[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Pages 21363-21375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8391]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2007-OMM-0072]


MMS Information Collection Activity: 1010-NEW Lease of Submerged 
Lands for Alternative Energy Activities on the Outer Continental Shelf 
(OCS); New Collection; Submitted for Office of Management and Budget 
(OMB) Review; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of a new information collection (1010-NEW) and request 
for comments.

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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 the Office of 
Management and Budget (OMB) an information collection request (ICR) for 
a new approval of the paperwork requirements in new Form MMS-0001, 
Lease of Submerged Lands for Alternative Energy Activities on the Outer 
Continental Shelf (OCS), which is printed within this Federal Register 
notice. This new form is the instrument that MMS will use to issue a 
lease on the OCS to conduct data collection and/or technology testing. 
This notice also provides the public a second opportunity to comment on 
the paperwork burdens associated with the lease form.

DATES: Submit written comments by May 21, 2008.

ADDRESSES: You may submit comments by any of the following methods 
listed below.
     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-NEW). 
Please also send a copy to MMS.
     Electronically: Go to http://www.regulations.gov. Under 
the tab ``More Search Options,'' click ``Advanced Docket Search'', then 
select ``Minerals Management Service'' from the agency drop-down menu, 
then click ``submit.'' In the Docket ID column, select MMS-2007-OMM-
0072 to submit public comments and to view available supporting and 
related materials. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link. All comments submitted will be published 
and posted to the docket after the closing period.
     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-NEW'' in your comment and include your 
name and return address.

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 Section 388 of the Energy Policy Act. 
You may contact Maureen A. Bornholdt, Program Manager, Alternative 
Energy Programs at (703) 787-1300 for lease questions.

SUPPLEMENTARY INFORMATION:
    Title: Lease of Submerged Lands for Alternative Energy Activities 
on the OCS.
    Form(s): MMS-0001.
    OMB Control Number: 1010-NEW.
    Abstract: Section 388 of the Energy Policy Act of 2005 amended the 
OCS Lands Act to add a new paragraph (p) to section 8 of the Act (43 
U.S.C. 1337(p)) to allow the Department of the Interior, acting through 
the Minerals Management Service (MMS), to grant a lease, easement, or 
right-of-way on the OCS for activities that produce or support the 
production of energy from sources other than oil and gas. MMS has 
established an Alternative Energy and Alternate Use Program to 
authorize and regulate OCS activities pursuant to this new authority. 
MMS is in the process of developing proposed regulations that, once 
finalized, will set the framework for issuing leases, easements and 
rights-of-way and authorizing OCS alternative energy activities. On 
November 6, 2007, MMS announced an interim policy that allows the 
issuance of leases, under this statutory authority, for activities 
limited to alternative energy resource data collection and technology 
testing. The interim policy does not allow the issuance of leases for 
commercial production of alternative energy, such as the full build-out 
of commercial wind farms.
    On December 14, 2007, we published a Federal Register notice (72 FR 
71152) announcing a new lease form and new information collection 
requirements. This new lease form is the instrument for limited-term 
leases issued under MMS' interim policy. The new information collection 
requirements are needed by MMS in order to authorize activities and 
convey rights through limited-term leases to conduct data collection 
and/or technology testing activities on specific areas of the OCS.
    This information collection request (ICR) addresses the form and 
accompanying information. The new lease form will be used by MMS and 
the emerging alternative energy industry as an instrument specifying 
the parties' rights and responsibilities under the lease.
    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). No items of a sensitive 
nature are collected. Responses are required to obtain or retain 
benefits or mandatory.
    Frequency: On occasion.
    Estimated Number and Description of Respondents: Approximately 18-
25 (alternative energy) respondents.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 3,560 hours. The total estimated annual ``hour'' burden 
decreased from the

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estimate in the 60-day Federal Register notice (72 FR 71152), published 
on December 14, 2007, because of the re-estimation of the number of 
submissions, as well as the deletion of two requirements that, under 
closer inspection, were not subject to the PRA. Therefore, the 
following chart details the current 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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                                        Reporting and/or                                         Average No. of  annual
      Form MMS-0001 sections       recordkeeping requirement           Hour burden                     responses                  Annual burden hour
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MMS-0001; Section 1..............  Fill out and submit form   1............................  13...........................  13
                                    MMS-0001, Lease
                                    Agreement, for
                                    consideration; execute
                                    lease.
1; 9.............................  Prepare and submit         100..........................  13...........................  1,300
                                    findings of initial
                                    survey activities (e.g.,
                                    geotechnical,
                                    geophysical, shallow
                                    hazard).
2; 20............................  Designate operator when    1............................  7............................  7
                                    more than one lessee;
                                    report change of address.
4................................  Request extension of       2............................  1............................  2
                                    lease term and
                                    supporting documentation.
7................................  Notify MMS 72 hrs prior    15 mins for each requirement   13...........................  7 (rounded)
                                    to commencement/           x 2 = 30 mins.
                                    termination of lease;
                                    Notify MMS when facility
                                    is back in service after
                                    being out of service for
                                    more than 7 days.
8; 9.............................  Submit plan/modification   100..........................  13...........................  1,300
                                    and supporting
                                    documentation.
8(d).............................  Request for                1............................  1............................  1
                                    reconsideration of
                                    modification. (Exempt as
                                    defined in 5 CFR
                                    1320.3(h)(9)).
10...............................  Submit quarterly progress  4............................  104 (26 leases x 4 progress    416
                                    reports.                                                  rpts per/year).
10...............................  Upon request, make         3............................  10...........................  30
                                    available all material
                                    used by lessee to
                                    interpret data.
10...............................  Submit final progress      4............................  4............................  16
                                    report upon conclusion
                                    of activities or
                                    termination of lease;
                                    retain all data of the
                                    lease term plus 3 years.
11...............................  Lessee and relevant third- 1............................  13...........................  13
                                    parties agree to
                                    confidential disclosure.
12...............................  Allow access and make      2............................  26...........................  52
                                    records available as
                                    requested by MMS
                                    inspectors; incorporate
                                    same requirement in any
                                    contract between lessee
                                    and third parties.
14; 15...........................  Demonstrate financial      4............................  15...........................  60
                                    worth/ability to carry
                                    out present and future
                                    financial obligations;
                                    submit bond/additional
                                    security information.
16...............................  Request assignment or      30 mins......................  5............................  3 (rounded)
                                    transfer of lease.
17...............................  Submit written             1............................  3............................  3
                                    relinquishment request.
18...............................  Submit report detailing    10...........................  3............................  30
                                    that lessee properly
                                    removed structures and
                                    restored the area.
19...............................  Incorporate                10 mins......................  40...........................  7 (rounded)
                                    nonprocurement debarment
                                    and suspension
                                    regulations in contracts
                                    and transactions.
 1-20............................  General departure and      10...........................  10...........................  100
                                    alternative compliance
                                    requests not
                                    specifically covered
                                    elsewhere in this form.
Exhibit(s).......................  Compliance with            5............................  40...........................  200
                                    individual stipulations
                                    on a case-by-case basis.
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    Total Burdens..........................................................................  334 Responses................  3,560 Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 December 14, 
2007, we published a Federal Register notice (72 FR 71152) announcing 
that we would submit this ICR to OMB for approval. The notice provided 
the required 60-day comment period. The Paperwork Reduction Act (5 
U.S.C.

[[Page 21365]]

1320) also informs the public that they may comment at any time on a 
collection of information. We received 10 comments, one of which was 
intended for a different Federal Register notice and irrelevant to this 
action. The other nine comments were considered, and where relevant and 
constructive, we made changes to the lease form. The majority of the 
comments were on MMS strategy and policies. After consideration of such 
comments, MMS has determined that changes are not needed in its 
strategy and policies. The respondents who submitted comments were: 
American Wind Energy Association (AWEA); Bluewater Wind; California 
Coastal Commission; Florida Power & Light Company; National Hydropower 
Association; Ocean Renewable Energy Coalition; Pacific Gas and Electric 
Company; Southern Company; Oregon Coastal Management Program; and 
Winergy Power, LLC.
    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. Although the OMB may take up to 60 days to approve or 
disapprove the information collection, it may make its decision in as 
few as 30 days. Therefore, to ensure maximum consideration, OMB should 
receive public comments by May 21, 2008.
    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.
    We are incorporating the lease form and the exhibit B versions 
(Technology testing and demonstration activities--Wave and/or current 
resources; Data collection activities --Wave and/or current resources; 
and Data collection activities--Wind resources) into this notice so 
respondents will be able to give MMS their specific comments on the 
paperwork burdens associated with the lease form. (Please note that 
exhibit A is not included here because it merely identifies the area of 
the lease provided by MMS to the respondent.)
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    Dated: March 26, 2008.
Randall B. Luthi,
Director, Minerals Management Service.
[FR Doc. E8-8391 Filed 4-18-08; 8:45 am]
BILLING CODE 4310-MR-P