[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Notices]
[Pages 12814-12817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4888]


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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 an extension of an information collection (1010-
0006).

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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 256, ``Leasing of 
Sulphur or Oil and Gas in the Outer Continental Shelf.'' This notice 
also provides the public a second opportunity to comment on the 
paperwork burden of these regulatory requirements.

DATES: Submit written comments by April 18, 2007.

ADDRESSES: You may submit comments on this information collection 
directly to the Office of Management and Budget (OMB), Office of 
Information and Regulatory Affairs, OMB, Attention: Desk Officer for 
the Department of the Interior via OMB e-mail: ([email protected]); or by fax (202) 395-6566; identify with (1010-
0006).
    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.

[[Page 12815]]

     E-mail MMS at [email protected]. Use 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 Processing 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, Regulations and 
Standards Branch, (703) 787-1607. You may also contact Cheryl Blundon 
to obtain a copy, at no cost, of the ICR, the forms, and the 
regulations that require the subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 256, ``Leasing of Sulphur or Oil and Gas in the 
Outer Continental Shelf.''
    OMB Control Number: 1010-0006.
    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 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, the Minerals Management 
Service (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 fee 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 
(ICR) addresses the regulations at 30 CFR 256, Leasing of Sulphur or 
Oil and Gas in the OCS, and the associated supplementary Notices to 
Lessees (NTLs) and operators intended to provide clarification, 
description, or explanation of these regulations.
    Responses are required to obtain or retain a benefit. No questions 
of a ``sensitive'' nature are asked. The individual responses to Calls 
for Information are the only information collected involving the 
protection of confidentiality. The MMS will protect specific individual 
replies from disclosure as proprietary information according to section 
26 of the OCS Lands Act, the Freedom of Information Act (5 U.S.C. 552) 
and its implementing regulations (43 CFR part 2), and Sec.  256.10(d).
    The MMS uses the information required by 30 CFR part 256 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 and track operators 
on leaseholds. Once a lease is awarded, the transfer of a lessee's 
interest to another qualified party must be approved by an MMS regional 
director, regional supervisor, or regional manager (Pacific Region 
only). Also, a lessee may designate an operator to act on the lessee's 
behalf. This designation must be approved by MMS before the designated 
operator may begin operations.
     Document that a leasehold or geographical subdivision has 
been surrendered by the record title holder.
    The MMS will use this information to update the corporate database 
which is used to determine what leases are available for a lease sale 
and the ownership of all OCS leases. Non-proprietary information is 
also publicly available from the MMS corporate database via the 
Internet.
    The MMS uses the information required by subpart J, Assignments, 
Transfers and Extensions, to track the ownership of leases as to record 
title, operating rights, and pipeline right-of-ways.
    The MMS also uses various forms relating to this subpart--forms to 
process bonds per subpart I, Bonding, the transfer of interest in 
leases per subpart J, Assignments, Transfers and Extensions, and the 
filing of relinquishments per subpart K, Termination of Leases. The 
forms allow lessees to submit the required information in a 
standardized format that helps MMS process the data in a more timely 
and efficient manner. The forms are:
     MMS-150, Assignment of Record Title Interest in Federal 
OCS Oil and Gas Lease,
     MMS-151, Assignment of Operating Rights Interest in 
Federal OCS Oil and Gas Lease,
     MMS-152, Relinquishment of Federal OCS Oil and Gas Lease.
     MMS-2028, OCS Mineral Lessee's and Operator's Bond,
     MMS-2028A, OCS Mineral Lessee's and Operator's 
Supplemental Plugging and Abandonment Bond,
    Frequency: On occasion.
    Estimated Number and Description of Respondents: Approximately 256 
respondents (Federal 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 17,058 hours. 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.

[[Page 12816]]



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                                                                                   Fees
                                                         -------------------------------------------------------
    Citation 30 CFR Part 256      Reporting requirement                         Average No. of     Annual burden
                                                              Hour burden      annual responses        hours
----------------------------------------------------------------------------------------------------------------
Subparts A, C, E, H, L, M......  None...................               Not applicable                          0
                                                         ----------------------------------------
Subparts G, H, I, J: 37; 53;     Request approval for       Burden included with other approved                0
 68; 70; 71; 72; 73.              various operations or    collections in 30 CFR Part 250 (1010-
                                  submit plans or            0114, 1010-0141, 1010-0142, 1010-
                                  applications.                       0149, 1010-0151)
                                                         ----------------------------------------
Subpart B: All sections........  Submit suggestions and   4.................  1 response........               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 Call  4.................  1 response........               4
                                  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.................  10 responses......              40
                                  governments submit
                                  comments/
                                  recommendations on
                                  size, timing or
                                  location of proposed
                                  lease sale.
Subpart G: 35; 46(d), (e)......  Establish a Company      2.................  104 responses.....             208
                                  File for
                                  qualification; submit
                                  updated information,
                                  submit qualifications
                                  for lessee/bidder,
                                  request exception.
41; 43; 46(g)..................  Submit qualification of  2.................  100 responses.....             200
                                  bidders for joint bids
                                  and statement or
                                  report of production/
                                  appeal.
44; 46.........................  Submit bids and          5.................  2,000 bids........          10,000
                                  required information.
47(c)..........................  File agreement to        3 1/2.............  2 agreements......               7
                                  accept joint lease on
                                  tie bids.
                                                         ----------------------------------------
47(e)(1), (e)(3)...............  Request for              Exempt as defined in 5 CFR                           0
                                  reconsideration of bid   1320.3(h)(9)
                                  rejection.
                                                         ----------------------------------------
47(f), (i); 50.................  Execute lease (includes  1.................  852 leases........             852
                                  submission of evidence
                                  of authorized agent
                                  and request for dating
                                  of leases).
Subpart I: 52(f)(2), (g)(2)....  Submit authority for     2.................  10 submissions....              20
                                  Regional Director to
                                  sell Treasury or
                                  alternate type of
                                  securities.
53(a), 53(b); 54...............  OCS Mineral Lessee's     1/4...............  124 responses.....              31
                                  and Operator's Bond
                                  (Form MMS-2028).
53(c), (d), (f); 54(d), 54(e)..  Demonstrate financial    3 1/2.............  165 submissions...         \1\ 578
                                  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...............  136 responses.....              34
                                  and Operator's
                                  Supplemental Plugging
                                  & Abandonment Bond
                                  (Form MMS-2028A).
55.............................  Notify MMS of any lapse  1.................  3 notices.........               3
                                  in previous bond/
                                  action filed alleging
                                  lessee, surety, or
                                  guarantor is insolvent
                                  or bankrupt.
56.............................  Provide plan/            12................  1 submission......              12
                                  instructions to fund
                                  lease-specific
                                  abandonment account
                                  and related
                                  information; request
                                  approval to withdraw
                                  funds.
57.............................  Provide third-party      19................  45 submissions....             855
                                  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...............  378 requests......             189
                                  approval to terminate
                                  period of liability,
                                  cancel bond, or other
                                  security.
59(c)(2).......................  Provide information to   16................  5 responses.......              80
                                  demonstrate lease will
                                  be brought into
                                  compliance.
Subpart J: 62; 63; 64; 65; 67..  File application and     2 forms @ 30 min    3,000 applications           3,000
                                  required information     ea = 1 hr.
                                  for assignment or
                                  transfer for approval
                                  (Forms MMS-150 and MMS-
                                  151).
                                                         -------------------------------------------------------
                                                            3,000 Title/Rights (Transfer) fee @ $170 = $510,000
----------------------------------------------------------------------------------------------------------------
63; 64(a)(8)...................  Submit non-required       Accepted on behalf of lessees as a                  0
                                  documents, for record    service, MMS does not require nor
                                  purposes, which          need the filings
                                  respondents want MMS
                                  to file with the lease
                                  document.
                                                         -------------------------------------------------------
                                                                   3,725 filing fees @ $25 ea = $93,125
----------------------------------------------------------------------------------------------------------------
64(a)(7).......................  File required            1.................  700 filings.......             700
                                  instruments creating
                                  or transferring
                                  working interests,
                                  etc., for record
                                  purposes.
Subpart K: 76..................  File written request     1/2...............  240                            120
                                  for relinquishment                           relinquishments.
                                  (Form MMS-152).
77(c)..........................  Comment on lease         1.................  1.................               1
                                  cancellation (MMS
                                  expects 1 in 10 years).
----------------------------------------------------------------------------------------------------------------


 
 
----------------------------------------------------------------------------------------------------------------
Total Reporting......................             7,878 Responses                        17,058 Hours
                                      --------------------------------------------------------------------------
                                                                     $603,125 Fees
----------------------------------------------------------------------------------------------------------------
\1\ (Rounded).


[[Page 12817]]

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: 
There are two non-hour costs associated with this information 
collection. The estimated non-hour cost burden is $603,125. Sections 
256.62 and 256.64(a) require respondents to pay filing fees when 
submitting a request for assignment or transfer, and to file documents 
for record purposes. The application filing fees are required to 
recover the Federal Government's processing costs. 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: 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 August 16, 2006, 
we published a Federal Register notice (71 FR 47243) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  256.0 and the PRA 
statement on the MMS forms display the OMB control number, specifies 
that the public may comment at anytime on the collection of information 
required in the 30 CFR part 256 regulations and forms, and provides the 
address to which they should send comments. We have received one 
comment in response to those efforts, but it was not germane to the 
paperwork burden of the information collection.
    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 April 18, 2007.
    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 the request to the extent allowable by the 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: November 30, 2006.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.

     This document was received at the Office of the Federal 
Register on March 13, 2007.

 [FR Doc. E7-4888 Filed 3-16-07; 8:45 am]
BILLING CODE 4310-MR-P