[Federal Register Volume 69, Number 181 (Monday, September 20, 2004)]
[Notices]
[Pages 56246-56248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21071]


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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 revision and extension of an information collection 
(1010-0114).

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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 250, Subpart A, General, 
and associated forms and Notices to Lessees and Operators (NTLs). 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 20, 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 (1010-0114). 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 1010-0114 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 250, Subpart A, General.
    OMB Control Number: 1010-0114.
    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 which 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. Section 1332(6) requires that 
``operations in the [O]uter Continental Shelf should be conducted in a 
safe manner by well trained personnel using technology, precautions, 
and other techniques sufficient to prevent or minimize the likelihood 
of blowouts, loss of well control, fires, spillages, physical 
obstructions to other users of the waters or subsoil and seabed, or 
other occurrences which may cause damage to the environment or to 
property or endanger life or health.''
    Federal policy and statutes require us to recover the cost of 
services that confer special benefits to identifiable non-Federal 
recipients. Section 250.165 requires a State lessee to pay a fee when 
applying for a right-of-use and easement on the OCS. The Independent 
Offices Appropriation Act (31 U.S.C. 9701), OMB Circular A-25, and the 
Omnibus Appropriations Bill (Pub. L. 104-133, 110 Stat. 1321, April 26, 
1996) authorize agencies to collect these fees to reimburse us for the 
cost to process applications or assessments. This fee is the same as 
that required for filing pipeline right-of-way applications as 
specified in Sec.  250.1010(a).
    This notice concerns the reporting and recordkeeping elements of 
the 30 CFR 250, Subpart A, General regulations and related forms and 
NTLs that clarify and provide additional guidance on some aspects of 
the regulations. Responses are mandatory. No questions of a 
``sensitive'' nature are asked. MMS will protect proprietary 
information according to 30 CFR 250.196 (Data and information to be 
made available to the public), 30 CFR part 252 (OCS Oil and Gas 
Information Program), and the Freedom of Information Act (5 U.S.C. 552) 
and its implementing regulations (43 CFR 2). MMS OCS Regions use the 
information collected under Subpart A to ensure that operations on the 
OCS are carried out in a safe and pollution-free manner, do not 
interfere with the rights of other users on the OCS, and balance the 
development of OCS resources with the protection of the environment.
    Frequency: The frequency is ``on occasion'' for most of the 
requirements in Subpart A. The Form MMS-132 is submitted daily during 
the period of emergency.
    Estimated Number and Description of Respondents: Approximately 1 
State and 190 Federal OCS oil and gas or sulphur lessees.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 22,288 burden hours. The following chart details the 
individual components and estimated hour burdens. 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 burdens.

[[Page 56247]]



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                                                                                 Average number
Citation 30 CFR 250 Subpart A     Reporting or recordkeeping      Hour burden        annual       Annual  burden
    and related forms/NTLs               requirement                                responses          hours
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104; Form MMS-1832...........  Appeal orders or decisions;       Burden included with 30 CFR 290               0
                                appeal INCs.                               (1010-0221)
109(a); 110..................  Submit welding, burning, and                  2  164 plans.......             328
                                hot tapping plans.
115; 116.....................  Request determination of well                 3  125 responses...             375
                                producibility; submit data and
                                information; notify MMS of
                                test.
118; 119; 121; 124...........  Apply for injection or                       10  10 applications.             100
                                subsurface storage of gas.
130-133; Form MMS-1832.......  Submit ``green'' response copy                2  1,245 forms                2,490
                                of Form MMS-1832 indicating                      (3230 actual
                                date violations (INCs)                           INCs).
                                corrected.
                               Request reconsideration from                  1  179 requests....             179
                                issuance of an INC.
                               Request waiver of 14-day                  \1/2\  350 waivers.....             175
                                response time.
                               Notify MMS before returning to            \1/4\  1,754 notices...             438
                                operations if shut-in.
133..........................  Request reimbursement for food,               2  12 requests.....              24
                                quarters, and transportation
                                provided to MMS
                                representatives (OCS Lands Act
                                specifies reimbursement; no
                                requests received in many
                                years; minimal burden).
135 MMS internal process.....  Submit PIP under MMS                         40  4 plans.........             160
                                implementing procedures for
                                enforcement actions.
140..........................  Request various oral approvals            \1/2\  260 requests....             130
                                not specifically covered
                                elsewhere in regulatory
                                requirements.
141..........................  Request approval to use new or               20  30 requests.....             600
                                alternative procedures,
                                including BAST not
                                specifically covered elsewhere
                                in regulatory requirements.
142..........................  Request approval of departure                 2  66 requests.....             132
                                from operating requirements
                                not specifically covered
                                elsewhere in regulatory
                                requirements.
143; 144; 145; Form MMS-1123.  Submit designation of operator            \1/4\  1,420 forms.....             355
                                and report change of address
                                or notice of termination;
                                submit designation of local
                                agent.
150; 151; 152; 154(a)........  Name and identify facilities,                 2  123 new/                     246
                                etc., with signs.                                replacement
                                                                                 signs.
150; 154(b)..................  Name and identify wells with                  1  1,008 new wells.           1,008
                                signs.
160; 161.....................  OCS lessees: Apply for new or                 5  50 applications.             250
                                modified right-of-use and
                                easement to construct and
                                maintain off-lease platforms,
                                artificial islands, and
                                installations and other
                                devices; including
                                notifications.
165..........................  State lessees: Apply for new or               5  1 application...               5
                                modified right-of-use easement
                                to construct and maintain off-
                                lease platforms, artificial
                                islands, and installations and
                                other devices.
166..........................  State lessees: Furnish surety     Burden included with 30 CFR 256               0
                                bond.                                      (1010-0006)
168; 170; 171; 172; 174; 175;  Request suspension of                        10  250 requests....           2,500
 177; 180(b), (d).              operations or production;
                                submit schedule of work
                                leading to commencement *.
                               Submit progress reports on SOO                2  1,070 reports...           2,140
                                or SOP as condition of
                                approval *.
177(a).......................  Conduct site-specific study;                100  1 study/report..             100
                                submit results. No instances
                                requiring this study in
                                several years--could be
                                necessary if a situation
                                occurred such as severe damage
                                to a platform or structure
                                caused by a hurricane or a
                                vessel collision.
177(b), (c), (d); 182; 183;    Various references to            Burden included with 30 CFR 250,               0
 185; 194.                      submitting new, revised, or           Subpart B (1010-0049)
                                modified exploration plan,
                                development/production plan,
                                or development operations
                                coordination document, and
                                related surveys/reports.
180(a), (f), (g), (h), (i),    Notify and submit report on                   1  1,500 reports or           1,500
 (j).                           various leaseholding                             notices.
                                operations and lease
                                production activities.
180(a), (b), (c).............  When requested, submit                        6  60 submissions..             360
                                production data to demonstrate
                                production in paying
                                quantities to maintain lease
                                beyond primary term.
180(e).......................  Request more than 180 days to                 3  5 requests......              15
                                resume operations.
181(d); 182(b), 183(b)(2)....  Request termination of                       20  2 requests......              40
                                suspension and cancellation of
                                lease (no requests in recent
                                years for termination/
                                cancellation of a lease;
                                minimal burden).
184..........................  Request compensation for lease               50  1 request.......              50
                                cancellation mandated by the
                                OCS Lands Act (no qualified
                                lease cancellations in many
                                years; minimal burden compared
                                to benefit).
191..........................  Report accidents, deaths,                     7  182 reports.....           1,274
                                serious injuries, fires,
                                explosions and blowouts.
191(a).......................  Reports spills of oil..........   Burden included with 30 CFR 254               0
                                                                           (1010-0091)
192; Form MMS-132............  Daily report of evacuation                    1  620 reports or               620
                                statistics for natural                           forms.
                                occurrence/hurricane (Form MMS-
                                132 in the GOMR) when
                                circumstances warrant.
193..........................  Report apparent violations or            1\1/2\  2 reports.......               3
                                noncompliance.

[[Page 56248]]

 
194 NTL exception requests...  Request departures from                       1  95 requests.....              95
                                conducting archaeological
                                resources surveys and/or
                                submitting reports in GOMR.
194(c).......................  Report archaeological                        10  2 reports.......              20
                                discoveries (only one instance
                                in many years; minimal burden).
195..........................  Submit data/information for       Burden included with 30 CFR 251               0
                                post-lease G&G activity and                (1010-0048)
                                request reimbursement.
101-199......................  General departure or                          2  22 requests.....              44
                                alternative compliance
                                requests not specifically
                                covered elsewhere in Subpart A.
                                                               -----------------
    Subtotal--Reporting......  ...............................  ..............  10,613..........          15,756
------------------------------
108(e).......................  Retain records of design and                  2  2,678                      5,356
                                construction for life of                         recordkeepers.
                                crane, including installation
                                records for any anti-two block
                                safety devices; all
                                inspection, testing, and
                                maintenance for at least 4
                                years; crane operator and all
                                rigger personnel
                                qualifications for at least 4
                                years.
109(b).......................  Retain welding, burning, and              \1/2\  2,022 operations           1,011
                                hot tapping plan and approval
                                for the life of the facility.
132(b)(3)....................  Make available all records                    1  165 lessees/                 165
                                related to inspections not                       operators.
                                specifically covered elsewhere
                                in regulatory requirements.
                                                               -----------------
    Subtotal--Recordkeeping..  ...............................  ..............  4,865...........           6,532
                                                                               -------------------
        Total hour burden....  ...............................  ..............  15,478..........         22,288
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* Due to the California v. Norton litigation involving 36 suspended leases, operators in the Pacific Region did
  not respond to our inquiry because of the sensitivity of the matter.

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: The 
application filing fee required in Sec.  250.165 is the only paperwork 
cost burden identified for the Subpart A regulations. This filing fee 
is currently set at $2,350.
    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 May 21, 2004, we 
published a Federal Register notice (69 FR 29324) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  250.199 provides the 
OMB control number for the information collection requirements imposed 
by the 30 CFR 250 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.
    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: July 21, 2004.
William Hauser,
Acting Chief, Engineering and Operations Division.
[FR Doc. 04-21071 Filed 9-17-04; 8:45 am]
BILLING CODE 4310-MR-P