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mittee who provided the data or infor- Freedom of Information Act (5 U.S.C. mation which the Director has proc- 552) and implementing regulations. essed, analyzed, or interpreted during The Director shall not transmit or the development of the Summary make available any information which Report. The Summary Report shall he determines is exempt from discloinclude:
sure in accordance with this part. (1) Estimates of oil and gas reserves; estimates of the oil and gas resources
(44 FR 46408, Aug. 7, 1979, as amended at 54
FR 50617, Dec. 8, 1989) that may be found within areas which the Secretary has leased or plans to 8 252.6 Freedom of Information Act reoffer for lease; and when available,
quirements. projected rates and volumes of oil and
(a) The Director shall make data gas to be produced from leased areas; (2) Magnitude of the approximate
and information available in accordprojections and timing of develop
ance with the requirements and subment, if and when oil or gas, or both,
ject to the limitations of the Freedom is discovered;
of Information Act (5 U.S.C. 552), the (3) Method of transportation to be
regulations contained in 43 CFR part 2 used, including vessels and pipelines
(Records and Testimony), the requireand approximate location of routes to
ments of the Act, and the regulations be followed; and
contained in 30 CFR part 250 (Oil and (4) General location and nature of
Gas and Sulphur Operations in the near-shore and onshore facilities ex
Outer Continental Shelf) and 30 CFR pected to be utilized.
part 251 (Geological and Geophysical (b) When the Director determines
Explorations of the Outer Continental that significant changes have occurred
Shelf). in the information contained in a (b) Except as provided in § 252.7 or Summary Report, the Director shall in parts 250 and 251 of this chapter, prepare and make available the new or no data or information determined by revised information to each affected
the director to be exempt from public State, and, upon request, to the execu
disclosure under paragraph (a) of this tive of any affected local government.
section shall be provided to any affect
ed State or be made available to the 8 252.5 Information to be made available executive of any affected local governto affected States.
ment or to the public unless the lessee, (a) The Director shall prepare an
or the permittee and all persons to index of OCS information (see 30 CFR
whom such permittee has sold such 256.10). The index shall list all rele
data or information under promise of vant actual or proposed programs,
confidentiality, agree to such action. plans, reports, environmental impact
8 252.7 Privileged and proprietary data statements, nominations information,
and information to be made available environmental study reports, lease
to affected States. sale information, and any similar type of relevant information, including (a)(1) The Governor of any affected modifications, comments, and revi- State may designate an appropriate sions prepared or directly obtained by State official to inspect, at a regional the Director under the Act. The index location which the Director shall desshall be sent to affected States and, ignate, any privileged or proprietary upon request, to any affected local data or information received by the government. The public shall be in- Director regarding any activity in an formed of the availability of the index. area adjacent to such State, except
(b) Upon request, the Director shall that no such inspection shall take transmit to affected States, affected place prior to the sale of a lease coverlocal governments, and the public a ing the area in which such activity was copy of any information listed in the conducted. index which is subject to the control (2)(i) Except as provided for in 30 of the Minerals Management Service, CFR 250.4 and 251.14, no privileged or in accordance with the requirements proprietary data or information will and subject to the limitations of the be transmitted to any affected State
unless the lessee who provided the privileged or proprietary data or information agrees in writing to the transmittal of the data or information.
(ii) Except as provided for in 30 CFR 250.4 and 251.14, no privileged or proprietary data or information will be transmitted to any affected State unless the permittee and all persons to whom the permittee has sold the data or information under promise of confidentiality agree in writing to the transmittal of the data or information.
(3) Knowledge obtained by a State official who inspects data or information under paragraph (a)(1) or who receives data or information under paragraph (a)(2) of this section shall be subject to the requirements and limitations of the Freedom of Information Act (5 U.S.C. 552), the regulations contained in 43 CFR part 2 (Records and Testimony), the Act (92 Stat. 629), the regulations contained in 30 CFR part 250 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf), the regulations contained in 30 CFR part 251 (Geological and Geophysical Explorations of the Outer Continental Shelf), and the regulations contained in this part 252 (Outer Continental Shelf Oil and Gas Information Program).
(4) Prior to the transmittal of any privileged or proprietary data or information to any State, or the grant of access to a State official to such data or information, the Secretary shall enter into a written agreement with the Governor of the State in accordance with section 26(e) of the Act (43 U.S.C. 1352). In that agreement the State shall agree, as a condition precedent to receiving or being granted access to such data or information to: (i) Protect and maintain the confidentiality of privileged or proprietary data and information in accordance with the laws and regulations listed in paragraph (a)(3) of this section; (ii) waive the defenses as set forth in paragraph (b)(2) of this section; and (iii) hold the United States harmless from any violations of the agreement to protect the confidentiality of privileged or proprietary data or information by the State or its employees or contractors.
(b)(1) Whenever any employee of the Federal Government or of any State reveals in violation of the Act or of the provisions of the regulations implementing the Act, privileged or proprietary data or information obtained pursuant to the regulations in this chapter, the lessee or permittee who supplied such information to the Di. rector or any other Federal official, and any person to whom such lessee or permittee has sold such data or information under the promise of confidentiality, may commence a civil action for damages in the appropriate district court of the United States against the Federal Government or such State, as the case may be. Any Federal or State employee who is found guilty of failure to comply with any of the require. ments of this section shall be subject to the penalties described in section 24 of the Act (43 U.S.C. 1350).
(2) In any action commenced against the Federal Government or a State pursuant to paragraph (b)(1) of this section, the Federal Government or such State, as the case may be, may not raise as a defense any claim of sovereign immunity, or any claim that the employee who revealed the privileged or proprietary data or information which is the basis of such suit was acting outside the scope of the person's employment in revealing such data or information.
(c) If the Director finds that any State cannot or does not comply with the conditions described in the agreement entered into pursuant to paragraph (a)(4) of this section, the Director shall thereafter withhold transmittal and deny access for inspection of privileged or proprietary data or information to such State until the Director finds that such State can and will comply with those conditions.
PART 254–SPILL-RESPONSE PLANS
FOR OFFSHORE FACILITIES INCLUDING STATE SUBMERGED LANDS AND PIPELINES
Sec. 254.0 Authority for information collection. 254.1 Definitions. 254.2 General requirements. 254.3 Submission of information.
Sec. 254.4 Offshore facilities in Federal waters. 254.5 Offshore facilities in State waters. 254.6 Compliance with plan. 254.7 Determination of adequacy.
AUTHORITY: 33 U.S.C. 1321.
SOURCE: 58 FR 7490, Feb. 8, 1993, unless otherwise noted.
EFFECTIVE DATE NOTE: At 58 FR 7490, Feb. 8, 1993, part 254 was added. This interim rule will expire on February 18, 1995, or when superseded by a final rule.
$ 254.0 Authority for information collec
tion. The information collection requirements in 30 CFR part 254 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1010-0091. The information is being collected to inform the Minerals Management Service (MMS) of operator and lessee preparations for response to potential pollution of the offshore environment.
The requirement to respond is mandatory. The public reporting burden for this collection of information is estimated to average 48 hours per response including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burdens indicated for a specific information collection or any@other aspect of the collection of information pursuant to the provisions of this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer; Minerals Management Service; Mail Stop 2300; 381 Elden Street; Herndon, Virginia 220704817 and the Office of Management and Budget; Paperwork Reduction Project 1010-0091; Washington, DC 20503.
cludes other pipelines used for one or more of these purposes.
Offshore means the area seaward of the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the area seaward of the line marking the limit of inland waters.
Oil means hydrocarbons produced at the wellhead in liquid form (includes distillates or condensate associated with produced natural gas), as well as oil of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
Operator means the individual, partnership, firm, or corporation having control or management of operations on the leased area where the facility is located or the holder of a right of use and easement granted under applicable State law or the Outer Continental Shelf Lands Act, as amended, for the area in which the facility is located.
Pipeline means new and existing pipe and any equipment, appurtenance, or building used or intended for use in the transportation of oil. Pipelines do not include vessels such as barges or shuttle tankers used to transport oil from offshore facilities.
Regional Supervisor means the MMS officer with responsibility and authority for operations or other designated program functions within an MMS Region.
8 254.2 General requirements.
(a) Not later than February 18, 1993, all offshore facilities shall have submitted a spill-response plan, thereby meeting the provisions of $ 254.4 or $ 254.5 of this part.
(b) Compliance with this part may be achieved by a lessee, by an operator on behalf of a lessee, or by a pipeline right-of-way holder.
(c) The spill-response plans may be for a single lease or facility, or for a group of leases or facilities of a single operator or pipeline right-of-way holder, including affiliates which are located in the same geographic area.
(d) The spill-response plans submitted to the Minerals Management Service (MMS) shall be reviewed and updated annually, with all modifications
8 254.1 Definitions.
Facility means any structure or group of structures which are used for one or more of the following purposes: Exploring for, drilling for, producing, storing, processing, or transporting oil. The term excludes deepwater ports and their associated pipelines but in
submitted to the MMS office of original submission. The spill-response plans originally submitted to a State shall be updated in accordance with the requirements of the State.
8 254.3 Submission of information.
Information submitted pursuant to this section shall be sent to the appropriate MMS office listed below.
(a) For facilities offshore Alaska: Minerals Management Service, Re
gional Supervisor, Field Operations, Alaska OCS Region, 949 East 36th Avenue, Anchorage, AK 99508-4302
(b) For offshore facilities in the Atlantic Ocean: Minerals Management Service, Re
gional Director, Atlantic OCS Region, 381 Elden Street, Herndon, VA 22070-4817
(c) For offshore facilities in the Gulf of Mexico: Minerals Management Service, Re
gional Supervisor, Field Operations, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123-2394
(d) For offshore facilities in the Pacific Ocean (except offshore Alaska): Minerals Management Service, Re
gional Supervisor, Field Operations, Pacific OCS Region, 770 Paseo Camarillo, Camarillo, CA 93010-6064
(b) Provide a copy of a spill-response plan that has been submitted to a State agency for approval as well as the following information:
(1) A list of the offshore facilities and leases covered by the plan.
(2) Name and address of agency to which the plan was submitted.
(3) Date plan was submitted.
(4) If the plan received formal approval, the name of the approving organization, the date of approval, and a copy of the approval letter if one was issued.
(5) Identification of any regulations or standards under which the plan was prepared; or
(c) Submit an oil-spill response plan (OSRP) to the appropriate MMS office identified in 30 CFR 254.3. The OSRP shall contain the following:
(1) A summary of available oil-spill trajectory analyses which are specific to the area of operations. The summaries shall specify those environmentally sensitive areas which may be impacted and strategies to be used for their protection.
(2) Identification of response equipment and response times together with materials, support vessels, and procedures to be employed in responding to a worst case discharge and spills of short duration and limited maximum volume (e.g., tank overflows, hose failures). For the purposes of this section, a capability to respond to a worst case discharge requires the ability to respond to a continuous oil spill (e.g., well blowout). Response equipment and strategies shall be suitable for anticipated environmental conditions in the area of operations.
(3) A dispersant-use plan including an inventory of the dispersants which might be proposed for use, a summary of toxicity data for each dispersant, a description of the types of oil on which each dispersant is effective, a description of dispersant application equipment and procedures, and outline of the procedures to be followed in obtaining approval for dispersant use.
(4) Provisions for response drills and for inspecting, testing, and maintaining response equipment.
(5) Procedures for the purpose of early detection and timely notification
$ 254.4 Offshore facilities in Federal
waters. Lessees or facility operators of offshore facilities in Federal waters shall develop, submit, and maintain an oilspill contingency plan (OSCP) prepared in accordance with 30 CFR 250.42. Any plan that does not provide for response equipment testing or response drills shall be amended, and the amendment shall be submitted to MMS by February 18, 1993.
$ 254.5 Offshore facilities in State waters.
Operators of offshore facilities in State waters shall be in compliance with paragraphs (a), (b) or (c) of this section.
(a) Amend an OSCP approved by MMS to include facilities in State waters of the same geographic area;
PART 256-OUTER CONTINENTAL
SHELF MINERALS AND RIGHTS-OFWAY MANAGEMENT, GENERAL
Subpart A-Outer Continental Shelf Minerals
and Rights-of-Way Management, General Sec. 256.0 Authority for information collection. 256.1 Purpose. 256.2 Policy. 256.4 Authority. 256.5 Definitions. 256.7 Cross references. 256.8 Leasing maps and diagrams. 256.10 Information to States. 256.11 Helium. 256.12 Supplemental sales.
Subpart B-Oil and Gas Leasing Program
of an oil spill, including a current list of names, telephone numbers, and addresses of the responsible persons and alternates who are to receive notification of an oil spill and the names, telephone numbers, and addresses of regulatory organizations and agencies to be notified when an oil spill is discovered.
(6) An inventory of applicable equipment, materials, and supplies which is available locally and regionally.
(7) Well-defined and specific actions to be taken after discovery of an oil spill including the following:
(i) Designation (by name or position) of an oil-spill response operating team comprised of trained personnel available within a specified response time and a description of the training that such personnel will receive;
(ii) Designation (by name or position) of a trained spill-response coordinator who is charged with the responsibility and is delegated commensurate authority for directing and coordinating response operations; and
(iii) A planned location for a spill-response operations center and a reliable communications system for directing the coordinated overall response operations.
(8) Provisions for disposal of recovered oil, oil-contaminated material, and other oily wastes.
(9) Provisions for monitoring and predicting spill movement.
(10) In Alaskan waters only, provisions for ignition of an uncontrollable oil spill and the guidelines to be followed in making the decision to ignite.
256.14 Definitions. 256.16 Receipt and consideration of nomi
nations; public notice and participation. 256.17 Review by State and local govern
ments and other persons. 256.19 Periodic consultation with interest
ed parties. 256.20 Consideration of coastal zone man
Subpart C-Reports From Federal Agencies
Subpart D-Call for Information and
256.23 Information on areas. 256.25 Areas near coastal States.
Subpart E-Area Identification and Tract Size
256.26 General. 256.28 Tract size.
Subpart F-Lease Sales
8 254.6 Compliance with plan.
Responsible parties or their authorized representatives shall conduct operations in accordance with all plans submitted or referenced pursuant to this part.
256.29 Proposed notice of sale. 256.31 State comments. 256.32 Notice of sale.
Subpart G—Issuance of Leases
8 254.7 Determination of adequacy.
If the Regional Supervisor determines at any time that a response plan submitted to MMS or a State is inadequate, the Regional Supervisor will specify deficiencies in the plan, and the responsible party shall take the actions necessary to modify the plan.
256.35 Qualifications of lessees. 256.37 Lease term. 256.38 Joint bidding provisions. 256.40 Definitions. 256.41 Joint bidding requirements. 256.43 Chargeability for production. 256.44 Bids disqualified. 256.46 Submission of bids. 256.47 Award of leases. 256.49 Lease form. 256.50 Dating of leases.