[Federal Register Volume 72, Number 196 (Thursday, October 11, 2007)]
[Notices]
[Pages 57960-57962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19993]


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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 (1010-0106).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we 
are notifying the public that we are submitting to OMB an information 
collection request (ICR) to renew approval of the paperwork 
requirements in the regulations under 30 CFR 253, Oil Spill Financial 
Responsibility for Offshore Facilities, and related documents. This 
notice also provides the public a second opportunity to comment on the 
paperwork burden of these regulatory requirements.

DATES: Submit written comments by November 13, 2007.

ADDRESSES: You may submit comments either by fax (202) 395-6566 or e-
mail [email protected] directly to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for the Department of 
the Interior (1010-0106). Mail or hand carry a copy of your comments to 
the Department of the Interior; Minerals Management Service; Attention: 
Cheryl Blundon; Mail Stop 4024; 381 Elden Street; Herndon, Virginia 
20170-4817. If you wish to e-mail your comments to MMS, the address is: 
[email protected]. Reference Information Collection 1010-0106 in 
your subject line and mark your message for return receipt. Include 
your name and return address in your message text.

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 regulations and forms that require 
the subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 253, Oil Spill Financial Responsibility for 
Offshore Facilities.
    Forms: MMS-1016, MMS-1017, MMS-1018, MMS-1019, MMS-1020, MMS-1021, 
MMS-1022.
    OMB Control Number: 1010-0106.
    Abstract: Title I of the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 
2701 et seq.), as amended by the Coast Guard Authorization Act of 1996 
(Pub. L. 104-324), provides at section 1016 that oil spill financial 
responsibility (OSFR) for offshore facilities be established and 
maintained according to methods determined acceptable to the President. 
Section 1016 of OPA supersedes the offshore facility OSFR provisions of 
the Outer Continental Shelf Lands Act Amendments of 1978. These 
authorities and responsibilities are among those delegated to MMS under 
which we issue regulations governing oil and gas and sulphur operations 
in the OCS. The information collection discussed in this notice that we 
are submitting to OMB addresses the regulations at 30 CFR Part 253, Oil 
Spill Financial Responsibility for Offshore Facilities, forms MMS-1016 
through MMS-1022, and any associated supplementary notices to lessees 
and operators intended to provide clarification, description, or 
explanation of these regulations.
    The MMS uses the information collected under 30 CFR part 253 to 
verify compliance with section 1016 of OPA. The information is 
necessary to confirm that applicants can pay for cleanup and damages 
from oil-spill discharges from covered offshore facilities (COFs). 
Routinely, the information will be used: (a) To establish eligibility 
of applicants for an OSFR Certification; and (b) as a reference source 
for cleanup and damage claims associated with oil-spill discharges from 
COFs; the names, addresses, and telephone numbers of owners, operators, 
and guarantors; designated U.S. agents for service of process; and 
persons to contact. To collect most of the information, MMS developed 
standard forms. The forms and their purposes are:
    Cover Sheet: The forms will be distributed in a package that 
includes a cover sheet that displays the required OMB Control Number, 
Expiration Date, and Paperwork Reduction Act (PRA) statement. This 
cover sheet will accompany the forms as part of a package or will be 
included with any copies of a particular form that respondents may 
request.
    Form MMS-1016, Designated Applicant Information Certification: The 
designated applicant uses this form to provide identifying information 
(company legal name, MMS company number and region, address, contact 
name and title, telephone and fax numbers) and to summarize the OSFR 
evidence. This form is required for each new or renewed OSFR 
certification application.
    Form MMS-1017, Designation of Applicant: When there is more than 
one responsible party for a COF, they must select a designated 
applicant. Each responsible party, as defined in the regulations, must 
use this form to notify MMS of the designated applicant. This form is 
also used to designate the U.S. agent for service of process for the 
responsible party(ies) should claims from an oil-spill discharge exceed 
the amount evidenced by the designated applicant; identifies and 
provides pertinent information about the responsible party(ies); and 
lists the COFs for which the responsible party is liable for OSFR 
certification. The form identifies each COF by State or OCS region; 
lease, permit, right of use and easement or pipeline number; aliquot 
section; area name; and block number. This form must be submitted with 
each new OSFR application or with an assignment involving a COF in 
which there is at least one responsible party who is not the designated 
applicant for a COF.
    Form MMS-1018, Self-Insurance or Indemnity Information: This form 
is used if the designated applicant is self-insuring or using an 
indemnity for OSFR evidence. As appropriate, either the designated 
applicant or the designated applicant's indemnitor completes the form 
to indicate the amount of OSFR coverage as well as effective and 
expiration dates. The form also provides pertinent information about 
the self-insurer or indemnitor and is used to designate a U.S. agent 
for service of process for claims up to the evidenced amount. This form 
must be submitted each time new evidence of OSFR is submitted using 
either self-insurance or an indemnification.
    Form MMS-1019, Insurance Certificate: The designated applicant 
(representing himself as a direct purchaser of insurance) or his 
insurance agent or broker and the named insurers

[[Page 57961]]

complete this form to provide OSFR evidence using insurance. The number 
of forms to be submitted will depend upon the number of layers of 
insurance to evidence the total amount of OSFR required. One form is 
required for each layer of insurance. The form provides pertinent 
information about the insurer(s) and designates a U.S. agent for 
service of process. This form must be submitted at the beginning of the 
term of the insurance coverage for the designated applicant's COFs or 
at the time COFs are added, with the scheduled option selected, to OSFR 
coverage.
    Form MMS-1020, Surety Bond: Each bonding company that issues a 
surety bond for the designated applicant must complete this form 
indicating the amount of surety and effective dates. The form provides 
pertinent information about the bonding company and designates a U.S. 
agent for service of process for the amount evidenced by the surety 
bond. This form must be submitted at the beginning of the term of the 
surety bond for the named designated applicant.
    Form MMS-1021, Covered Offshore Facilities: The designated 
applicant submits this form to identify the COFs for which the OSFR 
evidence applies. The form identifies each COF by State or OCS region; 
lease, permit, right of use and easement or pipeline number; aliquot 
section; area name; block number; and potential worst case oil-spill 
discharge. This form is required to be submitted with each new or 
renewed OSFR certification application that includes COFs.
    Form MMS-1022, Covered Offshore Facility Changes: During the term 
of the issued OSFR certification, the designated applicant may submit 
changes to the current COF listings, including additions, deletions, or 
changes to the worst case oil-spill discharge for a COF. This form must 
be submitted when identified changes occur during the term of an OSFR 
Certification.
    Responses are mandatory. No questions of a ``sensitive'' nature are 
asked. Respondents are not required to submit confidential or 
proprietary information. All public requests for information about an 
applicant's OSFR Certification will be processed according to the 
Freedom of Information Act (5 U.S.C. 552) procedures.
    Frequency: The frequency of submission will vary, but most will 
respond at least once per year.
    Estimated Number and Description of Respondents: We estimate there 
are approximately 600 respondents. Some will be holders of leases, 
permits, and rights of use and easement in the OCS and in State coastal 
waters who will appoint approximately 200 designated applicants. Other 
respondents will be the designated applicants' insurance agents and 
brokers, bonding companies, and indemnitors. Some respondents may also 
be claimants.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 21,319 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.

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                                                                                        Average No.     Annual
           Citation 30 CFR 253                 Reporting requirement       Hour burden   of annual      burden
                                                                                          reponses      hours
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Various sections........................     The burdens for all general references to submitting              0
                                              evidence of OSFR are covered under the forms below.
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                                        Applicability and Amount of OSFR
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11(a)(1); 40; 41........................  Form MMS-1016--Designated                  1          200          200
                                           Applicant Information
                                           Certification..
11(a)(1); 40; 41........................  Form MMS-1017--Designation of              9          600        5,400
                                           Applicant..
12......................................  Request for determination of               2            5           10
                                           OSFR applicability..
15......................................  Notify MMS of change in ability            1            1            1
                                           to comply..
15(f)...................................  Provide claimant written                   1           15           15
                                           explanation of denial..
    Subtotal............................  ...............................  ...........          821        5,626
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                                         Methods for Demonstrating OSFR
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21; 22; 23;.............................  Form MMS-1018--Self-Insurance              1           75           75
                                           or Indemnity Information..
24; 26; 27; 30; 40; 41; 43..............  ...............................  ...........  ...........  ...........
29; 40;41; 43...........................  Form MMS-1019--Insurance                 120          120       14,400
                                           Certificate..
31; 40; 41; 43..........................  Form MMS-1020--Surety Bond.....           24            4           96
32......................................  Proposal for alternative method          120            1          120
                                           to evidence OSFR (anticipate
                                           no proposals, but the regs
                                           provide the opportunity)..
    Subtotal............................  ...............................  ...........          200       14,691
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                                  Requirements for Submitting OSFR Information
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40; 41..................................  Form MMS-1021--Covered Offshore            3          200          600
                                           Facilities..
40; 41; 42..............................  Form MMS-1022--Covered Offshore            1          400          400
                                           Facility Changes..
    Subtotal............................  ...............................  ...........          600        1,000
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                                 Claims for Oil-Spill Removal Costs and Damages
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Subpart F...............................   Claims: MMS will not be involved in the claims process.             0
                                             Assessment of burden for claims against the Oil Spill
                                           Liability Trust Fund (30 CFR parts 135, 136, 137) should
                                                  be responsibility of the U.S. Coast Guard.
60(d)...................................  Claimant request to determine              2            1            2
                                           whether a guarantor may be
                                           liable for a claim..
    Subtotal............................  ...............................  ...........            1            2
        Total Burden....................  ...............................  ...........        1,622       21,319
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[[Page 57962]]

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified no paperwork ``non-hour cost'' burdens associated with 
the 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 January 23, 
2007, we published a Federal Register notice (72 FR 2903) announcing 
that we would submit this ICR to OMB for approval. The notice provided 
the required 60-day comment period. In addition, Sec.  253.5 and the 
PRA statement on the cover sheet for the OSFR forms explain that MMS 
will accept comments at any time on the information collection 
requirements and burdens of our 30 CFR 253 regulations and associated 
forms. Section 253.5 and the OSFR forms cover sheet also provide the 
OMB control number and the address to which to send comments. We 
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 but may respond after 30 days. Therefore, to ensure maximum 
consideration, OMB should receive public comments by November 13, 2007.
    Public Availability of Comments: Before including your address, 
phone number, e-mail address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    MMS Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: May 31, 2007.
William S. Hauser,
Acting Chief, Office of Offshore Regulatory Programs.
 [FR Doc. E7-19993 Filed 10-10-07; 8:45 am]
BILLING CODE 4310-MR-P