[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47723-47746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18923]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[OMB Control Number 1010-0106; MMAA104000]


Information Collection: Forms for Oil Spill Financial 
Responsibility for Offshore Facilities; Proposed Collection for OMB 
Review; Comment Request

ACTION: 60-day notice.

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), the 
Bureau of Ocean Energy Management (BOEM) is inviting comments on the 
proposed revision of forms associated with 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 forms used for paperwork requirements under 30 CFR 553, Oil Spill 
Financial Responsibility for Offshore Facilities.

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DATES: Submit written comments by October 7, 2013.

ADDRESSES: Please send your comments on this ICR to the BOEM 
Information Collection Clearance Officer, Arlene Bajusz, Bureau of 
Ocean Energy Management, 381 Elden Street, HM-3127, Herndon, Virginia 
20170 (mail); or [email protected] (email); or 703-787-1209 (fax). 
Please reference ICR 1010-0106 in your comment and include your name 
and return address.

FOR FURTHER INFORMATION CONTACT: Arlene Bajusz, Office of Policy, 
Regulations, and Analysis at (703) 787-1025. The revised forms are 
printed at the end of this notice.

SUPPLEMENTARY INFORMATION: OMB Control Number: 1010-0106.
    Title: 30 CFR 553, Oil Spill Financial Responsibility for Offshore 
Facilities.
    Forms: BOEM-1016 through 1023 and BOEM-1025.
    Abstract: On May 1, 2013, BOEM released a notice inviting public 
comment on the information collection renewal of requirements for 
BOEM's Oil Spill Financial Responsibility (OSFR) regulations under 30 
CFR 553 (78 FR 25472). The BOEM uses the information collected under 
these regulations to verify compliance with section 1016 of the Oil 
Pollution Act of 1990, as amended (OPA), and to confirm that applicants 
can pay for cleanup and damages resulting from oil spills and other 
hydrocarbon discharges that originate from Covered Offshore Facilities 
(COFs). Since May, BOEM has proposed revising the forms used with this 
collection and is providing the 60-day public comment period for the 
revisions with this notice.
    BOEM is splitting the function of some forms and revising others to 
clarify the responsibilities and financial obligations of responsible 
parties and applicants, as described in the Outer Continental Shelf 
Lands Act, and to better align the terminology and liability with the 
provisions of OPA. These revisions will better protect the Federal 
Government from potential disputes and litigation by clarifying that 
the primary relationship is between the responsible party and guarantor 
and that the designated applicant/operator is intended to function 
primarily in an administrative capacity. The revisions will also better 
align BOEM's process with that of the U.S. Coast Guard's National 
Pollution Fund Center, thereby reducing the burden on industry in 
complying with potentially conflicting guidance on oil spill 
responsibility, particularly with respect to offshore facilities that 
also function as vessels.
    Below is a description of each affected form, as well as any change 
in the burden. The revised forms are also printed at the end of this 
notice. Until OMB approves these revisions, the current forms remain in 
use and can be located at http://www.boem.gov/About-BOEM/Procurement-Business-Opportunities/BOEM-OCS-Operation-Forms/BOEM-OCS-Operation-Forms.aspx.
    Form BOEM-1016, Designated Applicant Information Certification. 
This form remains essentially the same except for updating the choices 
of forms and clarifying the administrative role of the designated 
applicant. No change in the 1-hour burden is expected.
    Form BOEM-1017, Appointment of Designated Applicant. This form 
remains essentially the same except for changing the title, clarifying 
the administrative role of the designated applicant, and adding a 
column to record depth ranges, when applicable. No change in the 9-hour 
burden is expected.
    Form BOEM-1018, Self-Insurance Information. The original form posed 
potential confusion because it served two purposes, both to provide 
evidence of self-insurance (for responsible parties) and as an 
indemnity (executed by persons other than the responsible party). Thus, 
the form has been split into two forms (BOEM-1018 and BOEM-1023). BOEM-
1018 focuses on self-insurance only and is reworded to more closely 
align with the requirements of OPA, adding an agreement to update/renew 
expiring or terminated instruments and a signature section. No change 
in the 1-hour burden is expected.
    Form BOEM-1019, Insurance Certificate. The language and agreements 
in this form have been reworded for compliance with OPA, to clarify 
that the insurer is responsible for OPA liabilities of the responsible 
parties, and to add an agreement to update/renew expiring or terminated 
instruments. No change in the 120-hour burden is expected.
    Form BOEM-1020, Surety Bond. The language and agreements in this 
form have been reworded for compliance with OPA, to clarify that the 
Surety is responsible for OPA liabilities of the responsible parties, 
and to add an agreement to update/renew expiring or terminated 
instruments. No change in the 24-hour burden is expected.
    Forms BOEM-1021, Covered Offshore Facilities, and BOEM-1022, 
Covered Offshore Facility Changes. These forms remain essentially the 
same except for rewording of the subtitles to match the other forms and 
adding a provision for rights-of-way. There is no change in the 1-hour 
burden for BOEM-1022; however, based on respondent input we are 
increasing the burden for BOEM-1021 from 3 to 6 hours.
    Form BOEM-1023, Financial Guarantee. This new form replaces the 
indemnity agreement (previously part of BOEM-1018) with a provision 
that an affiliated firm, such as a corporate parent, may promise to 
satisfy any claims against the responsible parties. It also adds an 
agreement to update/renew expiring or terminated instruments and a 
signature section. The hour burden is estimated as 1.5 hours.
    Form BOEM-1025, Independent Designated Applicant Information 
Certification. This new form allows a designated applicant, who is not 
also a responsible party, to continue to agree to be jointly and 
severally liable under OPA until BOEM promulgates regulations that will 
repeal this requirement. We estimate the burden hour to be 1 hour.
    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) and under regulations at 30 
CFR 550.197, ``Data and information to be made available to the public 
or for limited inspection.'' No items of a sensitive nature are being 
collected. Responses are mandatory.
    Frequency: On occasion or annual basis.
    Description of Respondents: Holders of leases, permits, and rights 
of use and easement in the Outer Continental Shelf and in State coastal 
waters and those who will appoint designated applicants to process 
their OSFR paperwork. Other respondents will be the designated 
applicants' insurance agents and brokers, bonding companies, and 
guarantors.
    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

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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 estimates in our 
submission to OMB.
    Public Availability of Comments: 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.

    Dated: July 31, 2013.
Deanna Meyer-Pietruszka,
Chief, Office of Policy, Regulations, and Analysis.
BILLING CODE 4310-MR-P

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[FR Doc. 2013-18923 Filed 8-5-13; 8:45 am]
BILLING CODE 4310-MR-C