[Federal Register Volume 69, Number 181 (Monday, September 20, 2004)]
[Notices]
[Pages 56244-56246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21070]



[[Page 56244]]

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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 (1010-0106).

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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 253, ``Oil Spill 
Financial Responsibility for Offshore Facilities.'' This notice also 
provides the public a second opportunity to comment on the paperwork 
burden on these regulatory requirements.

DATES: Submit written comments by October 20, 2004.

ADDRESSES: You may submit comments either by fax (202) 395-6566 or 
email ([email protected]) directly to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department 
of the Interior (1010-0106). 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 email your comments to 
MMS, the address is: [email protected]. Reference Information 
Collection 1010-0106 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: Cheryl Blundon, Rules Processing Team, 
(703) 787-1600. You may also contact Cheryl Blundon to obtain a copy, 
at no cost, of the regulations and the forms 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 
(P.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. The information collection discussed in this notice that we 
are submitting to OMB addresses the regulations at 30 CFR Part 253, Oil 
Spill Financial Responsibility for Offshore Facilities, forms MMS-1016 
through MMS-1022, and any associated supplementary notices to lessees 
and operators intended to provide clarification, description, or 
explanation of these regulations.
    The MMS uses 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 
or at the time COFs are added, with the scheduled option selected, to 
OSFR coverage.
    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-

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spill discharge. This form is required to be submitted with each new 
OSFR Certification application that 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.
    Responses are mandatory. No questions of a ``sensitive'' nature are 
asked. Respondents are not required to submit confidential or 
proprietary information. All public requests for information about an 
applicant's OSFR Certification will be processed according to the 
Freedom of Information Act (5 U.S.C. 552) procedures.
    Frequency: The frequency of submission will vary, but most will 
respond at least once per year.
    Estimated Number and Description of Respondents: We estimate there 
are approximately 600 respondents. Some will be 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.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: The 
following chart details the components of the hour burden for the 
information collection requirements in Part 253--an estimated annual 
total of 19,299 burden hours. In estimating 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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                                                                                  Average number
      Citation 30 CFR 253             Reporting requirement         Hour burden       annual       Annual burden
                                                                                     responses         hours
----------------------------------------------------------------------------------------------------------------
Various sections..............  The burdens for all general references to submitting evidence of               0
                                             OSFR are covered under the forms below.
Subpart B: 11(a)(1), Subpart    Form MMS-1016--Designated                      1             200             200
 D: 40; 41.                      Applicant Information
                                 Certification.
Subpart B: 11(a)(1), Subpart    Form MMS-1017--Designation of                  9             600           5,400
 D: 40; 41.                      Applicant.
Subpart C: 21; 22; 23; 24; 26;  Form MMS-1018--Self-Insurance or               1             100             100
 27; 30, Subpart D: 40; 41; 43.  Indemnity Information.
Subpart C: 29, Subpart D: 40;   Form MMS-1019--Insurance                     120             100          12,000
 41; 43.                         Certificate.
Subpart C: 31, Subpart D: 40;   Form MMS-1020--Surety Bond......              24               2              48
 41; 43.
Subpart D: 40; 41.............  Form MMS-1021--Covered Offshore                3             300             900
                                 Facilities.
Subpart D: 40; 41; 42.........  Form MMS-1022--Covered Offshore                1             500             500
                                 Facility Changes.
Subpart B: 12.................  Request for determination of                   2               5              10
                                 OSFR applicability.
Subpart B: 15.................  Notify MMS of change in ability                1               1               1
                                 to comply.
Subpart B: 15(f)..............  Provide claimant written                       1              15              15
                                 explanation of denial.
Subpart C: 32.................  Proposal for alternative method              120               1             120
                                 to evidence OSFR (anticipate no
                                 proposals, but the regs provide
                                 the opportunity).
Subpart F.....................       Claims: MMS will not be involved in the claims process.                   0
                                 Assessment of burden for claims against the Oil Spill Liability
                                      Trust Fund (30 CFR parts 135, 136, 137) should be the
                                              responsibility of the U.S. Coast Guard
Subpart F: 60.................  Claimant request to determine                  2               1               2
                                 whether a guarantor may be
                                 liable for a claim.
253.1-62......................  General departure and                          3               1               3
                                 alternative compliance requests
                                 not specifically covered
                                 elsewhere in 30 CFR 253.
                                                                 -----------------
    Total Burden..............  ................................  ..............           1,826          19,299
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    Estimated Annual 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 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 March 8, 2004, 
we published a Federal Register notice (69 FR 10744) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  253.5 provides the 
OMB control number for the information collection requirements imposed 
by the 30 CFR 253 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.

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    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 20, 2004.
    Public Comment Policy: MMS's practice is to make comments, 
including names and 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 Information Collection Clearance Officer: Arlene Bajusz, (202) 
208-7744.

    Dated: June 4, 2004.
E.P. Danenberger,
Chief, Engineering and Operations Division.
[FR Doc. 04-21070 Filed 9-17-04; 8:45 am]
BILLING CODE 4310-MR-P