[Federal Register Volume 67, Number 222 (Monday, November 18, 2002)]
[Notices]
[Pages 69555-69557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29157]


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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 of an information collection (1010-0072).

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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 280, ``Prospecting 
for Minerals other than Oil, Gas, and Sulphur on the Outer Continental 
Shelf,'' 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 December 18, 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 (1010-0072), 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 
1010-0072 in your subject line and mark your message for return 
receipt. Include your name and return address in your message text.

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 that require the subject 
collection of information.

SUPPLEMENTARY INFORMATION: Title: 30 CFR part 280, Prospecting for 
Minerals other than Oil, Gas, and Sulphur on the Outer Continental 
Shelf.
    OMB Control Number: 1010-0072.
    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. Section 1337(k) of the 
OCS Lands Act authorizes the Secretary ``* * * to grant to the 
qualified persons offering the highest cash bonuses on a basis of 
competitive bidding leases of any mineral other than oil, gas, and 
sulphur in any area of the outer Continental Shelf not then under lease 
for such mineral upon such royalty, rental, and other terms and 
conditions as the Secretary may prescribe at the time of offering the 
area for lease.'' An amendment to the OCS Lands Act (Pub. L. 103-426) 
authorizes the Secretary to negotiate agreements (in lieu of the 
previously required competitive bidding process) for the use of OCS 
sand, gravel, and shell resources for certain specified types of public 
uses. The specified uses will support construction of governmental 
projects for beach nourishment, shore protection, and wetlands 
enhancement; or any project authorized by the Federal Government.
    Section 1340 states that ``* * * any person authorized by the 
Secretary may conduct geological and geophysical explorations in the 
[O]uter Continental Shelf, which do not interfere with or endanger 
actual operations under any lease maintained or granted pursuant to 
this Act, and which are not unduly harmful to aquatic life in such 
area.'' The section further requires that permits to conduct such 
activities may only be issued if it is determined that: the applicant 
is qualified; the activities are not polluting, hazardous, or unsafe; 
they do not interfere with other users of the area; and do not disturb 
a site, structure, or object of historical or archaeological 
significance.
    Section 1352 further requires that certain costs be reimbursed to 
the parties submitting required G&G information and data. Under the 
Act, permittees are to be reimbursed for the costs of reproducing any 
G&G data required to be submitted. Permittees are to be reimbursed also 
for the reasonable cost of processing geophysical information required 
to be submitted when processing is in a form or manner required by the 
Director and is not used in the normal conduct of the business of the 
permittee.
    Regulations implementing these responsibilities are under 30 CFR 
part 280. On July 17, 2002, MMS published final regulations (67 FR 
46855) with an effective date of August 16, 2002. Responses are 
mandatory or required to obtain or retain a benefit. No questions of a 
``sensitive'' nature are asked. The MMS protects information considered 
proprietary according to 30 CFR 280.70 and applicable sections of 30 
CFR parts 250 and 252, and the Freedom of Information Act (5 U.S.C. 
552) and its implementing regulations (43 CFR part 2).
    MMS OCS Regions collect information required under part 280 to 
ensure there is no environmental degradation, personal harm or unsafe 
operations and conditions, damage to historical or archaeological 
sites, or interference with other uses; to analyze and evaluate 
preliminary or planned drilling activities; to monitor progress and 
activities in the OCS; to acquire G&G data and information collected 
under a Federal permit offshore; and to determine eligibility for 
reimbursement from the Government for certain costs. Respondents are 
required to submit form MMS-134 to provide the information necessary to 
evaluate their qualifications. The information is necessary for MMS to 
determine if the applicants for permits or filers of notices meet the 
qualifications specified by the Act. The MMS uses the information 
collected to understand the G&G characteristics of hard mineral-bearing 
physiographic regions of the OCS. It aids MMS in obtaining a proper 
balance among the potentials for environmental damage, the discovery of 
hard minerals, and adverse impacts on affected coastal States. 
Information from permittees is necessary to determine the propriety and 
amount of reimbursement.

[[Page 69556]]

    Frequency: On occasion, annual; and as required in the permit.
    Estimated Number and Description of Respondents: Approximately 1 
permittee, 1 notice filer, and 1 adjacent State.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 108 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 burden.

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                                                                                                                                                Annual
                   Citation 30 CFR part 280                           Reporting and           Hour       Average number annual responses        burden
                                                                recordkeeping requirement    burden                                             hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
10; 11(a); 12; 13; Permit Forms..............................  Apply for permit (form MMS-         8  1 permit.............................            8
                                                                134) to conduct
                                                                prospecting or G&G
                                                                scientific research
                                                                activities, including
                                                                prospecting/scientific
                                                                research plan and
                                                                environmental assessment
                                                                or required drilling plan.
11(b); 12(c).................................................  File notice to conduct              8  1 notice.............................            8
                                                                scientific research
                                                                activities related to
                                                                hard minerals, including
                                                                notice to MMS prior to
                                                                beginning and after
                                                                concluding activities.
21(a)........................................................  Report to MMS if                    1  1 report.............................            1
                                                                hydrocarbon/other mineral
                                                                occurrences or
                                                                environmental hazards are
                                                                detected or adverse
                                                                effects occur.
22...........................................................  Request approval to modify          1  1 request............................            1
                                                                operations.
23(b)........................................................  Request reimbursement for           1  1 request............................            1
                                                                expenses for MMS
                                                                inspection.
24...........................................................  Submit status and final             8  4 reports............................           32
                                                                reports quarterly or on
                                                                specified schedule and
                                                                final report.
28...........................................................  Request relinquishment of           1  1 relinquish.........................            1
                                                                permit.
31(b); 73(a), (b)............................................  Governor(s) of adjacent             1  1 submissions........................            1
                                                                State(s) submission to
                                                                MMS: Comments on
                                                                activities involving an
                                                                environmental assessment;
                                                                request for proprietary
                                                                data, information, and
                                                                samples; and disclosure
                                                                agreement.
33, 34.......................................................       Appeal penalty, order, or decision--burden covered under 1010-0121                 0
40; 41; 50; 51; Permit Forms.................................  Notify MMS and submit G&G           4  2 submissions........................            8
                                                                data/information
                                                                collected under a permit
                                                                and/or processed by
                                                                permittees or 3rd
                                                                parties, including
                                                                reports, logs or charts,
                                                                results, analyses,
                                                                descriptions, etc.
42(b); 52(b).................................................     Advise 3rd party recipient of obligations. Part of licensing agreement               0
                                                                                   between parties; no submission to MMS
42(c), 42(d); 52(c), 52(d)...................................  Notify MMS of 3rd party             1  1 notice.............................            1
                                                                transactions.
60; 60(a)....................................................  Request reimbursement for          20  2 requests...........................           40
                                                                costs of reproducing data/
                                                                information & certain
                                                                processing costs.
72(b)........................................................  Submit in not less than 5           1  1 response...........................            1
                                                                days comments on MMS
                                                                intent to disclose data/
                                                                information.
72(d)........................................................  Contractor submits written          1  1 submission.........................            1
                                                                commitment not to sell,
                                                                trade, license, or
                                                                disclose data/information.
Part 280.....................................................  General departure and               2  1 request............................            2
                                                                alternative compliance
                                                                requests not specifically
                                                                covered elsewhere in part
                                                                280 regulations.
Permit Forms.................................................  Request extension of                1  1 extension..........................            1
                                                                permit time period.
Permit Forms.................................................  Retain G&G data/                    1  1 recordkeeper.......................            1
                                                                information for 10 years
                                                                and make available to MMS
                                                                upon request.
                                                                                                     ---------------------------------------------------
    Total Hour Burden........................................  ..........................  .........  21...................................          108
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified no paperwork ``non-hour cost'' burdens associated with 
the collection of information.
    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

[[Page 69557]]

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 August 6, 2002, 
we published a Federal Register notice (67 FR 50895) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  250.80 (formerly 
Sec.  280.0) provides the OMB control number for the information 
collection requirements imposed by the 30 CFR part 280 regulations and 
forms. The 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 December 18, 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 the 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: October 30, 2002.
John V. Mirabella,
Acting Chief, Engineering and Operations Division.
[FR Doc. 02-29157 Filed 11-15-02; 8:45 am]
BILLING CODE 4310-MR-P