[Federal Register Volume 68, Number 175 (Wednesday, September 10, 2003)]
[Notices]
[Pages 53390-53392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22974]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of extension of an information collection (1010-0006).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we 
are inviting comments on a collection of information that we will 
submit to the Office of Management and Budget (OMB) for review and 
approval. The information collection request (ICR) concerns the 
paperwork requirements in the regulations under 30 CFR part 256, 
``Leasing of Sulphur or Oil and Gas in the Outer Continental Shelf.''

DATES: Submit written comments by November 10, 2003.

ADDRESSES: Mail or hand carry 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, the address is: [email protected]. 
Reference ``Information Collection 1010-0006'' in your e-mail subject 
line and mark your message for return receipt. Include your name and 
return address in your message.

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

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 256, Leasing of Sulphur or Oil and Gas in the 
Outer Continental Shelf.
    OMB Control Number: 1010-0006.
    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 that 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. The Energy Policy 
and Conservation Act of 1975 (EPCA) prohibits certain lease bidding 
arrangements (42 U.S.C. 6213 (c)).
    The Independent Offices Appropriations Act of 1952 (IOAA), 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 that accrue to the public at large. Instruments of transfer of a 
lease or interest are subject to cost recovery, and MMS regulations 
specify filing fees for these transfer applications.
    The MMS uses the information required by 30 CFR part 256 to 
determine if applicants are qualified to hold leases in the OCS. 
Specifically, MMS uses the information to:
    [sbull] Verify the qualifications of a bidder on an OCS lease sale. 
Once the required information is filed with MMS, a qualification number 
is assigned to the bidder so that duplicate information is not required 
on subsequent filings.
    [sbull] Develop the semiannual List of Restricted Joint Bidders. 
This identifies parties ineligible to bid jointly with each other on 
OCS lease sales, under limitations established by the EPCA.
    [sbull] Ensure the qualification of assignees. Once a lease is 
awarded, the transfer of a lessee's interest to another qualified party 
must be approved by an MMS regional director.
    [sbull] Obtain information and nominations on oil and gas leasing, 
exploration, and development and production. Early planning and 
consultation ensure that all interests and concerns are communicated to 
us for future decisions in the leasing process.
    [sbull] Document that a leasehold or geographical subdivision has 
been surrendered by the record title holder.
    [sbull] Verify that lessees have adequate bonding coverage. 
Respondents must submit their bonds certification forms: ``Form MMS-
2028, Outer Continental Shelf Mineral Lessee's and Operator's Bond,'' 
and Form MMS-2028A, ``Outer Continental Shelf Mineral Lessee's and 
Operator's Supplemental Plugging & Abandonment Bond.'' The MMS uses 
these documents to hold the surety libel for the obligations and 
liability of the principal/lessee or operator.
    We will protect information from respondents considered proprietary 
under the Freedom of Information Act (5 U.S.C. 552) and its 
implementing regulations (43 CFR part 2) and under regulations at 30 
CFR parts 250, 251, and 252. No items of a sensitive nature are 
collected. Responses are mandatory or required to obtain or retain a 
benefit.
    Frequency: The frequency of reporting is annual and on occasion.
    Estimated Number and Description of Respondents: Approximately 130 
Federal OCS oil and gas or sulphur lessees, as well as the affected 
States and local governments.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
currently approved annual reporting burden for this collection is 
16,329 hours. The following chart details the individual components and 
respective hour burden estimates of this ICR. 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.

[[Page 53391]]



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                                                                  Hour
   Citation 30 CFR part 256         Reporting requirement        burden
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Subparts A, C, E, H, L, M       None..........................         0
Subparts G, H, I, J:           Request approval for various            0
256.37, 256.53, 256.68,         operations or submit plans or
 256.70, 256.71, 256.72,        applications. [Burden included
 256.73                         with other approved
                                collections in 30 CFR 250.].
Subpart B:                     Submit response to request/call         4
256.16, 256.17, 250.20          for information, comments, and
                                interest in areas for mineral
                                leasing, including information
                                from States/local governments.
Subpart D:
All sections
Subpart F: 256.31              States or local governments             4
                                submit comments/
                                recommendations on size,
                                timing or location of proposed
                                lease sale.
Subpart G:                     Establish a Company File for            2
256.35, 256.46(d), (e)          pre-qualification purposes;
                                submit updated information.
256.41, 256.43, 256.46(g)....  Submit qualification of bidders    4\1/2\
                                for joint bids and statement
                                or report of production.
256.44, 256.46...............  Submit bids and required                5
                                information.
256.47(c)....................  File agreement to accept joint     3\1/2\
                                lease on tie bids.
256.47(e)(1), (e)(3).........  Request for reconsideration of          0
                                bid rejection. [Exempt as
                                defined in 5 CFR 1320(h)(9).].
256.47(f), (i), 256.50.......  Execute lease (includes                 1
                                submission of evidence of
                                authorized agent and request
                                for dating of leases).
Subpart I: 256.54              OCS Mineral Lessee's and            \1/4\
                                Operator's Bond (form MMS-
                                2028).
256.54.......................  OCS Mineral Lessee's and            \1/4\
                                Operator's Supplemental
                                Plugging & Abandonment Bond
                                (form MMS-2028A).
256.52(f)(2), (g)(2).........  Submit authority for Regional           2
                                Director to sell Treasury or
                                alternate type of securities.
256.53(c), (d), (f);.........  Demonstrate financial worth/       2\1/2\
256.54(d)(3).................   ability to carry out present
                                and future financial
                                obligations, request approval
                                of another form of security,
                                or request reduction in amount
                                of supplemental bond required.
256.55.......................  Notify MMS of any lapse in          \1/2\
                                previous bond/action filed
                                alleging lessee, surety, or
                                guarantor is insolvent or
                                bankrupt.
256.56.......................  Provide plan/instructions to           11
                                fund lease-specific
                                abandonment account and
                                related information; request
                                approval to withdraw funds.
256.57.......................  Provide third-party guarantee,    16\1/2\
                                indemnity agreement, related
                                notices, and annual update;
                                notify MMS if guarantor
                                becomes unqualified.
256.57(d)(3), 256.58.........  Notice of and request approval      \1/2\
                                to terminate period of
                                liability, cancel bond, or
                                other security.
256.59(c)(2).................  Provide information to                 14
                                demonstrate lease will be
                                brought into compliance.
Subpart J:                     File application for assignment         1
256.62, 256.64, 256.65, 56.67   or transfer for approval.
256.64(a)(7).................  File required instruments           \1/2\
                                creating or transferring
                                working interests, etc., for
                                record purposes.
256.64(a)(8).................  Submit non-required documents,          0
                                for record purposes, which
                                respondents want MMS to file
                                with the lease document.
                                [Accepted on behalf of lessees
                                as a service, but MMS does not
                                require nor need the filings.].
Subpart K: 256.76              File written request for                1
                                relinquishment.
    All Subparts.............  General departure and                   1
                                alternative compliance
                                requests not specifically
                                covered elsewhere in Part 256.
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    Estimated Annual Reporting and Recordkeeping ``Non-Hour Cost'' 
Burden: The currently approved ``non-hour cost'' burden for this 
information collection is a total of $414,000. This cost burden is for 
filing fees associated with submitting requests for approval of 
instruments of transfer ($185 per application) or to file non-required 
documents for record purposes ($25 per filing).
    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: Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A) 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.
    Agencies must also estimate the ``non-hour cost'' burdens to 
respondents or recordkeepers resulting from the collection of 
information. Therefore, if you have costs to generate, maintain, and 
disclose this information, you should comment and provide your total 
capital and startup cost components or annual operation, maintenance, 
and purchase of service components. You should describe the methods you 
use to estimate major cost factors, including system and technology 
acquisition, expected useful life of capital equipment, discount 
rate(s), and the period over which you incur costs. Capital and startup 
costs include, among other items, computers and software you purchase 
to prepare for collecting information, monitoring, and record storage 
facilities. You should not include estimates for equipment or services 
purchased: (i) Before October 1, 1995; (ii) to comply with requirements 
not associated with the information collection; (iii) for reasons other 
than to provide information or keep records for the Government; or (iv) 
as part of customary and usual business or private practices.
    We will summarize written responses to this notice and address them 
in our submission for OMB approval. As a result of your comments, we 
will make any necessary adjustments to the burden in our submission to 
OMB.

[[Page 53392]]

    Public Comment Policy: Our practice is to make comments, including 
names and home addresses of respondents, available for public review 
during regular business hours. If you wish us to withhold your name 
and/or address, you must state this prominently at the beginning of 
your comment. MMS will honor this request to the extent allowable by 
law; 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 Federal Register Liaison Officer: Denise Johnson, (202) 208-
3976.

    Dated: August 9, 2003.
E.P. Danenberger,
Chief, Engineering and Operations Division.
[FR Doc. 03-22974 Filed 9-9-03; 8:45 am]
BILLING CODE 4310-MR-U