[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Notices]
[Pages 74937-74941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21140]


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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 (1010-0114).

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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 250, Subpart A, 
``General.''

DATES: Submit written comments by February 12, 2007.

ADDRESSES: You may submit comments by any of the following methods 
listed below. Please use the Information Collection Number 1010-0114 as 
an identifier in your message.
     E-mail MMS at [email protected]. Identify with 
Information Collection Number 1010-0114 in the subject line.
     Fax: 703-787-1093. Identify with Information Collection 
Number 1010-0114.
     Mail or hand-carry comments to the Department of the 
Interior; Minerals Management Service; Attention: Cheryl Blundon; 381 
Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference 
``Information Collection 1010-0114'' in your comments.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and 
Standards Branch at (703) 787-1607. 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 250, Subpart A, ``General''.
    Form(s): MMS-132, MMS-1123, and MMS-1832.
    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 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. Section 1332(6) states 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.''
    The Independent Offices Appropriations Act (31 U.S.C. 9701), the 
Omnibus Appropriations Bill (Pub. L. 104-133, 110 Stat. 1321, April 26, 
1996), and Office of Management and Budget (OMB) Circular A-25, 
authorize Federal agencies to recover the full cost of services that 
confer special benefits. Under the Department of the Interior's (DOI) 
implementing policy, the Minerals Management Service (MMS) is required 
to charge fees for services that provide special benefits or privileges 
to an identifiable non-Federal recipient

[[Page 74938]]

above and beyond those which accrue to the public at large.
    This information collection (IC) request covers 30 CFR Part 250, 
Subpart A, General. This request also covers the related Notices to 
Lessees and Operators (NTLs) that MMS issues to clarify and provide 
additional guidance on some aspects of our regulations.
    Requests for MMS approval may contain proprietary information 
related to performance standards or alternative approaches to 
conducting operations different from those approved and specified in 
MMS regulations. We will protect this proprietary information according 
to the Freedom of Information Act, 30 CFR Part 252, and 30 CFR 250.197, 
``Data and information to be made available to the public.'' No items 
of a sensitive nature are collected. Responses are mandatory.
    The MMS uses the information collected under the Subpart A 
regulations 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 protection and development of 
OCS resources. Specifically, we use the information collected to:
     Review records of formal crane operator training, rigger 
training, crane operator qualifications, crane inspections, testing, 
and maintenance to ensure that lessees perform operations in a safe and 
workmanlike manner and that equipment is maintained in a safe 
condition. The MMS also uses the information to make certain that all 
new and existing cranes installed on OCS fixed platforms must be 
equipped with anti-two block safety devices, and to assure that uniform 
methods are employed by lessees for load testing of cranes.
     Review welding, burning, and hot tapping plans, 
procedures, and records to ensure that these activities are conducted 
in a safe and workmanlike manner by trained and experienced personnel.
     Provide lessees greater flexibility to comply with 
regulatory requirements through approval of alternative equipment or 
procedures and departures to regulations if they demonstrate equal or 
better compliance with the appropriate performance standards.
     Determine the capability of a well to produce oil or gas 
in paying quantities or to determine the possible need for additional 
wells resulting in minimum royalty status on a lease. If a well does 
not yield hydrocarbons in sufficient quantity to warrant continued 
operation and production, MMS uses the information to verify the claim 
and to release the lessee from lease obligations. Conversely, the 
information is used to extend the term of the lease if additional wells 
will warrant continued operation and production.
     Ensure that injection of gas promotes conservation of 
natural resources, prevents waste, and that subsurface storage of 
natural gas does not unduly interfere with development and production 
operations under existing leases.
     Ensure the appropriateness of reimbursing lessees for 
costs incurred in reproducing geological and geophysical (G&G) data and 
information for submission to MMS and processing or reprocessing G&G 
information in a form and manner other than that normally used in the 
conduct of a lessee's business, or to determine the proper 
reimbursement of costs incurred during inspections.
     Record the designation of an operator authorized to act on 
behalf of the lessee and to fulfill the lessee's obligations under the 
OCS Lands Act and implementing regulations, or to record the local 
agent empowered to receive notices and comply with regulatory orders 
issued (Form MMS-1123).
     Determine if an application for right-of-use and easement 
serves the purpose specified in the grant when conducting exploration, 
development, and production activities or other operations on or off 
the lease; is maintained for such purposes; and does not unreasonably 
interfere with the operations of any other lessee.
     Provide for orderly development of leases through the use 
of information to determine the appropriateness of lessee requests for 
suspension of operations, including production. For example, MMS needs 
the information to determine that a suspension is necessary to: (1) 
Ensure proper lease development, (2) allow time to construct or 
negotiate use of transportation facilities, (3) allow reasonable time 
to enter into a sales contract, (4) allow for unavoidable situations, 
(5) avoid continued operations resulting in premature abandonment of a 
producing well(s) that would be uneconomic, (6) comply with the 
National Environmental Policy Act or to conduct an environmental 
analysis, (7) install equipment for safety and environmental 
protection, (8) allow time for inordinate delays encountered in 
obtaining required permits or consents, (9) comply with judicial 
decrees, or (10) avoid activities that pose a threat of serious, 
irreparable, or immediate harm.
     Improve safety and environmental protection on the OCS 
through collection and analysis of accident reports to ascertain the 
cause of the accidents and to determine ways to prevent recurrences.
     Ascertain when the lease ceases production or when the 
last well ceases production in order to determine the 180th day after 
the date of completion of the last production. This requirement is 
expanded in the final rule to include reporting when lease production 
is initiated, resumes before the end of the 180-day period after 
production ceased, and when leaseholding operations occur during the 
referenced 180-day interval. The MMS will use this information to 
efficiently maintain the lessee/operator lease status.
     Approve requests to cancel leases.
     Be informed when there could be a major disruption in the 
availability and supply of natural gas and oil due to natural 
occurrences/hurricanes, to advise the U.S. Coast Guard (USCG) in case 
of the need to rescue offshore workers in distress, to monitor damage 
to offshore platforms and drilling rigs, and to advise the news media 
and interested public entities when production is shut in and when 
resumed. The OCS operations produce more than one-quarter of the 
Nation's natural gas and more than one-sixth of its oil, and it is 
essential to know when production is interrupted. The Gulf of Mexico 
Region (GOMR) uses a reporting form for respondents to report 
evacuation statistics when necessary (Form MMS-132, Evacuation 
Statistics). It is sent to respondents at the onset of each ``hurricane 
season'' in the GOMR.
     Allow operators who exhibit unacceptable performance an 
incremental approach to improving their overall performance prior to a 
final decision to disqualify an operator or to pursue debarment 
proceedings through the execution of a performance improvement plan 
(PIP). The Subpart A regulations do not address the actual process that 
we will follow in pursuing the disqualification of operators under 
Sec. Sec.  250.135 and 250.136. However, our internal enforcement 
procedures include allowing such operators to demonstrate a commitment 
to acceptable performance by the submission of a PIP.
     Determine that respondents have corrected all Incidents of 
Non-Compliance (INC)(s) identified during inspections (Form MMS-1832). 
The MMS issues this form to the operator. The operator then corrects 
the INC(s) and returns the form to the MMS Regional Supervisor no later 
than 14 days.

[[Page 74939]]

     Review records of crane inspection, testing, maintenance, 
and crane operator qualifications to ensure that lessees perform 
operations in a safe and workmanlike manner and maintain equipment in a 
safe condition.
    Frequency: On occasion, Form MMS-132 (Evacuation Statistics) 
submitted daily during the emergency situation.
    Estimated Number and Description of Respondents: Approximately 190 
Federal and 1 State oil and gas or sulphur lessees (potential 
respondents).
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
currently approved annual reporting burden for this collection is 
24,741 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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                                                                                               Hour burden
  Citation 30 CFR 250 subpart A and         Reporting or recordkeeping requirement      ------------------------
          related forms/NTLs                                                                       Fee
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                                                    Reporting
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104; Form MMS-1832...................  Appeal orders or decisions; appeal INCs.........  Exempt under 5 CFR
                                                                                          1320.4(a)(2), (c).
109(a); 110..........................  Submit welding, burning, and hot tapping plans..  2
115; 116.............................  Request determination of well producibility;      3
                                        submit data & information; notify MMS of test.
118; 119; 121; 124...................  Apply for injection or subsurface storage of gas  10
125(c); 140..........................  Request various oral approvals not specifically   \1/2\
                                        covered elsewhere in regulatory requirements.
130-133; Form MMS-1832...............  Submit ``green'' response copy of Form MMS-1832   2
                                        indicating date violations (INCs) corrected.
                                       Request reconsideration from issuance of an INC.  1
                                       Request waiver of 14-day response time..........  \1/2\
                                       Notify MMS before returning to operations if      \1/4\
                                        shut-in.
133..................................  Request reimbursement for food, quarters, and     2
                                        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 implementing procedures for  40
                                        enforcement actions.
141..................................  Request approval to use new or alternative        20
                                        procedures, including BAST not specifically
                                        covered elsewhere in regulatory requirements.
142..................................  Request approval of departure from operating      2
                                        requirements not specifically covered elsewhere
                                        in regulatory requirements.
143; 144; 145; Form MMS-1123.........  Submit designation of operator & report change    \1/4\
                                        of address or notice of termination; submit      $150 fee.
                                        designation of local agent.
150; 151; 152; 154(a)................  Name and identify facilities, artificial          2
                                        islands, MODUs, etc., with signs.
150; 154(b)..........................  Name and identify wells with signs..............  1
160; 161.............................  OCS lessees: Apply for new or modified right-of-  5
                                        use and easement to construct and maintain off-
                                        lease platforms, artificial islands, and
                                        installations and other devices; including
                                        notifications.
160(c)...............................  Establish a Company File for qualification;       Burden included with 30
                                        submit updated information, submit                CFR 256 (1010-0006).
                                        qualifications for lessee/bidder, request
                                        exception.
165..................................  State lessees: Apply for new or modified right-   5
                                        of-use and easement to construct and maintain    $2,350 fee.
                                        off-lease platforms, artificial islands, and
                                        installations and other devices.
166..................................  State lessees: Furnish surety bond..............  Burden included with 30
                                                                                          CFR 256 (1010-0006).
168; 170; 171; 172; 174; 175; 177;     Request suspension of operations or production;   10
 180(b), (d).                           submit schedule of work leading to               $1,800 fee.
                                        commencement.*
                                       Submit progress reports on SOO or SOP as          2
                                        condition of approval.*
177(a)...............................  Conduct site-specific study; submit results. No   100
                                        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, 185; 194.  Various references to submitting new, revised,    Burden included with 30
                                        or modified exploration plan, development/        CFR 250, Subpart B
                                        production plan, or development operations        (1010-0151).
                                        coordination document, and related surveys/
                                        reports.
180(a), (f), (g), (h), (i), (j)......  Notify and submit report on various leaseholding  1
                                        operations and lease production activities.
180(a), (b), (c).....................  When requested, submit production data to         6
                                        demonstrate production in paying quantities to
                                        maintain lease beyond primary term.
180(e)...............................  Request more than 180 days to resume operations.  3
181(d); 182(b), 183(b)(2)............  Request termination of suspension and             20
                                        cancellation of lease (no requests in recent
                                        years for termination/cancellation of a lease;
                                        minimal burden).
184..................................  Request compensation for lease cancellation       50
                                        mandated by the OCS Lands Act (no qualified
                                        lease cancellations in many years; minimal
                                        burden compared to benefit).
187(d)...............................  Report all spills of oil or other liquid          Burden covered with 30
                                        pollutants.                                       CFR 254 (1010-0091).

[[Page 74940]]

 
187; 188(a); 189; 190(c).............  Report to the District Manager immediately via    Oral 0.2.
                                        oral communication and written follow-up within  Written 4.
                                        15 calendar days, incidents pertaining to:
                                        Fatalities; injuries; LoWC; fires; explosions;
                                        all collisions resulting in property or
                                        equipment damage >$25K; structural damage to an
                                        OCS facility; cranes; incidents that damage or
                                        disable safety systems or equipment (including
                                        firefighting systems).
188(a)(5)............................  Report to District Manager hydrogen sulfide       Oral burden covered
                                        (H2S) gas releases immediately by oral            under 30 CFR 250,
                                        communication.                                    subpart D (1010-0141).
188(b); 190(a), (b)..................  Provide written report to the District Manager    4
                                        within 15 calendar days after incidents
                                        relating to: Injuries that result in 1 or more
                                        days away from work, on restricted work, or job
                                        transfer; gas releases that initiate equipment
                                        or process shutdown; property or equipment
                                        damage >$25K; operations personnel to muster
                                        for evacuation not related to weather or
                                        drills; any additional information required.
191..................................  Submit written statement/compensation re:         Exempt under 3 CFR
                                        Accident investigation.                           1320.4(b).
192; Form MMS-132....................  Daily report of evacuation statistics for         1
                                        natural occurrence/hurricane (Form MMS-132 in
                                        the GOMR) when circumstances warrant; inform
                                        MMS when you resume production.
193..................................  Report apparent violations or non-compliance....  1\1/2\
194 NTL exception requests...........  Request departures from conducting                1
                                        archaeological resources surveys and/or
                                        submitting reports in GOMR.
194(c)...............................  Report archaeological discoveries (only one       10
                                        instance in many years; minimal burden).
196..................................  Submit data/information for post-lease G&G        Burden included with 30
                                        activity and request reimbursement.               CFR 251 (1010-0048).
101-199..............................  General departure or alternative compliance       2
                                        requests not specifically covered elsewhere in
                                        Subpart A.
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                                                  Recordkeeping
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108(e)...............................  Retain records of design and construction for     2
                                        life of 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 hot tapping plan     \1/2\
                                        and approval for the life of the facility.
132(b)(3)............................  Make available all records related to             1
                                        inspections not specifically covered elsewhere
                                        in regulatory requirements.
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    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified three non-hour cost burdens. Section 250.143 requires a 
fee for a change in designation of operator. Section 250.165 requires a 
State lessee applying for a right-of-use and easement on the OCS to pay 
a cost recovery application fee. This cost is the same as the fee for a 
pipeline right-of-way grant specified in 30 CFR 250.1015 and is subject 
to change based on that regulation. We estimate receiving only one 
State lease application per year. Section 250.171 requests a fee for 
either a Suspension of Operations or Production Request (SOO/SOP). We 
have not identified any other ``non-hour cost'' burdens associated with 
this 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: Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A) requires each agency `` o=* * * to provide notice o=* * * 
and otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information o=* * *''. 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

[[Page 74941]]

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: The 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. The 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: December 6, 2006.
Melinda Mayes,
Acting Chief, Office of Offshore Regulatory Programs.
 [FR Doc. E6-21140 Filed 12-12-06; 8:45 am]
BILLING CODE 4310-MR-P