[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57285-57286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23424]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement

[Docket No. BOEM-2010-0040]


BOEMRE Information Collection Activity: 1010-0172, Open and 
Nondiscriminatory Access to Oil and Gas Pipelines, Extension of a 
Collection; Comment Request

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), Interior.

ACTION: Notice of an extension of an information collection (1010-
0172).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), 
BOEMRE 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 30 CFR Part 291, Open and Nondiscriminatory 
Access to Oil and Gas Pipelines under the OCS Lands Act.

DATES: Submit written comments by November 19, 2010.

FOR FURTHER INFORMATION CONTACT: Arlene Bajusz, Policy and Management 
Improvement at (703) 787-1025. You may also contact Arlene Bajusz to 
obtain a copy, at no cost, of the information collection.

ADDRESSES: You may submit comments by either of the following methods 
listed below.
     Electronically: go to http://www.regulations.gov. In the 
entry titled Enter Keyword or ID, enter docket ID ``BOEM-2010-0040,'' 
then click search. Follow the instructions to submit public comments 
and view supporting and related materials available for this 
collection. The BOEMRE will post all comments.
     E-mail: [email protected]. Mail or hand-carry 
comments to the Department of the Interior; Bureau of Ocean Energy 
Management, Regulation and Enforcement; Attention: Arlene Bajusz; 381 
Elden Street, MS-4020; Herndon, Virginia 20170-4817. Please reference 
ICR 1010-0172 in your comment and include your name and return address.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 291, Open and Nondiscriminatory Access to Oil 
and Gas Pipelines under the OCS Lands Act.
    OMB Control Number: 1010-0172.
    Abstract: The Outer Continental Shelf (OCS) Lands Act (43 U.S.C. 
1331 et seq.), as amended, requires the Secretary of the Interior to 
preserve, protect, and develop OCS oil, gas, and sulphur resources; 
make such resources available to meet the Nation's energy needs; 
balance orderly energy resources development with protection of the 
human, marine, and coastal environments; ensure the public a fair and 
equitable return on the resources offshore; and preserve and maintain 
free enterprise competition.
    Section 1334(f)(1) states ``Except as provided in paragraph (2), 
every permit, license, easement, right-of-way, or other grant of 
authority for the transportation by pipeline on or across the Outer 
Continental Shelf of oil or gas shall require that the pipeline be 
operated in accordance with the following competitive principles: (A) 
The pipeline must provide open and nondiscriminatory access to both 
owner and non-owner shippers * * *.''
    These responsibilities are among those delegated to the BOEMRE, 
which replaced the Minerals Management Service (MMS) on June 18, 2010. 
In order to provide shippers with a methodology to file complaints 
alleging denial of access or that access is discriminatory access, the 
MMS promulgated regulations at 30 CFR Part 291. The BOEMRE will use the 
information submitted during the complaint process to determine whether 
the shipper has been denied such access or to initiate a more detailed 
investigation into the specific circumstances of the complainant's 
allegation. The complaint information will be provided to the alleged 
offending party. The BOEMRE may request additional information upon 
completion of the initial investigation.
    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 a benefit.
    Frequency: The frequency is on occasion.
    Description of Respondents: Shippers who do business on the OCS and 
companies that pay royalties on the OCS.
    Estimated Annual Reporting and Recordkeeping Hour Burden: The 
currently approved hour burden for this collection is 254 hours. Refer 
to the table below for a break down of the complete burden. This 
includes the time for reviewing instructions, gathering and maintaining 
data, and completing and reviewing the information.

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                                     Reporting amd recordkeeping                           Average number annual
        Citation 30 CFR 291                  requirement                Hour burden              responses
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105, 106, 108, 109, 111............  Submit complaint (with fee)  50....................  5.
                                      to BOEMRE and affected
                                      parties. Request
                                      confidential treatment and
                                      respond to BOEMRE decision.
                                                                  $7,500 processing fee.
106(b), 109........................  Request waiver or reduction  1.....................  4.
                                      of fee.
                                                                 -----------------------------------------------
104(b), 107, 111...................  Submit response to a         Information required after an investigation is
                                      complaint. Request             opened against a specific entity is exempt
                                      confidential treatment and           under the PRA (5 CFR 1320.4).
                                      respond to BOEMRE decision.
110................................  Submit required information
                                      for BOEMRE to make a
                                      decision.
                                                                 -----------------------------------------------
114, 115(a)........................  Submit appeal on BOEMRE
                                      final decision.
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    Estimated Annual Reporting and Recordkeeping Non-Hour Cost Burden: 
We have identified a ``non-hour'' cost burden of $37,500. The BOEMRE 
requires that shippers pay a nonrefundable fee of $7,500 for each 
complaint submitted to recover the Federal Government's processing 
costs.

[[Page 57286]]

    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.
    BOEMRE Information Collection Clearance Office: Arlene Bajusz (703) 
787-1025.

    Dated: September 13, 2010.
George F. Triebsch,
Associate Director, Policy and Management Improvement.
[FR Doc. 2010-23424 Filed 9-17-10; 8:45 am]
BILLING CODE 4310-MR-P