[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Notices]
[Pages 47243-47245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13383]


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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 (1010-0006).

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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 256, ``Leasing of 
Sulphur or Oil and Gas in the Outer Continental Shelf.''

DATES: Submit written comments by October 16, 2006.

ADDRESSES: You may submit comments by any of the following methods 
listed below. Please use the Information Collection Number 1010-0006 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.
     E-mail MMS at [email protected]. Identify with 
Information Collection Number 1010-0006 in the subject line.
     Fax: 703-787-1093. Identify with Information Collection 
Number 1010-0006.
     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 1010-0006'' 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 regulations and the forms that require the 
subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 256, ``Leasing of Sulphur or Oil and Gas in the 
OCS.''
    Form(s): MMS-150, MMS-151, MMS-152, MMS-2028, MMS-2028A.
    OMB Control Number: 1010-0006.
    Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended 
(43 U.S.C. 1331 et seq., 43 U.S.C. 1801 et seq., and 31 U.S.C. 9701), 
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 that 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. Also, the Energy 
Policy and Conservation Act of 1975 (EPCA) prohibits certain lease 
bidding arrangements (42 U.S.C. 6213 (c)).
    The Independent Offices Appropriations Act of 1952 (IOAA), 31 
U.S.C. 9701, authorizes Federal agencies to recover the full cost of 
services that provide special benefits. Under the Department of the 
Interior's (DOI) policy implementing the IOAA, MMS is required to 
charge the full cost for services that provide special benefits or 
privileges to an identifiable non-Federal recipient above and beyond 
those that accrue to the public at large. Instruments of transfer of a 
lease or interest are subject to cost recovery, and MMS regulations 
specify the filing fees for these transfer applications.
    These authorities and responsibilities are among those delegated to 
the 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 256, Leasing of Sulphur or Oil 
and Gas in the OCS,

[[Page 47244]]

and the associated supplementary notices to lessees and operators 
(NTLs) intended to provide clarification, description, or explanation 
of these regulations.
    The MMS uses the information required to determine if applicants 
are qualified to hold leases in the OCS. Specifically, MMS uses the 
information to:
     Verify the qualifications of a bidder on an OCS lease 
sale. Once the required information is filed with MMS, a qualification 
number is assigned to the bidder so that duplicate information is not 
required on subsequent filings.
     Develop the semiannual List of Restricted Joint Bidders. 
This identifies parties ineligible to bid jointly with each other on 
OCS lease sales, under limitations established by the EPCA.
     Ensure the qualification of assignees. Once a lease is 
awarded, the transfer of a lessee's interest to another qualified party 
must be approved by an MMS regional director.
     Obtain information and nominations on oil and gas leasing, 
exploration, and development and production. Early planning and 
consultation ensure that all interests and concerns are communicated to 
us for future decisions in the leasing process.
     Document that a leasehold or geographical subdivision has 
been surrendered by the record title holder.
     Verify that lessees submit accurate leasing and 
adjudication documents. Respondents submit their forms: Assignment of 
Record Title Interest in Federal OCS Oil and Gas leases (Form MMS-150), 
Assignment of Operating Rights Interest in Federal OCS Oil and Gas 
Lease (Form MMS-151), and Relinquishment of Federal OCS Oil and Gas 
Lease. MMS uses these documents to: Track ownership in pipeline ROW; 
track ownership of leases; and to determine active vs. non-active 
leases so that those leases that are relinquished by a company are 
recycled into a lease sale.
     Verify that lessees have adequate bonding coverage. 
Respondents must submit their bonds certification forms: Form MMS-2028, 
Outer Continental Shelf Mineral Lessee's and Operator's Bond, and Form 
MMS-2028A, Outer Continental Shelf Mineral Lessee's and Operator's 
Supplemental Plugging & Abandonment Bond. MMS uses these documents to 
hold the surety libel for the obligations and liability of the 
principal/lessee or operator.
    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 parts 250, 251, and 252. The individual responses to Calls for 
Information are the only information collected involving the protection 
of confidentiality. MMS will protect specific individual replies from 
disclosure as proprietary information according to section 26 of the 
OCS Lands Act and Sec.  256.10(d). No items of a sensitive nature are 
collected. Responses are mandatory or required to obtain or retain a 
benefit.
    Frequency: On occasion.
    Estimated Number and Description of Respondents: Approximately 130 
oil and gas and sulphur lessees.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
currently approved annual reporting burden for this collection is 
21,080 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.

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   Citation 30 CFR Part 256      Reporting requirement     Hour burden
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Subparts A, C, E, H, L, M.....  None..................  Not applicable.
Subparts G, H, I, J: 37; 53;    Request approval for    Burden included
 68; 70; 71; 72; 73.             various operations or   with other
                                 submit plans or         approved
                                 applications.           collections in
                                                         30 CFR Part 250
                                                         (1010-0114,
                                                         1010-0141, 1010-
                                                         0142, 1010-
                                                         0149, 1010-
                                                         0151).
Subpart B: All sections.......  Submit suggestions and  4.
                                 relevant information
                                 in response to
                                 request for comments
                                 on proposed 5-year
                                 leasing program,
                                 including information
                                 from States/local
                                 governments.
Subpart D: All sections.......  Submit response to      4.
                                 Call for Information
                                 and Nominations on
                                 areas for leasing of
                                 minerals in specified
                                 areas in accordance
                                 with an approved
                                 leasing program,
                                 including information
                                 from States/local
                                 governments.
Subpart F: 31.................  States or local         4.
                                 governments submit
                                 comments/
                                 recommendations on
                                 size, timing or
                                 location of proposed
                                 lease sale.
Subpart G: 35; 46(d), (e).....  Establish a Company     2.
                                 File for
                                 qualification; submit
                                 updated information,
                                 submit qualifications
                                 for lessee/bidder,
                                 request exception.
    41; 43; 46(g).............  Submit qualification    2.
                                 of bidders for joint
                                 bids and statement or
                                 report of production/
                                 appeal.
    44; 46....................  Submit bids and         5.
                                 required information.
    47(c).....................  File agreement to       3\1/2\.
                                 accept joint lease on
                                 tie bids.
    47(e)(1), (e)(3)..........  Request for             Exempt as
                                 reconsideration of      defined in 5
                                 bid rejection.          CFR
                                                         1320.3(h)(9).
    47(f), (i); 50............  Execute lease           1.
                                 (includes submission
                                 of evidence of
                                 authorized agent and
                                 request for dating of
                                 leases).
Subpart I:
    52(f)(2), (g)(2)..........  Submit authority for    2.
                                 Regional Director to
                                 sell Treasury or
                                 alternate type of
                                 securities.
    53(a), 53(b); 54..........  OCS Mineral Lessee's    \1/4\.
                                 and Operator's Bond
                                 (form MMS-2028).
    53(c), (d), (f); 54(d),     Demonstrate financial   3\1/2\.
     54(e).                      worth/ability to
                                 carry out present and
                                 future financial
                                 obligations, request
                                 approval of another
                                 form of security, or
                                 request reduction in
                                 amount of
                                 supplemental bond
                                 required.
    54........................  OCS Mineral Lessee's    \1/4\.
                                 and Operator's
                                 Supplemental Plugging
                                 & Abandonment Bond
                                 (form MMS-2028A).
    55........................  Notify MMS of any       1.
                                 lapse in previous
                                 bond/action filed
                                 alleging lessee,
                                 surety, or guarantor
                                 is insolvent or
                                 bankrupt.

[[Page 47245]]

 
    56........................  Provide plan/           12.
                                 instructions to fund
                                 lease-specific
                                 abandonment account
                                 and related
                                 information; request
                                 approval to withdraw
                                 funds.
    57........................  Provide third-party     19.
                                 guarantee, indemnity
                                 agreement, financial
                                 information, related
                                 notices, reports, and
                                 annual update; notify
                                 MMS if guarantor
                                 becomes unqualified.
    57(d)(3); 58..............  Notice of and request   \1/2\.
                                 approval to terminate
                                 period of liability,
                                 cancel bond, or other
                                 security.
    59(c)(2)..................  Provide information to  16.
                                 demonstrate lease
                                 will be brought into
                                 compliance.
Subpart J:
    62; 64; 65; 67............  File application and    1.
                                 required information
                                 for assignment or
                                 transfer for approval/
                                 comment on filing fee
                                 (forms MMS-150 and
                                 MMS-151).
    64(a)(7);.................  File required           1.
                                 instruments creating
                                 or transferring
                                 working interests,
                                 etc., for record
                                 purposes.
    64(a)(8)..................  Submit non-required     Accepted on
                                 documents, for record   behalf of
                                 purposes, which         lessees as a
                                 respondents want MMS    service, MMS
                                 to file with the        does not
                                 lease document.         require nor
                                                         need the
                                                         filings.
Subpart K:
    76........................  File written request    1.
                                 for relinquishment
                                 (form MMS-152).
    77(c).....................  Comment on lease        1.
                                 cancellation (MMS
                                 expects 1 in 10
                                 years).
------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: The 
currently approved ``non-hour cost'' burden for this information 
collection is a total of $537,000. This cost burden is for filing fees 
associated with submitting requests for approval of instruments of 
transfer ($170 per application) or to file non-required documents for 
record purposes ($25 per filing).
    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 Procedures: 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. 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. In addition, 
you must present a rationale for withholding this information. This 
rationale must demonstrate that disclosure ``would constitute an 
unwarranted invasion of privacy.'' Unsupported assertions will not meet 
this burden. In the absence of exceptional, documentable circumstances, 
this information will be released. 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: August 8, 2006.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
 [FR Doc. E6-13383 Filed 8-15-06; 8:45 am]
BILLING CODE 4310-MR-P