[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Notices]
[Pages 69121-69123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27532]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

[Docket ID BSEE-2013-0010; OMB Control Number 1014-0012; 134E1700D2 
EEEE500000 ET1SF0000.DAQ000]


Information Collection Activities: Open and Nondiscriminatory 
Access to Oil and Gas Pipelines Under the OCS Lands Act; Proposed 
Collection; Comment Request

ACTION: 60-day Notice.

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), 
Bureau of Safety and Environmental Enforcement (BSEE) 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 a renewal to the 
paperwork requirements in the regulations under 30 Part 291, Open and 
Nondiscriminatory Access to Oil and Gas Pipelines Under the OCS Lands 
Act.

DATES: You must submit comments by January 17, 2014.

ADDRESSES: You may submit comments by either of the following methods 
listed below.
     Electronically: go to http://www.regulations.gov. In the 
Search box, enter BSEE-2013-0010 then click search. Follow the 
instructions to submit public comments and view all related materials. 
We will post all comments.
     Email [email protected]. Mail or hand-carry comments 
to the Department of the Interior; BSEE; Regulations and Standards 
Branch; Attention: Nicole Mason; 381 Elden Street, HE3313; Herndon, 
Virginia 20170-4817. Please reference ICR 1014-0012 in your comment and 
include your name and return address.

FOR FURTHER INFORMATION CONTACT: Nicole Mason, Regulations and 
Standards Branch at (703) 787-1605 to request additional information 
about this ICR.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 291, Open and Nondiscriminatory Access to Oil 
and Gas Pipelines Under the OCS Lands Act.
    OMB Control Number: 1014-0012.
    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 necessary 
for the administration of the leasing provisions of that Act related to 
mineral resources on the OCS. Such rules and regulations will apply to 
all operations conducted under a lease, right-of-way, or a right-of-use 
and easement. 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.
    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

[[Page 69122]]

must provide open and nondiscriminatory access to both owner and non-
owner shippers.''
    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. Regulations at 
Sec. Sec.  291.106(b) and 108 require a nonrefundable processing fee of 
$7,500 that a shipper must pay when filing a complaint to BSEE. Federal 
policy and statute require us to recover the cost of services that 
confer special benefits to identifiable non-Federal recipients.
    These authorities and responsibilities are among those delegated to 
BSEE; and 30 CFR Part 291 implements these statutory requirements. 
These regulations concern open and nondiscriminatory access to 
pipelines, and are the subject of this collection.
    The BSEE will use the submitted information to initiate a more 
detailed investigation into the specific circumstances associated with 
a complainant's allegation of denial of access or discriminatory access 
to pipelines on the OCS. The complaint information will be provided to 
the alleged offending party. Informal resolution of the complaint is an 
option via a hotline or alternative dispute resolution. The BSEE may 
request additional information upon completion of the initial 
investigation.
    Commercial or financial information submitted to the Department of 
the Interior relative to minerals removed from the Federal OCS may be 
proprietary. The BSEE will protect information considered proprietary 
and will not disclose documents exempt from disclosure under the 
Freedom of Information Act (5 U.S.C. 552) and its implementing 
regulations (43 CFR part 2). The BSEE will protect personally 
identifiable information about individuals according to the Privacy Act 
(5 U.S.C. 552a) and DOI's implementing regulations (43 CFR part 2). No 
items of a sensitive nature are collected. Responses to this ICR are 
required to obtain and retain a benefit, or are voluntary.
    Frequency: On occasion.
    Description of Respondents: Shippers who do business on the OCS and 
companies that pay royalties on the OCS.
    Estimated Reporting and Recordkeeping Hour Burden: The currently 
approved annual reporting burden for this collection is 51 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.

                            Burden Breakdown
------------------------------------------------------------------------
                                                           Hour burden
                                      Reporting &      -----------------
      Citation 30 CFR 291            recordkeeping        Non-hour cost
                                      requirement            burden
------------------------------------------------------------------------
105, 106, 108, 109, 111.......  Submit complaint (with  50
                                 fee) to BSEE and
                                 affected parties.
                                 Request confidential
                                 treatment and respond
                                 to BSEE decision.
                                                       -----------------
                                                        $7,500
                                                         processing fee
                                                       -----------------
106(b), 109...................  Request waiver or       1
                                 reduction of fee.
------------------------------------------------------------------------
104(b), 107, 111..............  Submit response to a    Information that
                                 complaint. Request      is required
                                 confidential            after an
                                 treatment and respond   investigation
                                 to BSEE decision.       is opened
                                                         against a
                                                         specific entity
                                                         is exempt under
                                                         the PRA (5 CFR
                                                         1320.4).
110...........................  Submit required
                                 information for BSEE
                                 to make a decision.
114, 115(a)...................  Submit appeal on BSEE
                                 final decision.
------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: The 
currently OMB approved non-hour cost burdens total $7,500. We have 
identified one non-hour cost burden for this collection. The BSEE 
requires that shippers pay a nonrefundable fee of $7,500 for a 
complaint submitted to BSEE. We have not identified any other non-hour 
cost burdens.
    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 
collection is necessary or useful; (b) evaluate the accuracy 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 
technology.
    Agencies must also estimate the non-hour paperwork cost burdens to 
respondents or recordkeepers resulting from the collection of 
information. Therefore, if you have other than hour burden 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. For further 
information on this burden, refer to 5 CFR 1320.3(b)(1) and (2), or 
contact the Bureau representative listed previously in this notice.
    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, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment-including 
your personal identifying information--may

[[Page 69123]]

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.
    BSEE Information Collection Clearance Officer: Cheryl Blundon (703) 
787-1607.

    Dated: November 7, 2013.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2013-27532 Filed 11-15-13; 8:45 am]
BILLING CODE 4310-VH-P