[Federal Register Volume 73, Number 98 (Tuesday, May 20, 2008)]
[Notices]
[Pages 29146-29151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11287]



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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2007-OMM-0063]


MMS Information Collection Activity: 1010-0151 (30 CFR 250, 
Subpart B) Plans and Information, Extension of a Collection; 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 (1010-0151).

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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 250, Subpart B, Plans and 
Information, and related documents. This notice also provides the 
public a second opportunity to comment on the paperwork burden of these 
regulatory requirements.

DATE: Submit written comments by June 19, 2008.

ADDRESSES: You should submit comments directly to the Office of 
Information and Regulatory Affairs, OMB, Attention: Desk Officer for 
the Department of the Interior (1010-0141), either by fax (202) 395-
6566 or e-mail ([email protected]).
    Please also send a copy to MMS by either of the following methods:
     http://www.regulations.gov. Under the tab ``More Search 
Options,'' click ``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-xxxx 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 1010-0151'' 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 250, Subpart B, Plans and Information.
    Forms: MMS-137, MMS-138, MMS-139, MMS-141, and MMS-142.
    OMB Control Number: 1010-0151.
    Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended 
(43 U.S.C. 1331 et seq., 31 U.S.C. 9701), 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. Sections 11 and 25 of the amended OCS Lands Act require 
the holders of OCS oil and gas or sulphur leases to submit exploration 
plans (EPs) or development and production plans (DPPs) to the Secretary 
for approval prior to commencing these activities. As a Federal agency, 
we have a continuing affirmative duty to comply with the Endangered 
Species Act (ESA). This includes a substantive duty to carry out any 
agency action in a manner that is not likely to jeopardize protected 
species as well as a procedural duty to consult with the Fish and 
Wildlife Service (FWS) and National Oceanic and Atmospheric 
Administration Fisheries (NOAA Fisheries) before engaging in a 
discretionary action that may affect a protected species.
    To provide supplementary guidance and procedures, MMS issues 
Notices to Lessees and Operators (NTLs) on a regional or national 
basis. Regulation 30 CFR 250.103 allows MMS to issue NTLs to clarify, 
supplement, or provide more detail about certain requirements.
    Regulations at 30 CFR part 250 subpart B, implement these statutory 
requirements. The MMS engineers, geologists, geophysicists, 
environmental scientists, and other Federal agencies analyze and 
evaluate the information and data collected under subpart B to ensure 
that planned operations are safe; will not adversely affect the marine, 
coastal, or human environment; and will conserve the resources of the 
OCS. We use the information to: (a) Report annually to NOAA Fisheries 
the effectiveness of mitigation, any adverse effects of the proposed 
action, and any incidental take, in accordance with 50 CFR 
402.14(i)(3), and (b) allow the Regional Supervisor to make an informed 
decision on whether to approve the proposed exploration or development 
and production plans as submitted, or whether modifications are 
necessary without the analysis and evaluation of the required 
information. The affected States also review the information collected 
for consistency with approved Coastal Zone Management (CZM) plans.
    Specifically, MMS uses the information to evaluate, analyze, 
determine, or ensure that:
     Ancillary activities comply with appropriate laws or 
regulations and are conducted safely, protect the environment, and do 
not interfere or conflict with the other uses of the OCS (i.e., 
military use, subsistence activity).
     Points of contact and responsible parties are designated 
for proposed activities.
     Surveying, monitoring, or other activities do not 
interfere or conflict with preexisting and other uses of the area.
     Plans or actions meet or implement lease stipulation 
requirements.
     Proposed exploration, drilling, production, and pipeline 
activities are conducted in a safe and acceptable manner for the 
location and water depth proposed and conserve reservoir energy to 
allow enhanced recovery operations in later stages of lease 
development.
     Unnecessary or incompatible facilities are not installed 
on the OCS.
     Shallow drilling hazards (such as shallow gas 
accumulations or mudslide areas) are avoided.
     Areas are properly classified for H\2\S, and appropriate 
procedures are in place.
     Appropriate oil spill planning measures and procedures are 
implemented.
     Expected meteorological conditions at the activity site 
are accommodated.
     Environmentally sensitive areas are identified, and the 
direct and cumulative effects of the activities are minimized.
     Offshore and onshore air quality is not significantly 
affected by the proposed activities.
     Waste disposal methods and pollution mitigation techniques 
are appropriate for local conditions.

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     State CZM requirements have been met.
     Archaeological or cultural resources are identified and 
protected from unreasonable disturbances.
     Socioeconomic effects of the proposed project on the local 
community and associated services have been determined.
     Support infrastructures and associated traffic are 
adequately covered in plans.
    The following forms used in the Gulf of Mexico Region (GOMR) are 
also submitted to MMS.
     Form MMS-137 (Plan Information Form) is submitted to 
summarize plan information.
     Forms MMS-138 (GOM Air Emission Calculations for 
Exploration Plans) and MMS-139 (GOM Air Emission Calculations for 
Development Operations Coordination Documents (DOCDs)) are submitted to 
standardize the way potential air emissions are estimated and approved 
as part of the OCS plan.
     MMS-141 (ROV Survey Report) is submitted to report the 
observations and information recorded from 2 sets of ROV monitoring 
surveys to identify high-density biological communities that may occur 
on the seafloor in deep water. We also use the information to help 
assess the effectiveness of avoidance criteria and expand the knowledge 
base regarding the benthic habitats of the deep water seafloor.
     MMS-142 (Environmental Impact Analysis Worksheet) is a 
fill in the blank form that is submitted to identify the environmental 
impact-producing factors (IPFs) for the listed environmental resources. 
We use the information to assess impact and determine compliance with 
the National Environmental Policy Act.
    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) and under regulations at 30 
CFR 250.197, ``Data and information to be made available to the public 
or for limited inspection.'' No items of a sensitive nature are 
collected. Responses are mandatory.
    Frequency: On occasion.
    Estimated Number and Description of Respondents: Approximately 130 
Federal OCS oil and gas lessees and operators.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
estimated annual ``hour'' burden for this information collection is a 
total of 291,414 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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    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified seven non-hour costs associated with this information 
collection. Four of these non-hour cost burdens are cost recovery fees. 
They consist of fees being submitted with EP's, DPP's or DOCD's, 
DWOP's, and CID's. There are also three non-hour cost burdens that are 
associated with the Protected Species Observer Program. The costs 
associated with this program are due to activities that are, for the 
most part, subcontracted to other service companies with expertise in 
these areas. To allow for in-house training by lessees/operators, we 
have retained a minimal hour burden in the burden table for the 
Protected Species Observer Program training requirement. Since all the 
observation duty and reporting would be done while on the vessel and by 
contractors, these requirements were calculated as non-hour burden 
costs. See the hours, fees, and costs in the burden table.
    We estimate that the annual non-hour cost burden is $4,853,530. 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 November 15, 
2007, we published a Federal Register notice (72 FR 64238) announcing 
that we would submit this ICR to OMB for approval. The notice provided 
the required 60-day comment period. In addition, 250.199 provides the 
OMB control number for the information collection requirements imposed 
by the 30 CFR 250 regulations and forms. The regulation also informs 
the public that they may comment at any time on the collections of 
information and provides the address to which they should send 
comments. We have 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. 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 19, 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.
    MMS Information Collection Clearance Officer: Arlene Bajusz, (202) 
208-7744.

    Dated: March 21, 2008.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E8-11287 Filed 5-19-08; 8:45 am]
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