Waste Prevention, Production Subject to Royalties, and Resource Conservation (43 CFR Parts 3178 and 3179)

Forms and Documents

Document	Type	Status	Availability
Form 3160-5 Sundry Notices and Reports on Wells	Form and Instruction	Removed	Available
Form 3160-5 Sundry Notices and Reports on Wells	Form and Instruction	Removed	Available
Form 3160-5 Sundry Notices and Reports on Wells	Form and Instruction	Modified	Available
Form ONRR 4054 OIL AND GAS OPERATIONS REPORT PART A - WELL PRODUCTION	Form and Instruction	Removed	Available
Form 3160-5 Sundry Notices and Reports on Wells	Form and Instruction	Modified	Available
Form 3160-3 Application for Permit to Drill or Reenter	Form and Instruction	Removed	Available
Form 3160-5 Sundry Notices and Reports on Wells	Form and Instruction	Modified	Available
NPRM 1004-AF33 PUBLISHED.pdf	Supplementary Document	Uploaded 2026-06-24	Available
1004-0211 Venting and Flaring Supporting Statement NPRM xAF33 OMBvs2.docx	Supporting Statement A	Uploaded 2025-08-19	Available
USCODE-2014-title25-chap23.pdf	Supplementary Document	Uploaded 2016-01-28	Available
USCODE-2014-title25-chap12-sec396.pdf	Supplementary Document	Uploaded 2016-01-28	Available
USCODE-2014-title30-chap29.pdf	Supplementary Document	Uploaded 2016-01-28	Available
USCODE-2014-title30-chap7.pdf	Supplementary Document	Uploaded 2016-01-28	Available
USCODE-2011-title30-chap3A-subchapIV.pdf	Supplementary Document	Uploaded 2016-01-28	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
275894	Application for new VFMP number following a BLM-approved change of operator – 43 CFR 3179.61		New
275893	Documentation unmerchantable gas demonstrating poor gas quality and rejection of gas for sales by a midstream company or gas processor to the Authorized Officer upon request – 43 CFR 3179.41(b)(12)		New
275831	Application for an operator-assigned VFMP number – 43 CFR 3179.60 & 61		New
262008	Unavoidable/Avoidable loss determination for drilling with loss of well control – 43 CFR 3179.80		Removed
252502	Measurement requirements for all high-pressure flares – 43 CFR 3179.71		Removed
252501	Annual summary report on the previous year's inspection activities - 43 CFR 3179.102(b)		Removed
252500	Leak detection inspection recordkeeping - 43 CFR 3179.102(a)		Removed
252499	Notification of leak repair delay - 43 CFR 3179.101(b)	Form and Instruction	Removed	Sundry Notices and Reports on Wells
252499	Notification of leak repair delay - 43 CFR 3179.101(b)	Instruction	Removed
252497	Leak detection and repair program - 43 CFR 3179.100	Form and Instruction	Removed	Sundry Notices and Reports on Wells
252497	Leak detection and repair program - 43 CFR 3179.100	Instruction	Removed
252495	Emergencies (Request for an additional 6 days of royalty-free venting, flaring, or combustion for an emergency event) -- 43 CFR § 3179.100 Form 3160-5		Modified
252494	Request for longer test period or increased limit -- 43 CFR 3179.41	Form and Instruction	Modified	Sundry Notices and Reports on Wells
252494	Request for longer test period or increased limit -- 43 CFR 3179.41	Instruction	Modified
252493	Measurement requirements for all high-pressure flares – 43 CFR 3179.71	Form and Instruction	Removed	OIL AND GAS OPERATIONS REPORT PART A - WELL PRODUCTION
252492	Notification prior to flaring of gas when at least 50 percent of natural gas liquids have been removed and captured for market - 43 CFR 3179.41(b)(11)	Form and Instruction	Modified	Sundry Notices and Reports on Wells
252492	Notification prior to flaring of gas when at least 50 percent of natural gas liquids have been removed and captured for market - 43 CFR 3179.41(b)(11)	Instruction	Modified
252490	Application for Permit to Drill Oil Well and Waste Minimization Plan - 43 CFR 3162.3-1	Form and Instruction	Removed	Application for Permit to Drill or Reenter
252490	Application for Permit to Drill Oil Well and Waste Minimization Plan - 43 CFR 3162.3-1	Instruction	Removed
219329	Request for Approval for Royalty-Free Uses On-Lease or Off-Lease (43 CFR 3178.5, 3178.7, and 3178.9	Form and Instruction	Modified	Sundry Notices and Reports on Wells
219329	Request for Approval for Royalty-Free Uses On-Lease or Off-Lease (43 CFR 3178.5, 3178.7, and 3178.9	Instruction	Modified

ICR Details

OMB Control No: 1004-0211	ICR Reference No: 202506-1004-002
Status: Received in OIRA	Previous ICR Reference No: 202309-1004-001
Agency/Subagency: DOI/BLM	Agency Tracking No: NPRM 1004-AF33
Title: Waste Prevention, Production Subject to Royalties, and Resource Conservation (43 CFR Parts 3178 and 3179)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/24/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2027
Responses	8,636	58,351
Time Burden (Hours)	17,672	125,751
Cost Burden (Dollars)	0	24,175,000

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Abstract: The Bureau of Land Management’s (BLM) rule provides the standard by which operators of Federal and Indian (except The Osage Nation) oil and gas leases are able to determine when a loss of production is avoidable with a royalty obligation or unavoidable with no royalty obligation. This proposed rule is a deregulatory action that would revise the regulations to: streamline the current number of sections in the rule, remove air quality litigation concerns; reduce operator burdens of the 2024 waste prevention rule; and promulgate clear definitions for avoidable and unavoidable losses, limitations on unavoidable losses, authorized venting and flaring, emergencies, and flaring measurement requirements. This request is being submitted in association with the proposed venting and flaring proposed rule (RIN 1004-AF33).

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Authorizing Statute(s): US Code: 25 USC 396 Name of Law: Indian Mineral Leasing Act
   US Code: 25 USC 2101-2108 Name of Law: Indian Mineral Development Act
   US Code: 30 USC 351-360 Name of Law: Mineral Leasing Act for Acquired Lands
   US Code: 30 USC 1701-1759 Name of Law: Federal Oil and Gas Royalty Management Act
   US Code: 30 USC 181 et seq Name of Law: Mineral Leasing Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1004-AF33	Proposed rulemaking	91 FR 37906	06/24/2026

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Measurement requirements for all high-pressure flares – 43 CFR 3179.71
Measurement requirements for all high-pressure flares – 43 CFR 3179.71	ONRR 4054	OIL AND GAS OPERATIONS REPORT PART A - WELL PRODUCTION
Annual summary report on the previous year's inspection activities - 43 CFR 3179.102(b)
Application for Permit to Drill Oil Well and Waste Minimization Plan - 43 CFR 3162.3-1	3160-3	Application for Permit to Drill or Reenter
Application for an operator-assigned VFMP number – 43 CFR 3179.60 & 61
Application for new VFMP number following a BLM-approved change of operator – 43 CFR 3179.61
Documentation unmerchantable gas demonstrating poor gas quality and rejection of gas for sales by a midstream company or gas processor to the Authorized Officer upon request – 43 CFR 3179.41(b)(12)
Emergencies (Request for an additional 6 days of royalty-free venting, flaring, or combustion for an emergency event) -- 43 CFR § 3179.100 Form 3160-5
Leak detection and repair program - 43 CFR 3179.100	3160-5	Sundry Notices and Reports on Wells
Leak detection inspection recordkeeping - 43 CFR 3179.102(a)
Notification of leak repair delay - 43 CFR 3179.101(b)	3160-5	Sundry Notices and Reports on Wells
Notification prior to flaring of gas when at least 50 percent of natural gas liquids have been removed and captured for market - 43 CFR 3179.41(b)(11)	3160-5	Sundry Notices and Reports on Wells
Request for Approval for Royalty-Free Uses On-Lease or Off-Lease (43 CFR 3178.5, 3178.7, and 3178.9	3160-5	Sundry Notices and Reports on Wells
Request for longer test period or increased limit -- 43 CFR 3179.41	3160-5	Sundry Notices and Reports on Wells
Unavoidable/Avoidable loss determination for drilling with loss of well control – 43 CFR 3179.80

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	8,636	58,351	0	-49,221	-494	0
Annual Time Burden (Hours)	17,672	125,751	0	-107,241	-838	0
Annual Cost Burden (Dollars)	0	24,175,000	0	-24,175,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The burden changes would be a result of the proposed rule which adds, removes, and revises information collection requirements with the overall intent to streamline regulatory requirements and unleash domestic energy resources. Additionally, the burden for several ICs is adjusted to more accurately reflect the burden for those activities. Item 15 of the accompanying Supporting Statement document provide a detailed discussion of these changes.

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Annual Cost to Federal Government: $437,426

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/24/2026

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