforcement actions. The Ombudsman will annually evaluate the
enforcement activities and rate each agency's responsiveness to small
business. If you wish to comment on the actions of MMS, call 1-888-734-
3247. You may comment to the Small Business Administration without fear
of retaliation. Allegations of discrimination/retaliation filed with
the Small Business Administration will be investigated for appropriate
action.
Small Business Regulatory Enforcement Fairness Act
The final rule is not a major rule under 5 U.S.C. 804(2) of the
Small Business Regulatory Enforcement Fairness Act. This final rule:
a. Will not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This final rule will not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. The final rule will not have an effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1501 et seq.) is not required.
Takings Implication Assessment (E.O. 12630)
Under the criteria in E.O. 12630, this final rule does not have
significant takings implications. The final rule is not a governmental
action capable of interference with constitutionally protected property
rights. A Takings Implication Assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this final rule does not have
federalism implications. This final rule will not substantially and
directly affect the relationship between the Federal and State
governments. To the extent that State and local governments have a role
in OCS activities, this final rule will not affect that role. A
Federalism Assessment is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
[[Page 40730]]
Consultation With Indian Tribes (E.O. 13175)
Under the criteria in E.O. 13175, we have evaluated this final rule
and determined that it has no substantial effects on federally
recognized Indian tribes. There are no Indian or tribal lands in the
OCS.
Paperwork Reduction Act (PRA)
This rule contains a new information collection requirement;
therefore, a submission to OMB under the PRA is required. The OMB has
approved the new requirement under OMB Control Number 1010-0179
(expiration 08/31/2012; total 3 burden hours). Once the rulemaking
becomes effective, we will consolidate the burden into the primary
collection, 30 CFR 251, 1010-0048.
The title of the collection of information is ``30 CFR part 251,
Request for Geophysical Extension.'' Respondents include approximately
10 Federal OCS permittees. Responses to this collection are required to
obtain or retain a benefit. The frequency of reporting is on occasion.
The MMS will protect proprietary information according to the Freedom
of Information Act (5 U.S.C. 552) and its implementing regulations (43
CFR part 2), and under regulations at 30 CFR part 251. The information
collection does not include questions of a sensitive nature.
The final regulation will allow permittees and third parties to
apply for an up to 5-year extension of the 25-year proprietary term
within 90 days after the date of completion of the reprocessing. This
benefit adds 3 new burden hours to the information collection
requirements already approved for 30 CFR part 251. The rulemaking
imposes no new non-hour burden costs. Refer to the chart for the new
requirement and burden.
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Reporting and
30 CFR 251 recordkeeping Hour burden Average number of Annual burden
requirement annual responses hours
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251.14(b)(3)...................... Request extension of Burden included in 30 CFR Part 251 0
time period for (1010-0048)
permitted activities.
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251.14(b)(1), (2), (3)............ NEW: Apply for 1 3 Extensions......... 3
extension of the
proprietary term for
geophysical
information within
90 days after
reprocessing
completion date; any
subsequent extension
requests.
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Total......................... ..................... .............. 3 responses.......... 3
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Based on a comment received during the proposed rule stage, MMS
extended the time allowed for respondents to request an extension of
the proprietary term from 30 days to 90 days after completion of
reprocessing. This change did not affect the paperwork burden between
the proposed and final rule.
A Federal agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The public may comment, at any
time, on the accuracy of the information collection burden of our
regulations and may submit comments to the Department of the Interior;
Minerals Management Service; Attention: Regulations and Standards
Branch; MS-4024; 381 Elden Street; Herndon, Virginia 20170-4817.
National Environmental Policy Act of 1969
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. The MMS has analyzed
this rule under the criteria of the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and determined that it falls within the
categorical exclusion for ``regulations * * * that are of an
administrative, financial, legal, technical, or procedural nature and
whose environmental effects are too broad, speculative, or conjectural
to lend themselves to meaningful analysis'' in that it is a rule of a
legal nature. The MMS completed a Categorical Exclusion Review for this
action and concluded that the rulemaking does not include an
extraordinary circumstance, therefore, preparation of an environmental
analysis or environmental impact statement will not be required.
Data Quality Act
In developing this rule, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554, app. C Sec. 515, 114 Stat. 2763, 2763A-153-154).
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
List of Subjects in 30 CFR Part 251
Continental shelf, Freedom of information, Oil and gas exploration,
Public lands--mineral resources, Reporting and recordkeeping
requirements, Research.
Dated: July 2, 2009.
Ned Farquhar,
Acting Assistant Secretary--Land and Minerals Management.
0
For the reasons stated in the preamble, the Minerals Management Service
(MMS) amends 30 CFR part 251 as follows:
PART 251--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE
OUTER CONTINENTAL SHELF
0
1. The authority citation for part 251 continues to read as follows:
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
0
2. Amend Sec. 251.1 as set forth below:
0
A. Add definitions for Geological information, Geophysical data, and
Geophysical information in alphabetical order;
0
B. Revise the definitions for Geophysical exploration and Processed
geological or geophysical information; and
0
C. Delete the definition for Information.
Sec. 251.1 Definitions.
* * * * *
Geological information means geological or geochemical data that
have been analyzed, processed, or interpreted.
* * * * *
Geophysical data means measurements that have not been processed or
interpreted.
Geophysical exploration means exploration that utilizes geophysical
techniques (e.g., gravity, magnetic, electromagnetic, or seismic) to
produce data and information on oil, gas, and sulphur resources in
support of possible exploration and development activities.
[[Page 40731]]
The term does not include geophysical scientific research.
* * * * *
Geophysical information means geophysical data that have been
processed or interpreted.
* * * * *
Processed geological or geophysical information means data
collected under a permit and later processed or reprocessed. Processing
involves changing the form of data so as to facilitate interpretation.
Processing operations may include, but are not limited to, applying
corrections for known perturbing causes, rearranging or filtering data,
and combining or transforming data elements. Reprocessing is the
additional processing other than ordinary processing used in the
general course of evaluation. Reprocessing operations may include
varying identified parameters for the detailed study of a specific
problem area. Reprocessing may occur several years after the original
processing date. Reprocessing is determined to be completed on the date
that the reprocessed information is first available in a useable format
for in-house interpretation by MMS or the permittee, or becomes first
available to third parties via sale, trade, license agreement, or other
means.
* * * * *
0
3. Amend Sec. 251.14 as set forth below:
0
A. Revise the introductory text in paragraph (b);
0
B. Revise the table in paragraph (b)(1);
0
C. Redesignate paragraphs (b)(2) and (b)(3) as (b)(7) and (b)(8),
respectively; and
0
D. Add new paragraphs (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) to
read as follows:
Sec. 251.14 Protecting and disclosing data and information submitted
to MMS under a permit.
* * * * *
(b) Timetable for release of G&G data and information related to
oil, gas, and sulphur that MMS acquires. Except for high-resolution
data and information released under 30 CFR 250.197(b)(2), MMS will
release or disclose acquired data and information in accordance with
paragraphs (b)(1) through (b)(7) of this section.
(1) * * *
------------------------------------------------------------------------
The Regional Director will
If you or a third party submit and MMS release them to the public * *
retains * * * *
------------------------------------------------------------------------
(i) Geological data and information,... 10 years after MMS issued the
permit.
(ii) Geophysical data,................. 50 years after MMS issued the
permit.
(iii) Geophysical information processed 25 years after MMS issued the
or reprocessed less than 20 years permit.
after MMS issued the germane permit,
(iv) Geophysical information processed 25 years after MMS issued the
or reprocessed 20 or more years after permit; or, if you or a third
MMS issued the germane permit, party applied for an extension
of the proprietary term, 5
years after MMS approved the
application for an extension.
In any case MMS will release
the information no later than
50 years after MMS issued the
permit.
------------------------------------------------------------------------
(2) Permittees and third parties may apply to MMS for an extension
of the 25-year proprietary term for geophysical information reprocessed
20 or more years after MMS issued the germane permit. You must submit
the application to MMS within 90 days after completion of the
reprocessing, except during the initial 1-year grace period as provided
in paragraph (b)(5) below. Filing locations are listed in Sec.
251.5(d). Your application must include:
(i) Name and address of the permittee or third party;
(ii) Product name;
(iii) Identification of the geophysical information area;
(iv) Identification of originating permit number and date;
(v) Description of reprocessing performed;
(vi) Identification of the date of completion of reprocessing the
geophysical information;
(vii) Certification that the product meets the definition of
processed geophysical information and that all other information in the
application is accurate; and
(viii) Signature and date.
(3) With each new reprocessing of permitted data, you may apply for
an extension of up to 5 years. However, the maximum proprietary term
for geophysical information is 50 years after MMS issued the permit.
Once the maximum term is reached, the MMS Regional Director will
release the information to the public.
(4) Geophysical information processed or reprocessed 20 or more
years after MMS issued the germane permit and granted the extension
will be subject to submission, inspection, and selection criteria under
30 CFR 251.12 and reimbursement criteria identified under 30 CFR
251.13.
(5) There will be a 1-year grace period, starting September 14,
2009, to allow permittees and third parties sufficient time to meet the
above requirements and to apply for all eligible extensions. During
this time, MMS will not release geophysical information which was
reprocessed 20 or more years after the date that MMS issued the germane
permit.
(6) After September 14, 2010 MMS will resume releasing eligible
reprocessed information. If an application for extension is not filed,
not filed on time, or not approved by MMS, the original 25-year
proprietary term applies to the release date of the reprocessed
geophysical information.
* * * * *
[FR Doc. E9-19198 Filed 8-12-09; 8:45 am]
BILLING CODE 4310-MR-P