[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30138-30140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10385]


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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 (1010-0072).

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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 280, ``Prospecting for 
Minerals Other than Oil, Gas, and Sulphur on the Outer Continental 
Shelf.''

DATE: Submit written comments by July 25, 2005.

ADDRESSES: You may submit comments by any of the following methods 
listed below. Please use the Information Collection Number 1010-0072 as 
an identifier in your message.
     Public Connect on-line commenting system, https://ocsconnect.mms.gov. Follow the instructions on the Web site for 
submitting comments.
     Email MMS at [email protected]. Identify with 
Information Collection Number 1010-0072 in the subject line.
     Fax: 703-787-1093. Identify with Information Collection 
Number 1010-0072.
     Mail or hand-carry comments to the Department of the 
Interior; Minerals Management Service; Attention: Rules Process Team 
(RPT); 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please 
reference ``Information Collection 1010-0072'' in your comments.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Rules Processing Team 
at (703) 787-1600. You may also contact Cheryl Blundon to obtain a 
copy, at no cost, of the regulation and the forms that require the 
subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 280, Prospecting for Minerals Other than Oil, 
Gas, and Sulphur on the Outer Continental Shelf.
    OMB Control Number: 1010-0072.
    Forms: MMS-134, MMS-135, and MMS-136.
    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. 
Section 1337(k) of the OCS Lands Act authorizes the Secretary ``* * * 
to grant to the qualified persons offering the highest cash bonuses on 
a basis of competitive bidding leases of any mineral other than oil, 
gas, and sulphur in any area of the outer Continental Shelf not then 
under lease for such mineral upon such royalty, rental, and other terms 
and conditions as the Secretary may prescribe at the time of offering 
the area for lease.'' An amendment to the OCS Lands Act (Pub. L. 103-
426) authorizes the Secretary to negotiate agreements (in lieu of the 
previously required competitive bidding process) for the use of OCS 
sand, gravel, and shell resources for certain specified types of public 
uses. The specified uses will support construction of governmental 
projects for beach nourishment, shore protection, and wetlands 
enhancement; or any project authorized by the Federal Government.
    Section 1340 states that ``* * * any person authorized by the 
Secretary may conduct geological and geophysical [G&G] explorations in 
the outer Continental Shelf, which do not interfere with or endanger 
actual operations under any lease maintained or granted pursuant to 
this Act, and which are not unduly harmful to aquatic life in such 
area.'' The section further requires that, permits to conduct such 
activities may only be issued if it is determined that the applicant is 
qualified; the activities are not polluting, hazardous, or unsafe; they 
do not interfere with other users of the area; and they do not disturb 
a site, structure, or object of historical or archaeological 
significance. Respondents are required to submit form MMS-134 to 
provide the information necessary to evaluate their qualifications. 
Upon approval, respondents are issued a permit on either form MMS-135 
or MMS-136 depending on whether they are prospecting or conducting 
scientific research for ``geological'' or ``geophysical'' mineral 
resources.
    Section 1352 further requires that certain costs be reimbursed to 
the parties submitting required G&G information and data. Under the 
Act, permittees are to be reimbursed for the costs of reproducing any 
G&G data required to be submitted. Permittees are to be reimbursed also 
for the reasonable cost of processing geophysical information required 
to be submitted when processing is in a form or manner required by the 
Director and is not used in the normal conduct of the business of the 
permittee.
    MMS OCS Regions collect information required under part 280 to 
ensure there is no environmental degradation, personal harm or unsafe 
operations and conditions, damage to historical or archaeological 
sites, or interference with other uses; to analyze and evaluate 
preliminary or planned drilling activities; to monitor progress and 
activities in the OCS; to acquire G&G data and information collected 
under a Federal permit offshore; and to

[[Page 30139]]

determine eligibility for reimbursement from the Government for certain 
costs.
    Respondents are required to submit form MMS-134 to provide the 
information necessary to evaluate their qualifications. The information 
is necessary for MMS to determine if the applicants for permits or 
filers of notices meet the qualifications specified by the Act. The MMS 
uses the information collected to understand the G&G characteristics of 
hard mineral-bearing physiographic regions of the OCS. It aids MMS in 
obtaining a proper balance among the potentials for environmental 
damage, the discovery of hard minerals, and adverse impacts on affected 
coastal states. Information from permittees is necessary to determine 
the propriety and amount of reimbursement.
    Responses are mandatory or required to obtain or retain a benefit. 
No questions of a ``sensitive'' nature are asked. The MMS protects 
information considered proprietary according to 30 CFR 280.70 and 
applicable sections of 30 CFR parts 250 and 252, and the Freedom of 
Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR 
2).
    Frequency: On occasion, annual; and as required in the permit.
    Estimated Number and Description of Respondents: Approximately one 
hard mineral permittee or one notice filer at any give time and one 
affected State.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
currently approved annual reporting burden for this collection is 108 
hours. The following chart details the individual components and 
respective hour burden estimates of this ICR. 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 burden.

------------------------------------------------------------------------
                                         Reporting and
       Citation 30 CFR 280               recordkeeping       Hour burden
                                          requirement
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10; 11(a); 12; 13; Permit Forms..  Apply for permit (form              8
                                    MMS-134) to conduct
                                    prospecting or G&G
                                    scientific research
                                    activities, including
                                    prospecting/scientific
                                    research plan and
                                    environmental
                                    assessment or required
                                    drilling plan.
11(b); 12(c).....................  File notice to conduct              8
                                    scientific research
                                    activities related to
                                    hard minerals,
                                    including notice to MMS
                                    prior to beginning and
                                    after concluding
                                    activities.
21(a)............................  Report to MMS if                    1
                                    hydrocarbon/other
                                    mineral occurrences or
                                    environmental hazards
                                    are detected or adverse
                                    effects occur.
22...............................  Request approval to                 1
                                    modify operations.
23(b)............................  Request reimbursement               1
                                    for expenses for MMS
                                    inspection.
24...............................  Submit status and final             8
                                    reports quarterly or on
                                    specified schedule and
                                    final report.
28...............................  Request relinquishment              1
                                    of permit.
31(b); 73(a), (b)................  Governor(s) of adjacent             1
                                    State(s) submissions to
                                    MMS: Comments on
                                    activities involving an
                                    environmental
                                    assessment; request for
                                    proprietary data,
                                    information, and
                                    samples; and disclosure
                                    agreement.
33, 34...........................  Appeal penalty, order,    ...........
                                    or decision--burden
                                    covered under 5 CFR
                                    1320.4(a)(2), (c).
40; 41; 50; 51; Permit Forms.....  Notify MMS and submit               4
                                    G&G data/information
                                    collected under a
                                    permit and/or processed
                                    by permittees or 3rd
                                    parties, including
                                    reports, logs or
                                    charts, results,
                                    analyses, descriptions,
                                    etc.
42(b); 52(b).....................  Advise 3rd party          ...........
                                    recipient of
                                    obligations. Part of
                                    licensing agreement
                                    between parties; no
                                    submission to MMS.
42(c), 42(d); 52(c), 52(d).......  Notify MMS of 3rd party             1
                                    transactions.
60; 61(a)........................  Request reimbursement              20
                                    for costs of
                                    reproducing data/
                                    information & certain
                                    processing costs.
72(b)............................  Submit in not less than             1
                                    5 days comments on MMS
                                    intent to disclose data/
                                    information.
72(d)............................  Contractor submits                  1
                                    written commitment not
                                    to sell, trade,
                                    license, or disclose
                                    data/information.
Part 280.........................  General departure and               2
                                    alternative compliance
                                    requests not
                                    specifically covered
                                    elsewhere in part 280
                                    regulations.
Permit Forms.....................  Request extension of                1
                                    permit time period.
Permit Forms.....................  Retain G&G data/                    1
                                    information for 10
                                    years and make
                                    available to MMS upon
                                    request.
------------------------------------------------------------------------

    Estimated 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,

[[Page 30140]]

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 Procedure: MMS's practice is to make comments, 
including names and addresses of respondents, available for public 
review. 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 Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: May 19, 2005.
William Hauser,
Chief, Regulations and Standards Branch.
[FR Doc. 05-10385 Filed 5-24-05; 8:45 am]
BILLING CODE 4310-MR-P