[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Notices]
[Pages 28502-28504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11003]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2008-OMM-0025]


MMS Information Collection Activity: 1010-0170 Coastal Impact 
Assistance Program (CIAP), Revision of a Collection; Submitted for 
Office of Management and Budget (OMB) Review; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of a revised information collection (1010-0170).

-----------------------------------------------------------------------

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 revise an approval of the paperwork 
requirements that address the MMS's Coastal Impact Assistance Program 
(CIAP) which is a grant program. This notice also provides the public a 
second opportunity to comment on the paperwork burden of these 
requirements.

[[Page 28503]]


DATES: Submit written comments by June 16, 2008.

ADDRESSES: You may submit comments by any either of the following 
methods listed below.
     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 (1010-0170).
     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-2008-OMM-
0025 to submit public comments and to view supporting and related 
materials available for this rulemaking. 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. The 
MMS will post all comments.
     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 1010-0170'' 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 ICR and the authority that 
requires the subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: Coastal Impact Assistance Program.
    OMB Control Number: 1010-0170.
    Abstract: With the passage of the Energy Policy Act of 2005 
(EPAct), the Minerals Management Service (MMS) was given responsibility 
for the Coastal Impact Assistance Program (CIAP) through the amendment 
of section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a 
Appendix A). The following requirements from this amendment necessitate 
the collection of information.

    (d) AUTHORIZED USES.--
    (1) IN GENERAL.--A producing State or coastal political 
subdivision shall use all amounts received under this section, 
including any amount deposited in a trust fund that is administered 
by the State or coastal political subdivision and dedicated to uses 
consistent with this section, in accordance with all applicable 
Federal and State law, only for 1 or more of the following purposes:
    (A) Projects and activities for the conservation, protection, or 
restoration of coastal areas, including wetland.
    (B) Mitigation of damage to fish, wildlife, or natural 
resources.
    (C) Planning assistance and the administrative costs of 
complying with this section.
    (D) Implementation of a federally-approved marine, coastal, or 
comprehensive conservation management plan.
    (E) Mitigation of the impact of outer Continental Shelf 
activities through funding of onshore infrastructure projects and 
public service needs.
    (2) COMPLIANCE WITH AUTHORIZED USES.--If the Secretary 
determines that any expenditure made by a producing State or coastal 
political subdivision is not consistent with this subsection, the 
Secretary shall not disburse any additional amount under this 
section to the producing State or the coastal political subdivision 
until such time as all amounts obligated for unauthorized uses have 
been repaid or reobligated for authorized uses.
    (3) LIMITATION--Not more than 23 percent of amounts received by 
a producing State or coastal political subdivision for any 1 fiscal 
year shall be used for the purposes described* * *

    In September 2006, CIAP draft guidelines were written which were 
then amended. As this program has evolved and developed, more 
information needs to be submitted by the government jurisdictions to 
meet all the requirements of the CIAP State Plan Guidelines as well as 
requirements on the procurement contracts. Responses are mandatory or 
required to obtain or retain a benefit. No questions of a ``sensitive'' 
nature are asked. The MMS protects information considered proprietary 
according to the Freedom of Information Act (5 U.S.C. 552) and its 
implementing regulations (43 CFR 2).
    In order to receive funds, according to the EPAct, the states must 
submit CIAP State Plans that contain required components including an 
implementation plan of the state's program and identification of the 
proposed use of CIAP funds. The identification will be brief 
descriptions of the proposed projects. Upon approval, recipients will 
be able to submit grant applications for a project. Applicants submit 
proposals for funding in response to a Notice of Funding Availability 
that we publish on Grants.gov and on our program web pages. Proposals 
are submitted through Grants.gov, e-mail, or mail. An application 
consists of OMB required forms for grants; a detailed project 
description or narrative to demonstrate that the project has maintained 
the integrity of the brief description in the Plan and still meets 
EPAct criteria; and documentation such as Federal, State, or local 
government required permits with which the recipient is stating it has 
met Federal, State, or local laws.
    Once an application for a project is approved, the MMS is required 
to monitor the projects to determine that the CIAP funds are being used 
for appropriate expenses. The monitoring will be achieved through the 
grant regulations that require, at a minimum, a recipient to provide an 
annual progress and financial status reports. Recipients are evaluated 
by contracting officers via Grants.gov application efforts. The 
recipients that are determined by the evaluations to likely have 
difficulties in implementing and managing the CIAP funded projects will 
be required to submit semi-annual reports. Once the recipient has 
demonstrated the ability to implement and manage their projects, the 
requirement can be returned to annual reports.
    The MMS needs the information required so that technical experts 
can determine how well it addresses the requirements identified in the 
authorizing EPAct legislation and monitor the projects to meet specific 
requirements.
    Frequency: Submissions are annually, bi-annually, or specific to 
the requirement which is usually on occasion.
    Estimated Number and Description of Respondents: Approximately 73 
total respondents. This includes 6 states and 67 boroughs, parishes, 
etc.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 13,339 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 28504]]



----------------------------------------------------------------------------------------------------------------
   CIAP reporting and/or recordkeeping                       Average No. of annual
               requirement                  Hour burden            reponses               Annual burden hours
----------------------------------------------------------------------------------------------------------------
Submit Project Narrative................              42  192 projects..............   8,064
Submit annual Performance Reports.......               8  192 reports...............   1,536
Submit bi-annual performance reports....               8  192 reports...............   1,536
Notify MMS in case of delays, adverse                  8  45 notifications..........   360
 conditions, etc., which impair ability
 to meet objectives of the award
 including statement of action take or
 contemplated or assistance required
 (included non-construction and
 construction grants).
Request termination and supporting                     6  7 requests................  42
 information \*\.
Retain all records/documentation for 3                .5  192 projects..............   96
 years \*\.
Retain records longer than 3 years if     Exempt under 5 CFR 1320.4(a)(2), (c)        0
 they relate to claim, audit,
 litigation, etc.
Telephone follow-up discussion on                      8  76 discussions............   608
 Financial Capabilities.
Develop language and individual signage                8  30 signs..................   240
 at CIAP Sites--Estimated 30
 construction projects with temp signs
 initially--permanent signs 2-4years \*\.
Submission of photographs/cds of                       4  200 projects..............  800
 projects for tracking purposes \*\.
Voluntarily submit draft Coastal Impact                1  4 plans...................   4
 Assistance Plan with appropriate
 supporting documentation.
Submit final Coastal Impact Assistance                 1  4 plans...................   4
 Plan and all supporting documentation
 (i.e., Governor's certification of
 public participation; Appendices C, D,
 and E).
Request delay by states for submitting                 1  1 request.................   1
 final plan, with relevant data.
Request minor changes and/or amendments                8  6 requests................   48
 to a plan.
                                         -----------------------------------------------------------------------
    Subtotal............................  ..............  1,141 Responses...........  13,339
----------------------------------------------------------------------------------------------------------------
\*\ Initially determined that this will be minimal burden until more respondents are actively involved in a CIAP
  project.

    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 February 11, 
2008, we published a Federal Register notice (73 FR 7759) outlining the 
collection of information and announcing that we would submit this ICR 
to OMB for approval. The notice provided the required 60-day comment 
period. We have received no comments in response to this effort.
    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. The 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 June 16, 2008.
    Public Comment Procedures: Before including your address, phone 
number, email 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: April 21, 2008.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E8-11003 Filed 5-15-08; 8:45 am]
BILLING CODE 4310-MR-P