[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14271-14277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05551]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

[Docket ID BSEE-2013-0009; OMB Control Number 1014-NEW; 14XE1700DX 
EEEE500000 EX1SF0000.DAQ000]


Information Collection Activities: Application for Permit To 
Modify (APM) and Supporting Documentation; Submitted for Office of 
Management and Budget (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) for approval of the paperwork requirements in 
the regulations under Oil and Gas and Sulphur Operations in the Outer 
Continental Shelf pertaining to an Application for Permit to Modify 
(APM) and supporting documentation. This notice also provides the 
public a second opportunity to comment on the revised paperwork burden 
of these regulatory requirements. This ICR will separate out the hours 
and non-hour cost burdens associated with APMs from its currently 
approved IC into its own separate collection; it will also reflect more 
accurate burden estimates.

DATES: You must submit comments by April 14, 2014.

ADDRESSES: Submit comments by either fax (202) 395-5806 or email 
([email protected]) directly to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department 
of the Interior (1014-NEW). Please provide a copy of your comments to 
Bureau of Safety and Environmental Enforcement (BSEE) by any of the 
means below.
     Electronically: go to http://www.regulations.gov. In the 
Search box, enter BSEE-2013-0009 then click search. Follow the 
instructions to submit public comments and view all related materials. 
We will post all comments.
     Email [email protected], fax (703) 787-1546, or mail 
or hand-carry comments to: Department of the Interior; BSEE; 
Regulations and Standards Branch; ATTN: Cheryl Blundon; 381 Elden 
Street, HE3313; Herndon, Virginia 20170-4817. Please reference 1014-NEW 
in your comment and include your name and return address.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and 
Standards Branch, (703) 787-1607, to request additional information 
about this ICR. To see a copy of the entire ICR submitted to OMB, go to 
http://www.reginfo.gov (select Information Collection Review, Currently 
Under Review).

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR 250, Application for Permit to Modify (APM) and all 
supporting documentation.
    Form(s): BSEE-0124.
    OMB Control Number: 1014--NEW.
    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-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 1332(6) states that 
``operations in the Outer Continental Shelf should be conducted in a 
safe manner by well trained personnel using technology, precautions, 
and other techniques sufficient to prevent or minimize the likelihood 
of blowouts, loss of well control, fires, spillages, physical 
obstructions to other users of the waters or subsoil and seabed, or 
other occurrences which may cause damage to the environment or to 
property or endanger life or health.''
    In addition to the general authority of OCSLA, section 301(a) of 
the Federal Oil and Gas Royalty Management Act (FOGRMA), 30 U.S.C. 
1751(a), grants authority to the Secretary to prescribe such rules and 
regulations as are reasonably necessary to carry out FOGRMA's 
provisions. While the majority of FOGRMA is directed to royalty 
collection and enforcement, some provisions apply to offshore 
operations. For example, section 108 of FOGRMA, 30 U.S.C. 1718, grants 
the Secretary broad authority to inspect lease sites for the purpose of 
determining whether there is compliance with the mineral leasing laws. 
Section 109(c)(2) and (d)(1), 30 U.S.C. 1719(c)(2) and (d)(1), impose 
substantial civil penalties for failure to

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permit lawful inspections and for knowing or willful preparation or 
submission of false, inaccurate, or misleading reports, records, or 
other information. The Secretary has delegated some of the authority 
under FOGRMA to BSEE.
    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 implementing policy, the Bureau of Safety 
and Environmental Enforcement (BSEE) 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. APMs are subject to cost recovery and BSEE regulations 
specify a service fee for this request.
    These authorities and responsibilities are among those delegated to 
the BSEE. The regulations at 30 CFR part 250 stipulate the various 
requirements that must be submitted with an APM. The form and the 
numerous submittals that are included and/or attached to the form are 
the subject of this collection. Currently, this information is 
collected under 30 CFR part 250, Subpart D, 1014-0018 (216,211 hour 
burdens/$2,225,286 non-hour cost burdens; expiration 10/21/2014); but 
this request will separate out the hours and non-hour cost burdens 
associated with APMs into its own separate collection so that both 
industry and BSEE have a better understanding of the complexities 
associated with all the information that is submitted with this form; 
and will reflect more accurate burden estimates. Once OMB approves this 
new collection, the hour and non-hour cost burdens associated with APMs 
will be removed from the IC 1014-0018.
    This request also covers any related Notices to Lessees and 
Operators (NTLs) that BSEE issues to clarify, supplement, or provide 
additional guidance on some aspects of our regulations
    The current regulations specify the use of form BSEE-0124 
(Application for Permit to Modify). We have included a certification 
statement on the form, to state that false submissions are subject to 
criminal penalties. Also, we clarified a section of the form by 
updating the regulatory citations listed in Question 18.
    Regulations implementing these responsibilities are delegated to 
BSEE. Responses are mandatory or are required to obtain or retain a 
benefit. No questions of a sensitive nature are asked. The BSEE 
protects information considered proprietary under the Freedom of 
Information Act (5 U.S.C. 552) and DOI's implementing regulations (43 
CFR part 2), and under regulations at 30 CFR 250.197, Data and 
information to be made available to the public or for limited 
inspection, 30 CFR Part 252, OCS Oil and Gas Information Program.
    The BSEE uses the information to ensure safe well completion, 
workover, and decommissioning operations and to protect the human, 
marine, and coastal environment. Among other things, BSEE specifically 
uses the information to ensure: The well completion, workover, and 
decommissioning unit is fit for the intended purpose; equipment is 
maintained in a state of readiness and meets safety standards; each 
well completion, workover, and decommissioning crew is properly trained 
and able to promptly perform well-control activities at any time during 
well operations; and compliance with safety standards. The current 
regulations provide for safe and proper field or reservoir development, 
resource evaluation, conservation, protection of correlative rights, 
safety, and environmental protection. We also review well records to 
ascertain whether the operations have encountered hydrocarbons or H2S 
and to ensure that H2S detection equipment, personnel protective 
equipment, and training of the crew are adequate for safe operations in 
zones known to contain H2S and zones where the presence of H2S is 
unknown.
    We use the information to determine the conditions of the site to 
avoid hazards inherent in well completions, workovers, and 
decommissioning operations. In addition, except for proprietary data, 
BSEE is required by the OCS Lands Act to make available to the public 
certain information that is submitted.
    The information on the APM form (BSEE-0124) is used to evaluate and 
approve the adequacy of the equipment, materials, and/or procedures 
that the lessee or operator plans to use during drilling plan 
modifications, changes in major drilling equipment, and plugging back. 
In addition, except for proprietary data, BSEE is required by the OCS 
Lands Act to make available to the public certain information submitted 
on BSEE-0124. The information on the form is as follows:
    Heading: Identify the well name, lease operator, type of revision 
and timing of the proposed modifications.
    Well at Total Depth/Surface: Identify the unique location (area, 
block and lease of the proposed activity).
    Proposed or Completed Work: Information identifying the specific 
activity, revision or modification for which approval is requested. 
This includes specific identification of equipment, engineering, and 
pressure test data needed by BSEE to ascertain that operations will be 
conducted in a manner that ensures the safety of personnel and 
protection of the environment.
    Question Information: Responses to questions (a) through (h) serve 
to ascertain compliance with applicable BSEE regulations and 
requirements and adherence to good operating practices.
    Frequency: On occasion and as required by regulations.
    Description of Respondents: Potential respondents comprise OCS 
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 9,770 
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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BILLING CODE 4310-VH-C
    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have 
identified one non-hour cost burden associated with the collection of 
information for a total of $361,625. The service fee of $125 is 
required to recover the Federal Government's processing costs of the 
APM. 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 
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.
    To comply with the public consultation process, on December 3, 
2013, we published a Federal Register notice (78 FR 72693) 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 forms. 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 one set of comments in response to the Federal 
Register notice. One comment was about how BSEE included a 
certification statement on the form that false submissions are subject 
to criminal penalties.'' The response to the commenters' input is as 
follows: The certification statement we added to the form is a standard 
statement on many government forms. The statement is intended to remind 
submitters of the penalties for false statements. Anyone who submits a 
false statement to the government may be subject to civil and criminal 
penalties even if the statement does not appear on a form. Inclusion of 
the statement serves to ensure submitters are aware of applicable law. 
Another comment was the addition of Question 8b--Well Status. 
Due to the comment, it came to light that industry does not have to 
input that information on the form--once the form starts to be filled 
out, the well status information is populated automatically; therefore, 
we removed Question 8b. The last comment pertains to the 
estimated reporting and recordkeeping non-hour cost burden. The 
commenter believes that the $361,625 cost is for additional time and 
effort to file the form with the suggested changes. That is not the 
case. BSEE 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 (see the 
Independent Offices Appropriations Act paragraph under the Abstract). 
APMs are subject to a $125 cost recovery and BSEE regulations specify a 
service fee for this request under 30 CFR 250.125.
    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: February 19, 2014.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2014-05551 Filed 3-12-14; 8:45 am]
BILLING CODE 4310-VH-P