[Federal Register Volume 69, Number 17 (Tuesday, January 27, 2004)]
[Notices]
[Pages 3941-3943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1730]


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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 (1010-0006).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS 
is 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 256, Leasing of Sulphur 
or Oil and Gas in the Outer Continental Shelf,'' and related forms. 
This notice also provides the public a second opportunity to comment on 
the paperwork burden of these regulatory requirements.

DATES: Submit written comments by February 26, 2004.

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 (1010-0006). 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 1010-0006 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: Arlene Bajusz, Rules Processing Team 
(703) 787-1600. You may also contact Arlene Bajusz to obtain a copy, at 
no cost, of the regulations and forms that require the subject 
collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR 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 256 to determine if 
applicants are qualified to hold leases in the OCS. Specifically, MMS 
uses the information to:
     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.
     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.
     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.
     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.
     Document that a leasehold or geographical 
subdivision has been surrendered by the record title holder.
     Verify that lessees have adequate bonding 
coverage. Respondents must submit their bonds certification forms:

[[Page 3942]]

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.
    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 
estimated annual ``hour'' burden for this information collection is a 
total of 19,668 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. We consider these to be usual and customary 
and took that into account in estimating the burden.

----------------------------------------------------------------------------------------------------------------
                                     Reporting                         Average  number  annual    Annual  burden
    Citation 30 CFR part 256        requirement       Hour burden             responses                hours
----------------------------------------------------------------------------------------------------------------
Subparts A, C, E, H, L, M......  None.............                  Not applicable                             0
--------------------------------
Subparts G, H, I, J: 256.37,     Request approval        Burden included with other approved                   0
 256.53, 256.68, 256.70,          for various        collections in 30 CFR Part 250 (1010-0049,
 256.71, 256.72, 256.73.          operations or      1010-0114, 1010-0058, 1010-0141, 1010-0142)
                                  submit plans or
                                  applications.
--------------------------------
Subpart B: 256.16, 256.17,       Submit response                 4  1 response..................               4
 256.20.                          to request/call
Subpart D: All sections........   for information,
                                  comments, and
                                  interest in
                                  areas for
                                  mineral leasing,
                                  including
                                  information from
                                  States/local
                                  governments.
--------------------------------
Subpart F: 256.31..............  States or local                 4  10 responses................              40
                                  governments
                                  submit comments/
                                  recommendations
                                  on size, timing
                                  or location of
                                  proposed lease
                                  sale.
--------------------------------
Subpart G: 256.35, 256.46(d),    Establish a                     2  495 responses...............             990
 (e).                             Company File for
                                  qualification;
                                  submit updated
                                  information,
                                  submit
                                  qualifications
                                  for lessee/
                                  bidder, request
                                  exception.
--------------------------------
256.41, 256.43, 256.46(g)......  Submit                          2  200 responses...............             400
                                  qualification of
                                  bidders for
                                  joint bids and
                                  statement or
                                  report of
                                  production/
                                  appeal.
--------------------------------
256.44, 246.46.................  Submit bids and                 5  2,000 bids..................          10,000
                                  required
                                  information.
--------------------------------
256.47(c)......................  File agreement to          3\1/2\  2 agreements................               7
                                  accept joint
                                  lease on tie
                                  bids.
--------------------------------
256.47(e)(1), (e)(3)...........  Request for          Exempt as defined in 5 CFR 1320.3(h)(9).                 0
                                  reconsideration
                                  of bid rejection.
--------------------------------
256.47(f), (i), 256.50.........  Execute lease                   1  852 leases..................             852
                                  (includes
                                  submission of
                                  evidence of
                                  authorized agent
                                  and request for
                                  dating of
                                  leases).
--------------------------------
Subpart I: 256.54..............  OCS Mineral                 \1/4\  228 forms...................              57
                                  Lessee's and
                                  Operator's Bond
                                  (form MMS-2028).
--------------------------------
256.54.........................  OCS Mineral                 \1/4\  162 forms...................             *41
                                  Lessee's and
                                  Operator's
                                  Supplemental
                                  Plugging &
                                  Abandonment Bond
                                  (form MMS-2028A).
--------------------------------
256.52(f(2), (g)(2)............  Submit authority                2  10 submissions..............              20
                                  for Regional
                                  Director to sell
                                  Treasury or
                                  alternate type
                                  of securities.
--------------------------------
256.53(c), (d), (f);             Demonstrate                3\1/2\  165 submissions.............            *578
 256.54(d)(3).                    financial worth/
                                  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               1  3 notices...................               3
                                  lapse in
                                  previous bond/
                                  action filed
                                  alleging lessee,
                                  surety, or
                                  guarantor is
                                  insolvent or
                                  bankrupt.
--------------------------------
256.56.........................  Provide plan/                  12  7 submissions...............              84
                                  instructions to
                                  fund lease-
                                  specific
                                  abandonment
                                  account and
                                  related
                                  information;
                                  request approval
                                  to withdraw
                                  funds.
--------------------------------

[[Page 3943]]

 
256.57.........................  Provide third-                 19  32 submissions..............             608
                                  party guarantee,
                                  indemnity
                                  agreement,
                                  financial
                                  information,
                                  related notices,
                                  and annual
                                  update; notify
                                  MMS if guarantor
                                  becomes
                                  unqualified.
--------------------------------
256.57(d)(3), 256.58...........  Notice of and               \1/2\  305 requests................            *153
                                  request approval
                                  to terminate
                                  period of
                                  liability,
                                  cancel bond, or
                                  other security.
--------------------------------
256.59(c)(2)...................  Provide                        16  5 responses.................              80
                                  information to
                                  demonstrate
                                  lease will be
                                  brought into
                                  compliance.
--------------------------------
Subpart J: 256.62, 256.64,       File application                1  2,725 applications..........           2,725
 256.65, 256.67.                  and required
                                  information for
                                  assignment or
                                  transfer for
                                  approval/comment
                                  on filing fee.
--------------------------------
256.64(a)(7)...................  File required                   1  2,738 filings...............           2,738
                                  instruments
                                  creating or
                                  transfering
                                  working
                                  interests, etc.,
                                  for record
                                  purposes.
--------------------------------
256.64(a)(8)...................  Submit non-         Accepted on behalf of lessees as a service,               0
                                  required              but MMS does not require nor need the
                                  documents, for                      filings.
                                  record purposes,
                                  which
                                  respondents want
                                  MMS to file with
                                  the lease
                                  document.
--------------------------------
Subpart K: 256.76..............  File written                    1  275 relinquishments.........             275
                                  request for
                                  relinquishment.
--------------------------------
256.77(c)......................  Comment on lease                1  1...........................               1
                                  cancellation
                                  (MMS expects 1
                                  in 10 years).
--------------------------------
All Subparts...................  General departure               4  3...........................              12
                                  and alternative
                                  compliance
                                  requests not
                                  specifically
                                  covered
                                  elsewhere in
                                  Part 256.
--------------------------------
    Total Reporting............  .................                10,219 Responses                       19,668
----------------------------------------------------------------------------------------------------------------
*Rounded.

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: The 
estimated ``non-hour cost'' burden for this information collection is a 
total of $577,575 rounded to $578,000. This cost burden is for filing 
fees associated with submitting requests for approval of instruments of 
transfer ($185 per application) or to file nonrequired documents for 
record purposes ($25 per filing) according to Sec. 256.64(a)(8).
    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 September 10, 
2003, MMS published a Federal Register notice (68 FR 53390) announcing 
that we would submit this ICR to OMB for approval. The notice provided 
the required 60-day comment period. In addition, Sec. 256.0 provides 
the OMB control number for the information collection requirements 
imposed by the 30 CFR 256 regulations. 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. MMS has 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 February 26, 2004.
    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 your name and/or 
address to be withheld, 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: December 5, 2003.
E.P. Danenberger,
Chief, Engineering and Operations Division.
[FR Doc. 04-1730 Filed 1-26-04; 8:45 am]
BILLING CODE 4310-MR-P