[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Notices]
[Pages 43179-43181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14716]


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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 (1010-0068).

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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 250, Subpart M, 
Unitization. This notice also provides the public a second opportunity 
to comment on the paperwork burden of these regulatory requirements.

DATES: Submit written comments by August 25, 2005.

ADDRESSES: You may submit comments on this information collection 
directly to the Office of Management and Budget (OMB) either by e-mail 
([email protected]) or by fax (202) 395-6566, directly to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for the Department of the Interior (1010-0068).
    Submit a copy of your comments to the Department of the Interior, 
MMS, via:
     MMS's Public Connect on-line commenting system, https://ocsconnect.mms.gov. Follow the instructions on the Web site for 
submitting comments.
     E-mail MMS at [email protected]. Use Information 
Collection Number 1010-0068 in the subject line.
     Fax: 703-787-1093. Identify with the Information 
Collection Number 1010-0068.
     Mail or hand-carry comments to the Department of the 
Interior; Minerals Management Service; Attention: Rules Processing Team 
(RPT); 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please 
reference ``Information Collection 1010-0068'' in your comments.

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 that require the subject collection of 
information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR part 250, Subpart M, Unitization.
    OMB Control Number: 1010-0068.
    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 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 1334(a) 
of the OCS Lands Act specifies that the Secretary prescribe rules and 
regulations ``to provide for the prevention of waste and conservation 
of the natural resources of the [O]uter Continental Shelf, and the 
protection of correlative rights therein'' and include provisions ``for 
unitization, pooling, and drilling agreements.'' To carry out these 
responsibilities, the Secretary has authorized MMS to issue orders and 
regulations governing offshore oil and gas lease operations.
    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. MMS OCS Regions use the information to determine whether to 
approve a proposal to enter into an agreement to unitize operations 
under two or more leases or to approve modifications when circumstances 
change. The information is necessary to ensure that operations will 
result in preventing waste, conserving natural resources, and 
protecting correlative rights, including the Government's interests. We 
also use information submitted to determine competitiveness of a 
reservoir or to decide that compelling unitization will achieve these 
results.
    Frequency: The frequency of reporting is on occasion.
    Estimated Number and Description of Respondents: Approximately 130 
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 5,884 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 burden.

                                                                    Burden Breakdown
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                 Annual
   Citation  30 CFR 250 subpart M              Reporting requirement                     Hour burden                 Average number annual       burden
                                                                                                                           responses             hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1301................................  General description of requirements...             Burden included in the following sections.                    0

[[Page 43180]]

 
1301(d), (f)(3), (g)(1), (g)(2),      Request suspension of production or                       Burden covered in 1010-0114.                           0
 (ii).                                 operations.
                                     -----------------------------------------
1302(b).............................  Request preliminary determination on    39...............................  1 request...................         39
                                       competitive reservoir.
1302(b).............................  Submit concurrence or objection on      39...............................  1 request...................         39
                                       competitiveness with supporting
                                       evidence.
1302(c), (d)........................  Submit joint plan of operations,        39...............................  1 plan......................         39
                                       supplemental plans, or a separate
                                       plan if agreement cannot be reached.
1303................................  Apply for voluntary unitization,        161..............................  14 applications/plans.......      2,254
                                       including submitting unit agreement,
                                       unit operating agreement, initial
                                       plan of operation, and supporting
                                       data; request for variance from model
                                       agreement and other related
                                       requirements.
                                                                             ------------------------------------
                                                                                 Due to ongoing litigation in the Pacific Region, respondents did not
                                                                                                          submit burden data.
                                                                             ------------------------------------
1304(b).............................  Request compulsory unitization,         161..............................  1 request...................        161
                                       including submitting unit agreement,
                                       unit operating agreement, initial
                                       plan of operation, and supporting
                                       data; serving non-consenting lessees
                                       with documents.
1303; 1304..........................  * Submit revisions or modifications to  7 in GOM Region..................  285 revisions/modifications.      1,995
                                       unit agreement, unit operating         8 in POCS Region.................  15 revisions/modifications..  .........
                                       agreement, plan of operation, change                                                                          120
                                       of unit operator, etc.
1303; 1304..........................  * Submit initial, and revisions to,     50...............................  24 submissions..............      1,200
                                       participating area.
1304(d).............................  Request hearing on required             1................................  1 request...................          1
                                       unitization.
1304(e).............................  Submit statement at hearing on          5................................  1 statement.................          5
                                       compulsory unitization.
1304(e).............................  Pay for and submit three copies of      1................................  1 submission................          1
                                       verbatim transcript of hearing.
                                     -----------------------------------------
1304(f).............................  Appeal final order of compulsory                        Burden covered under 1010-0121.                          0
                                       unitization.
                                     -----------------------------------------
1300-1304...........................  General departure and alternative       1................................  30 requests.................         30
                                       compliance requests not specifically
                                       covered elsewhere in subpart M
                                       regulations.
                                                                                                                -------------------------------
    Total Hour Burden...............  ......................................  .................................  375.........................      5,884
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: 
Section 250.1304(d) provides an opportunity for parties notified of 
compulsory unitization to request a hearing. Section 250.1304(e) 
requires the party seeking the compulsory unitization to pay for the 
court reporter and three copies of the verbatim transcript of the 
hearing. It should be noted there have been no such hearings in the 
recent past, and none are expected in the near future. We estimate that 
the burden would be less than $250 to reproduce the copies.
    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.
    To comply with the public consultation process, on December 10, 
2004, we published a Federal Register notice (69 FR 71845) 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 part 250 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. 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

[[Page 43181]]

but may respond after 30 days. Therefore, to ensure maximum 
consideration, OMB should receive public comments by August 25, 2005.
    Public Comment Procedure: Our practice is to make comments, 
including names and addresses of respondents, available for public 
review. Individual respondents may request that we withhold their 
address from the record, which we will honor to the extent allowable by 
law. There may be circumstances in which we would withhold from the 
record a respondent's identity, as allowable by the law. If you wish us 
to withhold your name and/or address, you must state this prominently 
at the beginning of your comment. However, we will not consider 
anonymous comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.
    MMS Information Collection Clearance Officer: Arlene Bajusz, (202) 
208-7744.

    Dated: February 9, 2005.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.

    Editor's Note: This document was received by the Office of the 
Federal Register on July 21, 2005.
[FR Doc. 05-14716 Filed 7-25-05; 8:45 am]
BILLING CODE 4310-MR-P