[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Notices]
[Pages 56313-56315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24654]



[[Page 56313]]

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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 an information collection 
(1010-0154).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS 
is notifying the public that it has submitted to OMB an information 
collection request (ICR) to renew approval of the paperwork 
requirements under the Endangered Species Act Biological Opinions, 
issued by the Fish and Wildlife Service (FWS) and National Oceanic and 
Atmospheric Administration Fisheries (NOAA Fisheries) and is titled: 
``Notices to Lessees and Operators Numbers 2003-G08, 2003-G10, and 
2003-G11.'' This notice also provides the public a second opportunity 
to comment on the paperwork burden of these regulatory requirements.

DATES: Submit written comments by October 30, 2003.

ADDRESSES: You may submit comments either by fax (202) 395-6566 or e-
mail ([email protected]) directly to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department 
of the Interior (1010-0154). 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.

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

SUPPLEMENTARY INFORMATION:
    Title: Notices to Lessees and Operators Numbers 2003-G08, 2003-G10, 
and 2003-G11.
    OMB Control Number: 1010-0154.
    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 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 Department of the Interior, MMS, as a Federal agency, has a 
continuing affirmative duty to comply with the Endangered Species Act 
(ESA). This includes a substantive duty to carry out any agency action 
in a manner that is not likely to jeopardize protected species as well 
as a procedural duty to consult with the FWS and NOAA Fisheries before 
engaging in a discretionary action that may affect a protected species.
    The MMS follows these procedural requirements by conducting formal 
consultations with FWS and NOAA Fisheries prior to lease sales. 
Consultations on OCS lease sales 181, 184, and the 5-year multisale 
(2002-2007) program in the Central and Western Planning Areas of the 
Gulf of Mexico (GOM) resulted in no-jeopardy biological opinions from 
the FWS and NOAA Fisheries. In their biological opinions, NOAA 
Fisheries determined that some activities associated with the proposed 
action (lease sale and related exploration, development, and production 
activities) may adversely affect (harm) sperm whales and sea turtles in 
the action area and that certain reasonable and prudent measures are 
necessary to minimize the potential for incidental take of these 
animals. To be exempt from the prohibitions of Section 9 of the ESA 
(which prohibits taking listed species), MMS must implement and enforce 
nondiscretionary terms and conditions. The ESA also requires monitoring 
and reporting. Monitoring programs resulting from ESA interagency 
consultations are designed to (1) detect adverse effects resulting from 
a proposed action, (2) assess the actual level of incidental take in 
comparison with the level of anticipated incidental take documented in 
the biological opinion, (3) detect when the level of anticipated take 
is exceeded, and (4) determine the effectiveness of reasonable and 
prudent alternatives and their implementing terms and conditions.
    To provide supplementary guidance and procedures, MMS issues 
Notices to Lessees and Operators (NTLs) on a regional or national 
basis. Regulation 30 CFR 250.103 allows MMS to issue NTLs to clarify, 
supplement, or provide more detail about certain requirements. To 
implement the nondiscretionary terms and conditions of these biological 
opinions, the MMS issued three NTLs, as follows (note that these NTLs 
have been renumbered and reissued):
    [sbull] NTL 2003-G08--Implementation of Seismic Survey Mitigation 
Measures and Protected Species Observer Program
    [sbull] NTL 2003-G10--Vessel Strike Avoidance and Injured/Dead 
Protected Species Reporting
    [sbull] NTL 2003-G11--Marine Trash and Debris Awareness and 
Elimination
    The MMS will use the information collected to report annually to 
NOAA Fisheries the effectiveness of mitigation, any adverse effects of 
the proposed action, and any incidental take, in accordance with 50 CFR 
402.14(i)(3). MMS engineers, geologists, geophysicists, environmental 
scientists, and other Federal agencies (FWS, NOAA Fisheries, etc.) also 
will analyze the information and data collected under these NTLs to 
better evaluate the potential impacts to listed species and to plan 
operations in a manner that will further reduce and/or avoid adverse 
impacts to protected species in the OCS.
    On March 26, 2003, the OMB approved MMS's request under emergency 
processing procedures to collect the information required by these NTLs 
and assigned OMB Control Number 1010-0154. Since the ``emergency'' 
processing of this information collection, MMS has worked with 
representatives from NOAA Fisheries, American Petroleum Institute, and 
the Offshore Operators Committee to fully develop these programs and 
has revised and renumbered the NTLs as follows:
    [sbull] NTL 2003-G08, ``Implementation of Seismic Survey Mitigation 
Measures and Protected Species Observer Program'' (previously NTL 2002-
G07 with Addendum 1), has been revised to include the entire Protected 
Species Observer Program section, adding criteria for visual observers, 
observer training, and methods of observing and reporting observations. 
It also provides for an experimental (voluntary) passive acoustic 
monitoring program.
    [sbull] NTL 2003-G10, ``Vessel Strike Avoidance and Injured/Dead 
Protected Species Reporting'' (previously NTL 2003-G07), has been 
revised to list specific guidelines operators should follow to avoid 
death or injury to marine mammals and sea turtles in lieu of a formal 
observer program.
    [sbull] NTL 2003-G11, ``Marine Trash and Debris Awareness and 
Elimination'' (previously NTL 2003-G06), has been

[[Page 56314]]

revised to allow options for training; require an annual training 
certification letter to MMS in lieu of individual certifications; and 
allow flexibility in posting placards.
    The full development of these programs, and their subsequent 
requirements, has significantly increased the burden hours of the 
already approved information collection. Therefore, with this 
submission, MMS is requesting a renewal of the approved collection and 
the noted revisions.
    Frequency: On occasion, annually, and on the 1st and 15th of each 
month for the marine mammal observation reports.
    Estimated Number and Description of Respondents: Approximately 130 
Federal OCS lessees and operators.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 22,305 hours. The following chart details the individual 
components and estimated hour burdens. In calculating the burdens, MMS 
assumed that respondents perform certain requirements in the normal 
course of their activities. MMS considers these to be usual and 
customary and took that into account in estimating the burden.

----------------------------------------------------------------------------------------------------------------
                                  Reporting, posting, or
        NTL no. and name              recordkeeping          Hour  burden        Average  no.     Annual  burden
                                       requirement                             annual  responses       hours
----------------------------------------------------------------------------------------------------------------
2003-G08 Implementation of       Submit protected         1 hour/report.....  200 sightings                  200
 Seismic Survey Mitigation        species observation                          reports.
 Measures and Protected Species   reports/forms
 Observer.                        (including observer,
                                  survey, sighting, shut-
                                  down, borehole, and
                                  passive acoustic
                                  monitoring reports).
                                --------------------------
                                 Actual visual            8 hours/day x 3     8 vessels x 110             21,120
                                  observation on duty.     observers/vessel    (30% in seismic
                                                           = 24.               mode x 365 days)
                                                                               = 880.
                                --------------------------
                                 Submit to MMS observer   \1/2\ hour........  24 reports x 8                  96
                                  training requirement                         vessels = 192.
                                  materials and
                                  information.
                                 Observer training......  8 hours...........  8 vessels x 9                  576
                                                                               observers (in
                                                                               vessel pool) = 72.
                                 Training certification   \1/2\ hour........  100...............              50
                                  and recordkeeping.
                                 Submit to MMS            1 hour............  3.................               3
                                  information on passive
                                  acoustic monitoring
                                  system before its use
                                  (voluntary program).
--------------------------------
2003-G10 Vessel Strike           Submit injured/dead      \1/2\ hour/report.  20 reports........              10
 Avoidance and Injured/Dead       protected species
 Protected Species Reporting.     report.
2003-G11 Marine Trash and        Write to obtain          \1/2\ hour/record.  100 requests......              50
 Debris Awareness and             training video
 Elimination.                     (optional).
--------------------------------
                                 Submit annual report to  \1/2\ hour/record.  200 records.......             100
                                  MMS on training
                                  process and
                                  certification.
                                --------------------------
                                 Training recordkeeping.  \1/2\ hour/record.  200 records.......             100
                                --------------------------
                                       Post placards on vessels and structures. (Exempt from                   0
                                   information collection burden because MMS is providing exact
                                     language for the trash and debris warning, similar to the
                                             ``Surgeon General's Warning'' exemption.)
--------------------------------
    Total Burden............................................................  1,967 reports.....    22,305 hours
----------------------------------------------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: MMS 
has identified no ``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 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 use of automated 
collection techniques or other information technology.
    To comply with the public consultation process, on May 14, 2003, 
MMS published a Federal Register notice (68 FR 25904) announcing that 
MMS would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In a letter dated July 10, 2003, the 
Offshore Operators Committee (OOC), an organization of some 115 
companies that essentially conduct all of the OCS oil and gas 
exploration activities in the Gulf of Mexico, submitted comments on 
this collection. The following discusses the comments and MMS's 
responses.

[[Page 56315]]

    Comment 1: OOC states that the reporting and compliance 
requirements used in the Federal Register notice are underestimated. 
OOC notes that no hour burden has been calculated for conducting the 
required observations; training the observers; and then reviewing, 
approving, and filing the reports with the MMS. MMS Response: Because 
the protected species observer program is now fully developed and 
constitutes a new requirement from the biological opinions from NOAA 
Fisheries, all observation time is now calculated into the burden. Time 
spent training observers to do the required tasks is also included, as 
well as time for industry review and approval of required reports. As a 
result of discussions, these three NTLs have been revised, and the 
total information collection burden has been adjusted to 22,305 hours.
    Comment 2: OOC is especially concerned about original NTL 2003-G06, 
Marine Trash and Debris Awareness and Elimination (now revised to be 
NTL 2003-G11) and states that the recordkeeping requirements of this 
NTL are overly burdensome and unnecessary, that the hourly burden is 
underestimated, and that existing regulations and programs adequately 
address elimination of marine debris, placarding of facilities, and 
training of personnel. OOC states that NOAA Fisheries wants feedback 
from MMS on the effectiveness of existing programs rather than creation 
of new programs. MMS Response: MMS received biological opinions from 
NOAA Fisheries on Western Gulf of Mexico (GOM) Lease Sale 184, as well 
as on the multi-lease sale proposal for the Central and Western GOM. 
These opinions contain ``nondiscretionary terms and conditions'' 
requiring MMS to implement additional programs to eliminate marine 
trash and debris. Implementation of such programs is required in order 
for MMS to proceed with its proposed Federal action of holding lease 
sales. However, in the future, MMS will facilitate earlier dialogue 
with affected parties on such issues as addressed in these biological 
opinions; we will open discussion on ways to satisfy NOAA Fisheries 
requirements while working with affected industry.
    After extensive meetings and discussions with OOC, industry, and 
NOAA Fisheries representatives, MMS had revised the original NTL. The 
revised NTL in this submission significantly reduces the burdens by 
allowing lessees and operators to use a slide show in conjunction with 
annual training and to certify compliance with these requirements by 
submitting an annual report to MMS that describes their training 
process and that they have followed this process for the previous 
calendar year.
    Comment 3: OOC states that the time and cost of meeting the 
training and recordkeeping requirements are substantial. In addition, 
OOC states that there are ``non-hour cost'' burdens associated with 
these requirements. MMS Response: OOC refers to additional time 
incurred in the review, approval, and file keeping aspects of the 
reports. As stated above, MMS has revised the NTLs and has incorporated 
the training and recordkeeping aspects into the burden. MMS has also 
calculated the time for industry to review and approve required 
information. OOC also refers to ``non-hour cost'' burdens to generate, 
maintain, and disclose this information. Comments were not specific 
enough to include as an element of burden in this submission.
    Comment 4: OOC is concerned with the NTL process in general and 
notes that the NTLs have been revised at least twice during the last 7 
months. OOC states that these revisions have caused additional work to 
industry. OOC believes these NTLs exceed the scope of MMS regulations 
and create compliance requirements on industry without an opportunity 
to provide comments on the new requirements. MMS Response: MMS 
recognizes industry concerns about the use of NTLs and their associated 
burdens; however, the requirements in these NTLs are necessary because 
of the biological opinions issued. In the future, MMS will work with 
affected groups early in the process. We understand the burden these 
requirements place on industry. However, MMS has a continuing duty to 
comply with the ESA, including a substantive duty not to carry out any 
agency action that is likely to jeopardize protected species as well as 
a procedural duty to consult with the Services (FWS and NOAA Fisheries) 
before engaging in a discretionary action that may affect a protected 
species. Lessees and operators in the GOM also must comply with the 
ESA.
    Prior to OCS Lease Sales 181, 184 and 185, the MMS followed these 
procedural requirements by conducting a formal consultation with FWS 
and NOAA Fisheries, after which both Services issued biological 
opinions. The biological opinions issued by NOAA Fisheries for Sale 184 
and Sale 185 advised the MMS that the proposed action (lease sale and 
related exploration, development, and production activities) was 
expected to impact (harm) sperm whales and sea turtles in the action 
area as a result of such OCS activities and that certain measures are 
necessary to minimize the potential for incidental take of these 
animals. To be exempt from the prohibitions of Section 9 of the ESA, 
MMS must comply with the nondiscretionary terms and conditions, which 
outline required reporting and monitoring requirements. In order to 
monitor the impact of incidental take, the MMS must report the progress 
of the action and its impact on the species to NOAA.
    These three NTLs were issued in an effort to comply with the 
biological opinions and thus enable MMS and industry to proceed with 
OCS Lease Sale 184 as well as others in a timely manner. MMS has met 
often with representatives of OOC, industry, and NOAA Fisheries to 
address their concerns about these NTLs. Although all concerns were not 
resolved, changes were made to the subject NTLs. The majority of the 
revisions of the NTLs resulted from feedback from industry and MMS's 
effort to allow time and flexibility for lessees and operators to 
comply with NOAA's requirements.
    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 October 30, 2003.
    Public Comment Policy: MMS's practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours. If you wish to withhold your name 
and/or address, you must state this prominently at the beginning of 
your comment. MMS will honor the request to the extent allowable by the 
law. However, anonymous comments will not be considered. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public inspection in their 
entirety.
    MMS Federal Register Liaison Officer: Denise Johnson, (202) 208-
3976.

    Dated: September 8, 2003.
E.P. Danenberger,
Chief, Engineering and Operations Division.
[FR Doc. 03-24654 Filed 9-29-03; 8:45 am]
BILLING CODE 4310-MR-P