[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Notices]
[Pages 46210-46212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17542]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Submitted for Office of 
Management and Budget (OMB) Review; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of extension of a currently approved information 
collection (OMB Control Number 1010-0068).

-----------------------------------------------------------------------

SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we 
are notifying the public that we have submitted to OMB an information 
collection request (ICR) to renew approval of the paperwork 
requirements in the regulations under 30 CFR part 250, subpart M, 
Unitization, and related documents. This notice also provides the 
public a second opportunity to comment on the paperwork burden of these 
regulatory requirements.

DATES: Submit written comments by August 12, 2002.

[[Page 46211]]


ADDRESSES: You may submit comments directly to the Office of 
Information and Regulatory Affairs, OMB, Attention: Desk Officer for 
the Department of the Interior (1010-0068), 725 17th Street, NW., 
Washington, DC 20503. Mail or hand-carry a copy of your comments to the 
Department of the Interior; Minerals Management Service; Attention: 
Rules Processing Team; Mail Stop 4024; 381 Elden Street; Herndon, 
Virginia 20170-4817. If you wish to e-mail comments to MMS, the e-mail 
address is: [email protected]. Reference Information Collection 
1010-0068 in your e-mail subject line. Include your name and return 
address in your e-mail message and mark your message for return 
receipt.

FOR FURTHER INFORMATION CONTACT: Alexis London, Rules Processing Team, 
at (703) 787-1600. You may also contact Alexis London to obtain a copy 
at no cost of the regulations and model unitization agreements that 
require the subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR 250, Subpart M, Unitization.
    OMB Control Number: 1010-0068.
    Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended 
(43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes the 
Secretary of the Interior (Secretary) to prescribe rules and 
regulations to administer leasing of the OCS. Such rules and 
regulations will apply to all operations conducted under a lease. 
Operations on the OCS must preserve, protect and develop oil and 
natural gas resources in a manner which is consistent with the need to 
make such resources available to meet the Nation's energy needs as 
rapidly as possible; to balance orderly energy resource development 
with protection of human, marine, and coastal environments; to ensure 
the public a fair and equitable return on the resources of the OCS; and 
to preserve and maintain free enterprise competition. Section 1334(a) 
of the OCS Lands Act specifies that the Secretary prescribe rules and 
regulations ``to provide for the prevention of waste and conservation 
of the natural resources of the (O)uter Continental Shelf, and the 
protection of correlative rights therein'' and include provisions ``for 
unitization, pooling, and drilling agreements.'' To carry out these 
responsibilities, the Secretary has authorized MMS to issue orders and 
regulations governing offshore oil and gas lease operations.
    This notice concerns the paperwork requirements of 30 CFR part 250, 
subpart M, Unitization, and related documents. Responses are mandatory 
or are required to obtain or retain a benefit. No questions of a 
``sensitive'' nature are asked. MMS will protect proprietary 
information according to 30 CFR 250.196 (Data and information to be 
made available to the public), 30 CFR part 252 (OCS Oil and Gas 
Information Program), and the Freedom of Information Act (5 U.S.C. 552) 
and its implementing regulations (43 CFR part 2). MMS OCS Regions use 
the information to determine whether to approve a proposal to enter 
into an agreement to unitize operations under two or more leases or to 
approve modifications when circumstances change. The information is 
necessary to ensure that operations will result in preventing waste, 
conserving natural resources, and protecting correlative rights, 
including the Government's interests. We also use information submitted 
to determine competitiveness of a reservoir or to decide that 
compelling unitization will achieve these results.
    Please note, 30 CFR 250.1303 states that ``MMS will maintain and 
provide a model unit agreement for you to follow.'' Upon a recent 
review of the two current models, it was noted that they specified 
submission of ``four copies'' of operator designations. In accordance 
with the Paperwork Reduction Act, we have determined that only ``two 
copies'' are necessary and have revised the models to reduce the copy 
requirements. Copies of the model unit agreements are posted at the MMS 
Web site: http://www.gomr.mms.gov/homepg/pd/unitization.html.
    Frequency: The frequency of reporting is on occasion.
    Estimated Number and Description of Respondents: Approximately 130 
Federal OCS oil and gas or sulphur lessees.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 5,396 hours. The following chart details the individual 
components and estimated hour burdens. There are no recordkeeping 
requirements under 30 CFR part 250, subpart M. In calculating the 
burdens, we assumed that respondents perform certain requirements in 
the normal course of their activities. We consider these to be usual 
and customary and took that into account in estimating the burden.

                                                Burden Breakdown
----------------------------------------------------------------------------------------------------------------
                                                                                                          Annual
   Citation 30 CFR 250 subpart M    Reporting requirement        Burden per           Average annual      burden
                                                                requirement             responses         hours
----------------------------------------------------------------------------------------------------------------
1301..............................  General description       Burden included in following sections.           0
                                     of requirements.
1301(f)(3), (g)(1)................  Request suspension of           Burden covered in 1010-0114                0
                                     production or
                                     operations.
1302(b)...........................  Request preliminary    36 hours.............  1 request............       36
                                     determination on
                                     competitive
                                     reservoir.
1302(b)...........................  Submit concurrence or  36 hours.............  1 request............       36
                                     objection on
                                     competitiveness with
                                     supporting evidence.
1302(c), (d)......................  Submit joint plan of   36 hours.............  1 plan...............       36
                                     operations or
                                     separate plan if
                                     agreement cannot be
                                     reached.
1303..............................  Apply for voluntary    144 hours............  14 applications/plans    2,016
                                     unitization,
                                     including submitting
                                     unit agreement, unit
                                     operating agreement,
                                     initial plan of
                                     operation, and
                                     supporting data;
                                     request for variance
                                     from model agreement.
1304(b)...........................  Request compulsory     144 hours............  1 request............      144
                                     unitization,
                                     including submitting
                                     unit agreement, unit
                                     operating agreement,
                                     initial plan of
                                     operation, and
                                     supporting data;
                                     serving non-
                                     consenting lessees
                                     with documents.

[[Page 46212]]

 
1303; 1304........................  *Submit revisions or   6 hours..............  285 revisions/           1,710
                                     modifications to                              modifications.
                                     unit agreement, unit
                                     operating agreement,
                                     plan of operation,
                                     change of unit
                                     operator, etc.
1303; 1304........................  *Submit initial, and   48 hours.............  24 submissions.......    1,152
                                     revisions to,
                                     participating area.
1304(d)...........................  Request hearing on     1 hour...............  1 request............        1
                                     required unitization.
1304(e)...........................  Submit statement at    4 hours..............  1 statement..........        4
                                     hearing on
                                     compulsory
                                     unitization.
1304(e)...........................  Submit three copies    1 hour...............  1 submission.........        1
                                     of verbatim
                                     transcript of
                                     hearing.
1304(f)...........................  Appeal final order of            Burden covered 1010-0121                  0
                                     compulsory under
                                     unitization.
1300-1304.........................  General departure and  2 hours..............  130 requests.........      260
                                     alternative
                                     compliance requests
                                     not specifically
                                     covered elsewhere in
                                     subpart M
                                     regulations.
                                   -----------------------------------------------------------------------------
    Total Hour Burden.............  .....................  .....................  460..................   5,396
----------------------------------------------------------------------------------------------------------------
* These requirements are specified in each Unit Agreement.

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: 
Section 250.1304(d) provides an opportunity for parties notified of 
compulsory unitization to request a hearing. Section 250.1304(e) 
requires the party seeking the compulsory unitization to pay for the 
court reporter and three copies of the verbatim transcript of the 
hearing. It should be noted there have been no such hearings in the 
recent past, and none are expected in the near future. We estimate the 
paperwork cost burden would be less than $250.
    Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) 
provides that an agency may not conduct or sponsor a collection of 
information unless it displays a currently valid OMB control number. 
Until OMB approves a collection of information, you are not obligated 
to respond.
    Comments: Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, et 
seq.) requires each agency ``* * * to provide notice * * * and 
otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information * * *'' Agencies 
must specifically solicit comments to: (a) Evaluate whether the 
proposed collection of information is necessary for the agency to 
perform its duties, including whether the information is useful; (b) 
evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (c) enhance the quality, 
usefulness, and clarity of the information to be collected; and (d) 
minimize the burden on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    To comply with the public consultation process, on March 28, 2002, 
we published a Federal Register notice (67 FR 14968) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, 30 CFR 250.199 provides 
the OMB control numbers for the information collection requirements 
imposed by the regulations and forms. That regulation also informs the 
public that they may comment at any time on the collections of 
information and provides the address to which they should send 
comments. We have received no comments in response to these efforts.
    If you wish to comment in response to this notice, you may send 
your comments to the offices listed under the ADDRESSES section of this 
notice. OMB has up to 60 days to approve or disapprove the information 
collection but may respond after 30 days. Therefore, to ensure maximum 
consideration, OMB should receive public comments by August 12, 2002.
    Public Comment Policy: Our practice is to make comments, including 
names and home addresses of respondents, available for public review 
during regular business hours. Individual respondents may request that 
we withhold their home address from the record, which we will honor to 
the extent allowable by law. There may be circumstances in which we 
would withhold from the record a respondent's identity, as allowable by 
the law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.
    MMS Information Collection Clearance Officer: Jo Ann Lauterbach, 
(202) 208-7744.

    Dated: June 7, 2002.
E.P. Danenberger,
Chief, Engineering and Operations Division.
[FR Doc. 02-17542 Filed 7-11-02; 8:45 am]
BILLING CODE 4310-MR-W