[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Notices]
[Pages 69019-69021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28860]


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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 and revision of a currently approved 
information collection (OMB Control Number 1010-0050).

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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 J, 
Pipelines and Pipeline Rights-of-Way and related documents. This notice 
also provides the public a second opportunity to comment on the 
paperwork burden of these regulatory requirements and related form.

DATES: Submit written comments by December 16, 2002.

ADDRESSES: You may submit comments directly to the Office of 
Information and Regulatory Affairs, OMB, Attention: Desk Officer for 
the Department of the Interior (1010-0050), 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 your comments to MMS, the 
address is: [email protected]. Reference Information Collection 
1010-0050 in your subject line. Include your name and return address, 
and mark your message for return receipt.

FOR FURTHER INFORMATION CONTACT: Alexis London, Rules Processing Team, 
telephone (703) 787-1600. You may also contact Alexis London to obtain 
a copy at no cost of the regulations and form MMS-2030 that require the 
subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR part 250, Subpart J, Pipelines and Pipeline Rights-
of-Way.
    Form Number: MMS-2030, Outer Continental Shelf (OCS) Right-of-Way 
Grant Bond.
    OMB Control Number: 1010-0050, incorporating 1010-0134.
    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. 
Section 1334(e) authorizes the Secretary to grant rights-of-way through 
the submerged lands of the OCS for pipelines ``for the transportation 
of oil, natural gas, sulphur, or other minerals, or under such 
regulations and upon such conditions as may be prescribed by the 
Secretary, * * * including (as provided in section 1347(b) of this 
title) assuring maximum environmental protection by utilization of the 
best available and safest technologies, including the safest practices 
for pipeline burial. * * *''
    The Independent Offices Appropriations Act (31 U.S.C. 9701) 
authorizes Federal agencies to recover the full cost of services that 
provide special benefits. Under the Department of the Interior's (DOI) 
policy implementing the IOAA, MMS is required to charge the full cost 
for services that provide special benefits or privileges to an 
identifiable non-Federal recipient above and beyond those which accrue 
to the public at large. Pipeline rights-of-way and assignments are 
subject to cost recovery and MMS regulations specify filing fees for 
applications.
    This notice concerns the reporting and recordkeeping elements of 30 
CFR part 250, subpart J and related forms and NTLs. OMB approved the 
information collection requirements in current subpart J regulations 
under control numbers 1010-0050 and 1010-0134. The first is the primary 
collection for subpart J. The latter was approved in connection with a 
final rule amending Sec.  250.1000(c) to clarify regulatory issues 
involving the 1996 Memorandum of Understanding between DOI and the 
Department of Transportation (DOT). Our submission will consolidate 
these two subpart J collections under 1010-0050. 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).
    The lessees and transmission companies design the pipelines that 
they install, maintain, and operate. To ensure those activities are 
performed in a safe manner, MMS needs information concerning the 
proposed pipeline and safety equipment, inspections and tests,

[[Page 69020]]

and natural and manmade hazards near the proposed pipeline route. MMS 
field offices use the information collected under subpart J to review 
pipeline designs prior to approving an application for a right-of-way 
or a pipeline permitted under a lease to ensure that the pipeline, as 
constructed, will provide for safe transportation of minerals through 
the submerged lands of the OCS. They review proposed routes of a right-
of-way to ensure that the right-of-way, if granted, would not conflict 
with any State requirements or unduly interfere with other OCS 
activities. MMS field offices review plans for taking pipeline safety 
equipment out of service to ensure alternate measures are used that 
will properly provide for the safety of the pipeline and associated 
facilities (platform, etc.). They review notification of relinquishment 
of a right-of-way grant and requests to abandon pipelines to ensure 
that all legal obligations are met and pipelines are properly 
abandoned. MMS inspectors monitor the records on pipeline inspections 
and tests to ensure safety of operations and protection of the 
environment and to schedule their workload to permit witnessing and 
inspecting operations. Information is also necessary to determine the 
point at which DOI or DOT has regulatory responsibility for a pipeline 
and to be informed of the responsible operator if not the same as the 
right-of-way holder.
    Frequency: The frequency of reporting is on occasion or annual.
    Estimated Number and Description of Respondents: Approximately 130 
Federal OCS oil, gas, and sulphur lessees and 115 pipeline right-of way 
holders.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual hour burden for the consolidated 30 CFR part 250, 
subpart J, information collection is a total of 106,086 hours. The 
following chart details the individual components and estimated hour 
burdens. 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 burdens.

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                                                                                                         Annual
Citation 30 CFR part 250, subpart      Reporting and recordkeeping        Hour       Average annual      burden
                J                              requirement               burden        responses         hours
----------------------------------------------------------------------------------------------------------------
1000(b), 1007(a).................  Submit application to install new         140  256 new lease-term      35,840
                                    lease-term pipeline (P/L),                     P/Ls.
                                    including exceptions/departures,
                                    consents and notices, required
                                    reports, and attachments.
1000(b), (d); 1007(a);             Apply for P/L right-of-way (ROW)          140  152 new ROW P/Ls...     21,280
 1009(a)(1), (b)(1); 1010; 1011.    grant and installation of new ROW
                                    P/L, including exceptions/
                                    departures, consents and notices,
                                    required reports, and attachments.
1000(b); 1007(b); 1010;            Submit application to modify lease-        40  615 modifications..     24,600
 1012(b)(2), (c).                   term or ROW P/L or ROW grant,
                                    including exceptions/departures;
                                    notify operators of deviation.
1000(b); 1009(c)(9); 1014........  Apply to relinquish P/L ROW grant,          8  97 P/L ROW                 776
                                    including exceptions/departures..              relinquishments.
1000(c)(2).......................  Identify in writing P/L operator on     \1/4\  4 submissions......          1
                                    ROW if different from ROW grant
                                    holder.
1000(c)(3).......................  Mark specific point on P/L where            0
                                    operating responsibility transfers
                                    to transporting operator or depict
                                    transfer point on a schematic
                                    located on the facility. One-time
                                    requirement after final rule
                                    published; now part of application
                                    or construction process involving
                                    no additional burdens.
1000(c)(4).......................  Petition to MMS for exceptions to           5  1 petition (none             5
                                    general operations transfer point              received to date.).
                                    description.
1000(c)(8).......................  Request MMS recognize valves                1  1 request..........          1
                                    landward of last production
                                    facility but still located on OCS
                                    as point where MMS regulatory
                                    authority begins.
1000(c)(12)......................  Petition to MMS to continue to             40  1 petition (none            40
                                    operate under DOT regs upstream of             received to date.).
                                    last valve on last production
                                    facility.
1000(c)(13)......................  Transporting P/L operator petition         40  1 petition (none            40
                                    to DOT and MMS to continue to                  received to date.).
                                    operate under MMS regs.
1004(c)..........................  Place sign on safety equipment               See footnote 1                 0
                                    identified as ineffective and
                                    removed from service.
1008(a), (c), (d), (e), (f), (h).  Notify MMS; and as requested submit        16  620 notices/             9,920
                                    procedures before performing work;             reports.
                                    and submit post-report on P/L or P/
                                    L safety equipment repair, removal
                                    from service, analysis results, or
                                    potential measurements.
1008(b)..........................  Submit P/L construction report.....        16  290 reports........      4,640
1008(g)..........................  Submit plan of corrective action           16  6 plans/reports....         96
                                    and report of remedial action.
1009(b)..........................  Submit surety bond on form MMS-2030     \1/4\  152 forms..........         38
1009(c)(4).......................  Notify MMS of any archaeological            4  2 discovery notices          8
                                    resource discovery.
1009(c)(5).......................  Inform MMS of P/L ROW holder's name   Exempt under 5 CFR 1320.3(h)          0
                                    and address changes.
1010(a)..........................  Apply to convert lease-term P/L to         20  8 conversions......        160
                                    ROW grant P/L; notify operators of
                                    deviation, including various
                                    exceptions/departures.
1011(d)..........................  Request opportunity to eliminate            1  1 request..........          1
                                    conflict when application has been
                                    rejected.
1013.............................  Apply for assignment of a ROW grant        16  175 assignments....      2,800
1000-1014........................  General departure and alternative           2  175 requests.......        350
                                    compliance requests not
                                    specifically covered elsewhere in
                                    subpart J regulations.
                                                                                 -------------------------------
      Subtotal--Reporting........  ...................................  ........  2,557..............    100,596
                                                                                                      ==========

[[Page 69021]]

 
1000-1008........................  Make available to MMS design,               2  130 lease-term P/L         260
                                    construction, operation,                       operators.
                                    maintenance, testing, and repair
                                    records on lease-term P/Ls \2\.
1005(a)..........................  Inspect P/L routes for indication       (\3\)  170 lease-term or        4,080
                                    of leakage \1\, record results,                ROW P/L operators.
                                    maintain records 2 years \2\.
1009(c)(8).......................  Make available to MMS design,              10  115 P/L ROW holders      1,150
                                    construction, operation,
                                    maintenance, testing, and repair
                                    records on P/L ROW area and
                                    improvements \2\.
                                                                                                      ----------
      Subtotal--Recordkeeping....  ...................................  ........  415................      5,490
                                                                                                      ==========
      Total Hour Burden..........  ...................................  ........  2,972..............    106,086
----------------------------------------------------------------------------------------------------------------
\1\ These activities are usual and customary practices for prudent operators.
\2\ Retaining these records is usual and customary business practice; required burden is minimal to make
  available to MMS.
\3\ 2 per month=24.

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: The 
estimated annual non-hour cost burden for the consolidated 30 CFR part 
250, subpart J, information collection is a total of $370,100. Section 
250.1010(a) specifies that an applicant must pay a non-refundable 
filing fee when applying for a pipeline right-of-way grant to install a 
new pipeline ($2,350) or to convert an existing lease-term pipeline 
into a right-of-way pipeline ($300). Under Sec.  250.1013(b) an 
applicant must pay a non-refundable filing fee ($60) when applying for 
approval of an assignment of a right-of-way grant.
    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 April 1, 2002, 
we published a Federal Register notice (67 FR 15409) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  250.199 provides the 
OMB control numbers for the information collection requirements imposed 
by the 30 CFR part 250 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. 
The required PRA public disclosure and comment statements will be 
displayed on forms MMS-2030.
    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 December 16, 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: September 24, 2002.
Gregory J. Gould,
Acting Chief, Engineering and Operations Division.
[FR Doc. 02-28860 Filed 11-13-02; 8:45 am]
BILLING CODE 4310-MR-P