[Federal Register Volume 73, Number 111 (Monday, June 9, 2008)]
[Notices]
[Pages 32595-32597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12809]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2008-OMM-0028]


MMS Information Collection Activity: 1010-0072 Prospecting for 
Minerals other than Oil, Gas and Sulphur in the Outer Continental 
Shelf, Extension of an Information 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 (1010-0072).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS 
is inviting comments on a collection of information that we will submit 
to the Office of Management and Budget (OMB) for review and approval. 
The information collection request (ICR) concerns the paperwork 
requirements in the regulations under 30 CFR part 280, ``Prospecting 
for Minerals Other than Oil, Gas, and Sulphur on the Outer Continental 
Shelf.''

DATES: Submit written comments by August 8, 2008.

ADDRESSES: You may submit comments by either of the following methods 
listed below.
     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-
0028 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 1010-0072'' 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 the form that 
requires the subject collection of information.

[[Page 32596]]


SUPPLEMENTARY INFORMATION:
    Title: 30 CFR part 280, Prospecting for Minerals Other than Oil, 
Gas, and Sulphur on the Outer Continental Shelf.
    OMB Control Number: 1010-0072.
    Form: MMS-134.
    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. 
Section 1337(k) of the OCS Lands Act authorizes the Secretary ``* * * 
to grant to the qualified persons offering the highest cash bonuses on 
a basis of competitive bidding leases of any mineral other than oil, 
gas, and sulphur in any area of the outer Continental Shelf not then 
under lease for such mineral upon such royalty, rental, and other terms 
and conditions as the Secretary may prescribe at the time of offering 
the area for lease.'' An amendment to the OCS Lands Act (Pub. L. 103-
426) authorizes the Secretary to negotiate agreements (in lieu of the 
previously required competitive bidding process) for the use of OCS 
sand, gravel, and shell resources for certain specified types of public 
uses. The specified uses will support construction of governmental 
projects for beach nourishment, shore protection, and wetlands 
enhancement; or any project authorized by the Federal Government.
    Section 1340 states that ``* * * any person authorized by the 
Secretary may conduct geological and geophysical [G&G] explorations in 
the outer Continental Shelf, which do not interfere with or endanger 
actual operations under any lease maintained or granted pursuant to 
this Act, and which are not unduly harmful to aquatic life in such 
area.'' The section further requires that permits to conduct such 
activities may only be issued if it is determined that the applicant is 
qualified; the activities are not polluting, hazardous, or unsafe; they 
do not interfere with other users of the area; and they do not disturb 
a site, structure, or object of historical or archaeological 
significance. Respondents are required to submit form MMS-134 to 
provide the information necessary to evaluate their qualifications.
    Section 1352 further requires that certain costs be reimbursed to 
the parties submitting required G&G information and data. Under the 
Act, permittees are to be reimbursed for the costs of reproducing any 
G&G data required to be submitted. Permittees are to be reimbursed also 
for the reasonable cost of processing geophysical information required 
to be submitted when processing is in a form or manner required by the 
Director and is not used in the normal conduct of the business of the 
permittee.
    The MMS OCS Regions collect information required under part 280 to 
ensure there is no environmental degradation, personal harm or unsafe 
operations and conditions, damage to historical or archaeological 
sites, or interference with other uses; to analyze and evaluate 
preliminary or planned drilling activities; to monitor progress and 
activities in the OCS; to acquire G&G data and information collected 
under a Federal permit offshore; and to determine eligibility for 
reimbursement from the Government for certain costs.
    Respondents are required to submit form MMS-134 to provide the 
information necessary to evaluate their qualifications. The information 
is necessary for MMS to determine if the applicants for permits or 
filers of notices meet the qualifications specified by the Act. The MMS 
uses the information collected to understand the G&G characteristics of 
hard mineral-bearing physiographic regions of the OCS. It aids MMS in 
obtaining a proper balance among the potentials for environmental 
damage, the discovery of hard minerals, and adverse impacts on affected 
coastal states. Information from permittees is necessary to determine 
the propriety and amount of reimbursement.
    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 30 CFR 280.70 and 
applicable sections of 30 CFR parts 250 and 252, and the Freedom of 
Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR 
part 2).
    Frequency: On occasion, annual; and as required in the permit.
    Estimated Number and Description of Respondents: Approximately one 
hard mineral permittee or one notice filer at any given time and one 
affected State.
    Estimated Reporting and Recordkeeping Hour Burden: The currently 
approved annual reporting burden for this collection is 109 hours. The 
following chart details the individual components and respective hour 
burden estimates of this ICR. 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.

------------------------------------------------------------------------
                                                            Hour burden
                                      Reporting and      ---------------
    Citation 30 CFR part 280          recordkeeping        Non-hour cost
                                       requirements           burden
------------------------------------------------------------------------
10; 11(a); 12; 13; Permit Form.  Apply for permit (form                8
                                  MMS-134) to conduct
                                  prospecting or G&G
                                  scientific research
                                  activities, including
                                  prospecting/scientific
                                  research plan and
                                  environmental
                                  assessment or required
                                  drilling plan.
11(b); 12(c)...................  File notice to conduct                8
                                  scientific research             $1,900
                                  activities related to
                                  hard minerals,
                                  including notice to
                                  MMS prior to beginning
                                  and after concluding
                                  activities.
21(a)..........................  Report to MMS if                      1
                                  hydrocarbon/other
                                  mineral occurrences or
                                  environmental hazards
                                  are detected or
                                  adverse effects occur.
22.............................  Request approval to                   1
                                  modify operations.
23(b)..........................  Request reimbursement                 1
                                  for expenses for MMS
                                  inspection.
24.............................  Submit status and final               8
                                  reports on specified
                                  schedule.
28.............................  Request relinquishment                1
                                  of permit.
31(b); 73......................  Governor(s) of adjacent               1
                                  State(s) submissions
                                  to MMS: Comments on
                                  activities involving
                                  an environmental
                                  assessment; request
                                  for proprietary data,
                                  information, and
                                  samples; and
                                  disclosure agreement.
                                ----------------------------------------
33, 34.........................    Appeal penalty, order, or decision--
                                        burden covered under 5 CFR
                                             1320.4(a)(2), (c)
                                ----------------------------------------

[[Page 32597]]

 
40; 41; 50; 51; Permit Form....  Notify MMS and submit                 4
                                  G&G data/information
                                  collected under a
                                  permit and/or
                                  processed by
                                  permittees or 3rd
                                  parties, including
                                  reports, logs or
                                  charts, results,
                                  analyses,
                                  descriptions, etc.
                                ----------------------------------------
42(b); 52(b)...................       Advise 3rd party recipient of
                                      obligations. Part of licensing
                                       agreement between parties; no
                                             submission to MMS
                                ----------------------------------------
42(c), 42(d); 52(c), 52(d).....  Notify MMS of 3rd party               1
                                  transactions.
60; 61(a)......................  Request reimbursement                20
                                  for costs of
                                  reproducing data/
                                  information & certain
                                  processing costs.
72(b)..........................  Submit in not less than               1
                                  5 days comments on MMS
                                  intent to disclose
                                  data/information.
72(d)..........................  Contractor submits                    1
                                  written commitment not
                                  to sell, trade,
                                  license, or disclose
                                  data/information.
Part 280.......................  General departure and                 2
                                  alternative compliance
                                  requests not
                                  specifically covered
                                  elsewhere in part 280
                                  regulations.
Permit Form....................  Request extension of                  1
                                  permit time period.
Permit Form....................  Retain G&G data/                      1
                                  information for 10
                                  years and make
                                  available to MMS upon
                                  request.
------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have 
identified one non-hour cost burden for this collection. In Sec.  
280.12, respondents are required to pay $1,900 to file a notice to 
conduct research activities related to hard minerals. We have 
identified no other non-hour cost burdens.
    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: Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A) 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.
    Agencies must also estimate the ``non-hour cost'' burdens to 
respondents or recordkeepers resulting from the collection of 
information. Therefore, if you have costs to generate, maintain, and 
disclose this information, you should comment and provide your total 
capital and startup cost components or annual operation, maintenance, 
and purchase of service components. You should describe the methods you 
use to estimate major cost factors, including system and technology 
acquisition, expected useful life of capital equipment, discount 
rate(s), and the period over which you incur costs. Capital and startup 
costs include, among other items, computers and software you purchase 
to prepare for collecting information, monitoring, and record storage 
facilities. You should not include estimates for equipment or services 
purchased: (i) Before October 1, 1995; (ii) to comply with requirements 
not associated with the information collection; (iii) for reasons other 
than to provide information or keep records for the Government; or (iv) 
as part of customary and usual business or private practices.
    We will summarize written responses to this notice and address them 
in our submission for OMB approval. As a result of your comments, we 
will make any necessary adjustments to the burden in our submission to 
OMB.
    Public Comment Procedures: 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: June 2, 2008.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E8-12809 Filed 6-6-08; 8:45 am]
BILLING CODE 4310-MR-P