[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74519-74521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29032]


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

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; 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).

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

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 280, ``Prospecting for 
Minerals other than Oil, Gas, and Sulphur on the Outer Continental 
Shelf,'' 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 January 7, 2009.

ADDRESSES: You should submit comments directly to the Office of 
Information and Regulatory Affairs, OMB, Attention: Desk Officer for 
the Department of the Interior (1010-0072), 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 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. Submit comments to regulations.gov by 
January 7, 2009. 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 form that requires 
the subject collection of information.

SUPPLEMENTARY INFORMATION: 
    Title: 30 CFR 280, Prospecting for Minerals other than Oil, Gas, 
and Sulphur on the Outer Continental Shelf.
    Form: MMS-134.
    OMB Control Number: 1010-0072.
    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. 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 explorations in the 
[O]uter 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.''

[[Page 74520]]

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 do not disturb a 
site, structure, or object of historical or archaeological 
significance.
    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.
    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, 
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 
2). The MMS uses the information: (1) To ensure there is no 
environmental degradation, personal harm or unsafe operations and 
conditions; (2) the activities do not damage historical or 
archaeological sites or interfere with other uses; (3) to analyze and 
evaluate preliminary or planned drilling activities; (4) to monitor 
progress and activities in the OCS; (5) to acquire G&G data and 
information collected under a Federal permit offshore; and (6) 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.
    Frequency: On occasion, annual; and as required in the permit.
    Estimated Number and Description of Respondents: Approximately 3 
permittees/respondents.
    Estimated Reporting and Recordkeeping Hour Burden: The estimated 
annual hour burden for this information collection is a total of 116 
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.

 
----------------------------------------------------------------------------------------------------------------
                                                                             Non-hour cost burden
                                         Reporting and      ----------------------------------------------------
     Citation 30 CFR part 280            recordkeeping                        Average number of    Annual burden
                                         requirements          Hour burden     annual responses        hours
----------------------------------------------------------------------------------------------------------------
10; 11(a); 12; 13; Permit Form...  Apply for permit (Form                 8  3 permits..........              24
                                    MMS-134) to conduct
                                    prospecting or G&G
                                    scientific research
                                    activities, including
                                    prospecting/scientific
                                    research plan and
                                    environmental
                                    assessment or required
                                    drilling plan.
----------------------------------------------------------------------------------------------------------------
                                         $2,012 permit application fee x 3 permits = $6,036
----------------------------------------------------------------------------------------------------------------
11(b); 12(c).....................  File notice to conduct                 8  3 notices..........              24
                                    scientific research
                                    activities related to
                                    hard minerals,
                                    including notice to MMS
                                    prior to beginning and
                                    after concluding
                                    activities.
21(a)............................  Report to MMS if                       1  1 report...........               1
                                    hydrocarbon/other
                                    mineral occurrences or
                                    environmental hazards
                                    are detected or adverse
                                    effects occur.
22...............................  Request approval to                    1  1 request..........               1
                                    modify operations.
23(b)............................  Request reimbursement                  1  3 requests.........               3
                                    for expenses for MMS
                                    inspection.
24...............................  Submit status and final                8  4 reports..........              32
                                    reports on specified
                                    schedule.
28...............................  Request relinquishment                 1  *1 relinquishment..              *1
                                    of permit.
31(b); 73........................  Governor(s) of adjacent                1  3 submissions......               3
                                    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                0
                                                        CFR 1320.4(a)(2), (c)
----------------------------------------------------------------------------------------------------------------
40; 41; 50; 51; Permit Form......  Notify MMS and submit                  4  3 submissions......              12
                                    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                     1/3  3 notices..........               1
                                    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  1 notice...........               1
                                    transactions.

[[Page 74521]]

 
60; 61(a)........................  Request reimbursement                  1  *1 request.........              *1
                                    for costs of
                                    reproducing data/
                                    information & certain
                                    processing costs.
72(b)............................  Submit in not less than                1  3 responses........               3
                                    5 days comments on MMS
                                    intent to disclose data/
                                    information.
72(d)............................  Contractor submits                     1  3 submissions......               3
                                    written commitment not
                                    to sell, trade,
                                    license, or disclose
                                    data/information.
Part 280.........................  General departure and                  2  1 request..........               2
                                    alternative compliance
                                    requests not
                                    specifically covered
                                    elsewhere in part 280
                                    regulations.
Permits**........................  Request extension of                   1  1 extension........               1
                                    permit time period.
Permits**........................  Retain G&G data/                       1  3 respondents......               3
                                    information for 10
                                    years and make
                                    available to MMS upon
                                    request.
----------------------------------------------------------------------------------------------------------------
                                                                             38 responses.......             116
                                  ------------------------------------------------------------------------------
    Total Burden.......................(1) $6,036 Non-Hour Cost Burdens....
----------------------------------------------------------------------------------------------------------------
* NOTE: No requests received for many years. Minimal burden for regulatory (PRA) purposes only.
** These permits are prepared by MMS and sent to respondents; therefore, the forms themselves do not incur
  burden hours.

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified one non-hour cost burden for this collection. When 
respondents submit an application for permit (Form MMS-134, Application 
for Permit to Conduct Geological or Geophysical Prospecting) to conduct 
prospecting or G&G scientific research activities, they submit a $2,012 
fee. Refer to the chart to see these specific fee breakdowns. 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 June 9, 2008, we 
published a Federal Register notice (73 FR 32595) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  280.80 provides the 
OMB control number for the information collection requirements imposed 
by the 30 CFR 280 regulations and form. 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 
January 7, 2009.
    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: October 6, 2008.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E8-29032 Filed 12-5-08; 8:45 am]
BILLING CODE 4310-MR-P