[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60856-60862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25262]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement

[Docket ID: BOEM-2011-0011; OMB Number 1010-0151]


Information Collection Activities; Plans and Information; 
Submitted for OMB Review; Comment Request

ACTION: 30-day notice.

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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 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.

DATES: Submit written comments by October 31, 2011.

ADDRESSES: Submit comments by either fax (202) 395-5806 or e-mail 
([email protected]) directly to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for the Department of 
the Interior (1010-0151). Please also submit a copy of your comments to 
BOEMRE by any of the means below.
     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: 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.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and 
Standards Branch, (703) 787-1607. To see a copy of the entire ICR 
submitted to OMB, go to http://www.reginfo.gov (select Information 
Collection Review, Currently Under Review). 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: BOEMRE forms 0137, 0138, 0139, 0141, and 0142.
    OMB Control Number: 1010-0151.
    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 to prescribe rules and regulations to 
administer leasing of mineral resources on the OCS. Such rules and 
regulations will apply to all operations conducted under a lease, 
right-of-use and easement, or unit. 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) and 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. Several requests 
for approval required in subpart B are subject to cost recovery, and 
BOEMRE regulations specify service fees for these requests.
    Regulations implementing these responsibilities are under 30 CFR 
part 250, subpart B. Responses are mandatory. No questions of a 
sensitive nature are asked. BOEMRE will protect information considered 
proprietary under the Freedom of Information Act (5 U.S.C. 552), under 
regulations at 30 CFR 250.197, ``Data and information to be made 
available to the public or for limited inspection,'' and 30 CFR part

[[Page 60857]]

252, ``Outer Continental Shelf (OCS) Oil and Gas Information Program.''
    BOEMRE and other Federal agencies (e.g., FWS, NOAA Fisheries, etc.) 
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) 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 
to determine consistency with approved Coastal Zone Management (CZM) 
plans, and (b) 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).
    Respondents are required to submit several BOEMRE forms: 0137 (Plan 
Information Form) is submitted to summarize plan information and we use 
the information to assist in data entry and review of submitted OCS 
plans; 0138 (GOM Air Emission Calculations for Exploration Plans), and, 
0139 (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. BOEMRE uses the data from these forms to determine the effect of 
air emissions on the environment; 0141 (ROV Survey Report) is submitted 
to report the observations and information recorded from two sets of 
ROV monitoring surveys to identify high-density benthic communities 
that may occur on the seafloor in deep water; and 0142 (Environmental 
Impact Analysis Worksheet) is submitted to identify the environmental 
impact-producing factors (IPFs) for the listed environmental resources. 
We use the information to help assess impacts and determine compliance 
with the National Environmental Policy Act.
    Also, per Secretarial Orders 3299 and 3022, on October 1, 2011, the 
oil, gas, and renewable energy-related management functions of BOEMRE 
will be transferred to a new bureau, Bureau of Ocean Energy Management 
(BOEM). Therefore, after October 1, the forms associated with this 
collection will be designated as BOEM forms; e.g., BOEMRE Form 0137 
will be designated as BOEM-0137.
    Frequency: On occasion, semi-monthly, and varies by section.
    Description of Respondents: Potential respondents comprise Federal 
oil, gas, or sulphur lessees and/or operators.
    Estimated Reporting and Recordkeeping Hour Burden: The estimated 
annual hour burden for this information collection is a total of 
190,480 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 four non-hour costs associated with this information 
collection that are cost recovery fees. They consist of fees being 
submitted with EP's ($3,442), DPP's or DOCD's ($3,971), DWOP's 
($3,336), and CID's ($25,629). There is also one non-hour cost burden 
associated with the Protected Species Observer Program. The cost 
associated with this program is due to observation activities that are 
usually subcontracted to other service companies with expertise in 
these areas. Since all of the observation duty and reporting would be 
done while on the vessel and by contractors, these requirements were 
calculated as non-hour cost burdens. We estimate that the annual total 
non-hour cost burden is $3,597,157, and 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 July 6, 2011, we 
published a Federal Register notice (76 FR 39419) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  250.199 provides the 
OMB control number for the information collection requirements imposed 
by the 30 CFR 250 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 received two comments in response to the Federal Register 
notice. The first comment, from the Marine Mammal Commission, supported 
our request to OMB. The second comment, from the Center for Regulatory 
Effectiveness, requested that we should state that we are not 
submitting any ICRs for seismic regulations that are more stringent 
than current regulations, including NTL 2007-G02. Response: For the 
renewal of this ICR, we are not requesting anything more stringent than 
in current NTL 2007-G02 and 30 CFR part 250, subpart B regulations, 
which are covered under OMB Control Number 1010-0151. We have no plans, 
at this time, to change the content of or the resultant burdens imposed 
by NTL 2007-G02. Therefore, BOEMRE should move forward with the 
required information collection to ensure compliance with OMB 
deadlines. If the lawsuit settlement or resulting decree requires 
changes to the NTL and/or DOI regulations, information collection 
coordination and OMB approval will occur before any NTL is reissued or 
regulations are promulgated.
    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

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disapprove the information collection but may respond after 30 days. 
Therefore, to ensure maximum consideration, OMB should receive public 
comments by October 31, 2011.
    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.
    BOEMRE Information Collection Clearance Officer: Arlene Bajusz 
(703) 787-1025.

    Dated: September 22, 2011.
Amy C. White,
Acting Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2011-25262 Filed 9-29-11; 8:45 am]
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