[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Notices]
[Pages 39419-39432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16745]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement

[Docket ID No. BOEM-2011-0011]


Information Collection Activity: Plans and Information, Extension 
of a Collection; Comment Request

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), 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), 
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 the regulations of planned exploration, 
development, and production operations on the OCS, under Subpart B, 
Plans and Information.

DATES: Submit written comments by September 6, 2011.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and 
Standards Branch at (703) 787-1607. You may also contact Cheryl Blundon 
to obtain a copy, at no cost, of the regulations and the forms that 
require the subject collection of information.

ADDRESSES: You may submit comments by either of the following methods 
listed below.

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     Electronically: go to http://www.regulations.gov. In the 
entry titled ``Enter Keyword or ID,'' enter BOEM-2011-0011 then click 
search. Follow the instructions to submit public comments and view 
supporting and related materials available for this collection. 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: Cheryl Blundon; 381 
Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference 
ICR 1010-0151 in your comment and include your name and return address.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 250, Subpart B, Plans and Information.
    Form(s): 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.
    The Independent Offices Appropriations Act (31 U.S.C. 9701), the 
Omnibus Appropriations Bill (Pub. L. 104-133, 110 Stat. 1321, April 26, 
1996), and OMB Circular A-25, authorize Federal agencies to recover the 
full cost of services that confer special benefits. Under the 
Department of the Interior's (DOI) implementing policy, the Bureau of 
Ocean Energy Management, Regulation, and Enforcement (BOEM) is required 
to charge fees for services that provide special benefits or privileges 
to an identifiable non-Federal recipient above and beyond those which 
accrue to the public at large. Several requests for approval required 
in subpart B are subject to cost recovery, and BOEMRE regulations 
specify service fees for these requests.
    This authority and responsibility are among those delegated to the 
Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE). 
The regulations at 30 CFR part 250, subpart B, concern plans and 
information required while conducting activities on a lessee and/or 
operators lease and are the subject of this collection. This request 
also covers the related Notices to Lessees and Operators (NTLs) that 
BOEMRE issues to clarify, supplement, or provide additional guidance on 
some aspects of our regulations.
    BOEMRE 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, BOEMRE 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 H2S, 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.
     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 BOEMRE. The OMB approved these forms as part of the 
information collection for the current subpart B regulations. The 
BOEMRE forms are:
     MMS-0137 (Plan Information Form) is submitted to summarize 
plan information. Due to the Deepwater Horizon and Macondo well 
incident, we reevaluated procedures for reviewing blowout scenarios and 
worst case discharge. The revised form is printed at the end of this 
notice for your review and comment.
     MMS-0138 (GOM Air Emission Calculations for Exploration 
Plans) and MMS-0139 (GOM Air Emission Calculations for Development 
Operations Coordination Documents

[[Page 39421]]

(DOCDs)) are submitted to standardize the way potential air emissions 
are estimated and approved as part of the OCS plan. While both forms 
remain unchanged, the instructions for each have been revised, which 
would affect how information is to be calculated. The revised 
instructions for each form are printed at the end of this notice for 
your review.
     MMS-0141 (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.
     MMS-0142 (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.
    BOEMRE is also providing: Tips to Avoid Common Emissions 
Spreadsheet Errors and Instructions, which are printed at the end of 
this notice for your review.
    We will protect information considered proprietary under the 
Freedom of Information Act (5 U.S.C. 552) and its implementing 
regulations (43 CFR 2), 30 CFR 250.197, ``Data and information to be 
made available to the public or for limited inspection,'' and 30 CFR 
Part 252, ``Outer Continental Shelf (OCS) Oil and Gas Information 
Program.'' No items of a sensitive nature are collected. Responses are 
mandatory.
    Frequency: On occasion, weekly, monthly, semi-annually, annually, 
and varies by section.
    Description of Respondents: Potential respondents include Federal 
OCS oil, gas, and sulphur lessees and holders of pipeline rights-of-
way.
    Estimated Reporting and Recordkeeping Hour Burden: The currently 
approved annual reporting burden for this collection is 291,414 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
 Citation 30 CFR 250 subpart  Reporting & recordkeeping ----------------
         B and NTLs                  requirement          Non-hour costs
------------------------------------------------------------------------
200 thru 206................  General requirements for   0.
                               plans and information.
                               Burden included with
                               specific requirements
                               below.
201 thru 206; 211 thru 228:   BOEMRE posts on FDMS, EPs/ 0.
 241 thru 262;                 DPPs/DOCDs, and receives
                               public comments in
                               preparation of EAs. Not
                               considered IC as defined
                               in 5 CFR 1320.3(h)(4).
------------------------------------------------------------------------
                          Ancillary Activities
------------------------------------------------------------------------
208 NTL.....................  Notify BOEMRE and other    10.
                               users of the OCS before
                               conducting ancillary
                               activities.
210(a)......................  Submit report summarizing  1.
                               & analyzing data/
                               information obtained or
                               derived from ancillary
                               activities.
210(b)......................  Retain ancillary           2.
                               activities data/
                               information; upon
                               request, submit to
                               BOEMRE.
------------------------------------------------------------------------
                   Contents of Exploration Plans (EP)
------------------------------------------------------------------------
211 thru 228; 209; NTL 2010   Submit EP and all          659.25.
 N-06, and other NTLs.         required information      $3,442 for ea
                               (including, but not        EP*.
                               limited to, submissions   AKOCS--1,000.
                               required by BOEMRE forms
                               MMS-137, MMS-138, MMS-
                               142 used in GOMR,
                               withdrawals; lease
                               stipulations; reports;
                               H2S; G&G etc.) and
                               provide notifications.
------------------------------------------------------------------------
    Seismic Survey Mitigation Measures and Protected Species Observer
                                 Program
------------------------------------------------------------------------
211 thru 228: 241 thru 262;   Submit to BOEMRE observer  \1/2\ hour.
 NTLs.                         training requirement
                               materials and
                               information.
                              Training certification     \1/2\ hour.
                               and recordkeeping.
                              If used, submit to BOEMRE  1 hour.
                               information on any
                               passive acoustic
                               monitoring system prior
                               to placing it in service.
                              Submit to BOEMRE marine    345 hours**.
                               mammal observation
                               report(s) (this includes
                               observer duty and
                               training and are the
                               occasional activities
                               done in-house and not
                               subcontracted out.).
                              Observer training*** (in-  8 hours.
                               house training is in      $37.50/hr.
                               hours--contracted out
                               training is in non- hour
                               cost burdens).
                              Observation Report/Form..  $10,400.
                              Observation Duty (3        $52/hr.
                               observers fulfilling an
                               8 hour shift ea for 365
                               calendar days x 4
                               vessels = 35,040 man-
                               hours).
------------------------------------------------------------------------
                        Protected Species Report
------------------------------------------------------------------------
211 thru 228: 241 thru 262;   Submit injured/dead        \1/2\ hour.
 NTLs.                         protected species
                               report..
------------------------------------------------------------------------
                 Trash and Debris Awareness/Elimination
------------------------------------------------------------------------
211 thru 228: 241 thru 262;   Submit request for         \1/2\ hour.
 NTLs.                         training video.
                              Submit annual report to    \1/2\ hour.
                               BOEMRE on training
                               process and
                               certification.
                              Training recordkeeping...  \1/2\ hour.

[[Page 39422]]

 
                              Post placards on vessels   0.
                               and structures (exempt
                               from information
                               collection burden
                               because BOEMRE is
                               providing exact language
                               for the trash and debris
                               warning, similar to the
                               ``Surgeon General's
                               Warning'' exemption).
------------------------------------------------------------------------
                 Review and Decision Process for the EP
------------------------------------------------------------------------
231(b); 232(d); 234; 235;     Submit amended, modified,  120.
 281(d)(3); 283; 284; 285;     revised, or supplemental
 NTL 2010 N-06.                EP, or resubmit
                               disapproved EP; withdraw
                               your EP.
235(b); 272(b);               Appeal State's objection   0.
 281(d)(3)(ii).                [burden exempt as
                               defined in 5 CFR
                               1320.4(a)(2), (c)].
------------------------------------------------------------------------
   Contents of Development and Production Plans (DPP) and Development
                Operations Coordination Documents (DOCD)
------------------------------------------------------------------------
241 thru 262; 209; NTL 2010   Submit DPP/DOCD and        690.
 N-06, and others.             accompanying/supporting   $3,971 for ea
                               information (including,    DPP or DOCD.
                               but not limited to,       AKOCS--1,700.
                               submissions required by
                               BOEMRE forms MMS-0137,
                               MMS-0139, MMS-0142 used
                               in GOMR; lease
                               stipulations;
                               withdrawals, etc.);
                               provide notifications.
------------------------------------------------------------------------
             Review and Decision Process for the DPP or DOCD
------------------------------------------------------------------------
266(b); 267(d); 272(a); 273;  Submit amended, modified,  95.
 283; 284; 285; 209; NTL       revised, or supplemental  POCS-680.
 2010 N-06.                    DPP or DOCD, or resubmit
                               disapproved DPP or DOCD.
267(a)......................  Once BOEMRE deemed DPP/    1.
                               DOCD submitted; Governor
                               of each affected State,
                               local government
                               official; etc., submit
                               comments/recommendations.
267(b)......................  General public comments/   0.
                               recommendations
                               submitted to BOEMRE re
                               DPPs or DOCDs. Not
                               considered IC as defined
                               in 5 CFR 1320.3(h)(4).
269(b)......................  Submit information on      2.
                               preliminary plans for
                               leases or units in
                               vicinity of proposed
                               development and
                               production activities.
------------------------------------------------------------------------
          Post-Approval Requirements for the EP, DPP, and DOCD
------------------------------------------------------------------------
280(b)......................  Request departure from     0.
                               your approved EP, DPP,
                               or DOCD [burden covered
                               under 1010-0114].
281(a)......................  Submit various             0.
                               applications [burdens
                               included under
                               appropriate subpart or
                               form (1010-0050; 1010-
                               0059; 1010-0141; 1010-
                               0149)].
282.........................  Retain monitoring data/    2.
                               information.
                              Submit monitoring plans..  1.
282(b)......................  Submit monitoring reports  2.
                               and data (including form
                               MMS-0141 used in GOMR).
------------------------------------------------------------------------
    Submit DWOPs, CIDs, and Departure/Alternative Compliance Requests
------------------------------------------------------------------------
287 thru 295................  Submit DWOP and            750.
                               accompanying/supporting   $3,336 for ea
                               information.               DWOP.
296 thru 298................  Submit CID and             443.
                               accompanying/supporting   $25,629 for ea
                               information.               CID.
200 thru 299................  General departure and      2.
                               alternative compliance
                               requests not
                               specifically covered
                               elsewhere in subpart B
                               regulations.
------------------------------------------------------------------------
* You may have multiple locations and/or wells for each EP, EPP, or
  DOCD.
** Hours are based on 14 days of observing, attending a training
  session, and writing report(s).
*** Allowed minimal hour burden for in-house training.
Note: The non-hour cost burdens associated with EPs, DPPs or DOCDs,
  DWOPs, and CIDs relate to cost recovery fees. These fees are based on
  actual monies received in FY2010 thru the Pay.gov system.

    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 EPs ($3,442), DPPs or DOCDs 
($3,971), DWOPs ($3,336), and CIDs ($25,629). 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 the potential in-
house reporting by lessees/operators, we have retained a minimal hour 
burden in the table.
    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: Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A) requires each agency ``* * * to provide notice * * * and 
otherwise consult

[[Page 39423]]

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. Revised Form BOEMRE-0137 follows:
BILLING CODE 4310-MR-P

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

    Dated: June 28, 2011.
Doug Slitor,
Acting Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2011-16745 Filed 7-5-11; 8:45 am]
BILLING CODE 4310-MR-C