[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Notices]
[Pages 10744-10746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5047]


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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 (1010-0106).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS 
is 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 253, Oil Spill 
Financial Responsibility for Offshore Facilities.''

[[Page 10745]]


DATES: Submit written comments by May 7, 2004.

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 e-mail address is: 
[email protected]. Reference ``Information Collection 1010-0106'' 
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 253, Oil Spill Financial Responsibility for 
Offshore Facilities.
    OMB Control Number: 1010-0106.
    Abstract: Title I of the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 
2701 et seq.), as amended by the Coast Guard Authorization Act of 1996 
(Pub. L. 104-324), provides at section 1016 that oil spill financial 
responsibility (OSFR) for offshore facilities be established and 
maintained according to methods determined acceptable to the President. 
Section 1016 of OPA supersedes the offshore facility OSFR provisions of 
the Outer Continental Shelf Lands Act Amendments of 1978. These 
authorities and responsibilities are among those delegated to MMS under 
which we issue regulations governing oil and gas and sulphur operations 
in the OCS. This information collection request addresses the 
regulations at 30 CFR Part 253, Oil Spill Financial Responsibility for 
Offshore Facilities, and the associated supplementary notices to 
lessees and operators intended to provide clarification, description, 
or explanation of these regulations.
    The MMS will use the information collected under 30 CFR part 253 to 
verify compliance with section 1016 of OPA. The information is 
necessary to confirm that applicants can pay for cleanup and damages 
from oil-spill discharges from covered offshore facilities (COFs). 
Routinely, the information will be used: (a) To establish eligibility 
of applicants for an OSFR Certification; and (b) as a reference source 
for clean-up and damage claims associated with oil-spill discharges 
from COFs; the names, addresses, and telephone numbers of owners, 
operators, and guarantors; designated U.S. agents for service of 
process; and persons to contact. To collect most of the information, 
MMS developed standard forms. The forms and their purposes are:
    Form MMS-1016, Designated Applicant Information Certification: The 
designated applicant uses this form to provide identifying information 
(company legal name, address, contact name and title, telephone 
numbers) and to summarize the OSFR evidence. This form is required for 
each new OSFR Certification application.
    Form MMS-1017, Designation of Applicant: When there is more than 
one responsible party for a COF, they must select a designated 
applicant. Each responsible party, as defined in the regulations, must 
use this form to notify MMS of the designated applicant. This form is 
also used to designate the U.S. agent for service of process for the 
responsible party(ies) should claims from an oil-spill discharge exceed 
the amount evidenced by the designated applicant; identifies and 
provides pertinent information about the responsible party(ies); and 
lists the covered offshore facilities for which the designated 
applicant is responsible for OSFR certification. The form identifies 
each COF by State or OCS region; lease, permit, right of use and 
easement, or pipeline number; aliquot section; area name; and block 
number. This form must be submitted with each new OSFRC application in 
which there is at least one responsible party who is not the designated 
applicant for a COF.
    Form MMS-1018, Self-insurance or Indemnity Information: This form 
is used if the designated applicant is self-insuring or using an 
indemnity as OSFR evidence. As appropriate, either the designated 
applicant or the designated applicant's indemnitor completes the form 
to indicate the amount of OSFR coverage and effective and expiration 
dates. The form also provides pertinent information about the self-
insurer or indemnitor and is used to designate a U.S. agent for service 
of process for claims up to the evidenced amount. This form must be 
submitted each time new evidence of OSFR is submitted using either 
self-insurance or an indemnity.
    Form MMS-1019, Insurance Certificate: The designated applicant 
(representing himself as a direct purchaser of insurance) or his 
insurance agent or broker and the named insurers complete this form to 
provide OSFR evidence using insurance. The number of forms to be 
submitted will depend upon the amount of OSFR required and the number 
of layers of insurance to evidence the total amount of OSFR required. 
One form is required for each layer of insurance. The form provides 
pertinent information about the insurer(s) and designates a U.S. agent 
for service of process. This form must be submitted at the beginning of 
the term of the insurance coverage for the designated applicant's COFs.
    Form MMS-1020, Surety Bond: Each bonding company that issues a 
surety bond for the designated applicant must complete this form 
indicating the amount of surety and effective dates. The form provides 
pertinent information about the bonding company and designates a U.S. 
agent for service of process for the amount evidenced by the surety 
bond. This form must be submitted at the beginning of the term of the 
surety bond for the named designated applicant.
    Form MMS-1021, Covered Offshore Facilities: The designated 
applicant submits this form to identify the COFs to which the OSFR 
evidence applies. The form identifies each COF by State or OCS region; 
lease, permit, right of use and easement, or pipeline number; aliquot 
section; area name; block number; and potential worst case oil-spill 
discharge. This form is required to be submitted with each new OSFR 
Certification application which includes COFs.
    Form MMS-1022, Covered Offshore Facility Changes: During the term 
of the issued OSFR Certification, the designated applicant submits 
changes to the current COF listings on this form, including changes to 
the worst case oil-spill discharge for a COF. This form must be 
submitted when identified changes occur during the term of an OSFR 
Certification.
    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 250.196, ``Data and information to be made available to the 
public.'' No items of a sensitive nature are collected. Responses are 
mandatory.
    Frequency: The frequency of submission will vary, but most will 
respond at least once per year.
    Estimated Number and Description of Respondents: Some respondents 
are approximately 600 holders of leases, permits, and rights of use and 
easement in the OCS and in State coastal waters who will appoint 
approximately 200 designated applicants. Other respondents will be the 
designated applicants' insurance agents and brokers, bonding companies, 
and indemnitors. There are no recordkeeping requirements associated 
with this collection.

[[Page 10746]]

    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: The 
currently approved ``hour'' burden for this information collection is a 
total of 19,504 hours. The following chart details the individual 
components of this burden and estimated burden per response or record. 
In calculating the burden, 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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                                                                                                   Hour  burden
             Citation 30 CFR 253                             Reporting requirement                 per  response
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Subpart B: 11(a)(1); Subpart D: 40; 41......  Form MMS-1016--Designated Applicant Information                  1
                                               Certification.
Subpart B: 11(a)(1); Subpart D: 40; 41......  Form MMS-1017--Designation of Applicant...........               9
Subpart C: 21; 22; 23; 24; 26; 27; 30;        Form MMS-1018--Self-Insurance or Indemnity                       1
 Subpart D: 40; 41.                            Information.
Subpart C: 29; Subpart D: 40; 41............  Form MMS-1019--Insurance Certificate..............             120
Subpart C: 31; Subpart D: 40; 41............  Form MMS-1020 Surety Bond.........................              24
Subpart D: 40; 41...........................  Form MMS-1021--Covered Offshore Facilities........               3
Subpart D: 40; 41; 42.......................  Form MMS-1022--Covered Offshore Facility Changes..               1
Subpart B: 12...............................  Request for determination of OSFR applicability...               2
Subpart B: 15...............................  Notice of change in ability to comply.............               1
Subpart B: 15(f)............................  Provide claimant written explanation of denial....               1
Subpart C: 32...............................  Proposal for alternative method to evidence OSFR               120
                                               (anticipate no proposals, but the regs provide
                                               the opportunity).
Subpart F...................................   Claims: MMS will not be involved in the claims
                                               process. Assessment of the burden for claims
                                               against the Oil Spill Liability Trust Fund (30
                                               CFR parts 135, 136, 137) should be responsibility
                                               of the U.S. Coast Guard.
Subpart F: 60...............................  Claimant request to determine whether a guarantor                2
                                               may be liable for a claim.
1-62........................................  General departure and alternative compliance                     1
                                               requests not specifically covered elsewhere in 30
                                               CFR 253.
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    Estimated Annual Reporting and Recordkeeping ``Non-Hour Cost'' 
Burden: We have identified no cost burdens for this collection.
    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.
    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 this request to the extent 
allowable by 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: March 1, 2004.
 E.P. Danenberger,
Chief, Engineering and Operations Division.
[FR Doc. 04-5047 Filed 3-5-04; 8:45 am]
BILLING CODE 4310-MR-U