[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Notices]
[Pages 75174-75178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29564]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[OMB Number 1010-0048]


Information Collection: Geological and Geophysical Explorations 
of the Outer Continental Shelf; Submitted for OMB Review; Comment 
Request MMAA104000

ACTION: 30-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 notifying the public that 
we have submitted an information collection request (ICR) to the Office 
of Management and Budget (OMB) for review and approval. The ICR 
concerns the paperwork requirements in the regulations under 30 CFR 
551, Geological and Geophysical (G&G) Explorations of the Outer 
Continental Shelf. This notice provides the public a second opportunity 
to comment on the paperwork burden of this collection.

DATES: Submit written comments by January 16, 2015.

ADDRESSES: Submit comments on this ICR to the Desk Officer for the 
Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or 
[email protected] (email). Please provide a copy of your 
comments to the BOEM Information Collection Clearance Officer, Bureau 
of Ocean Energy Management, 381 Elden Street, HM-3127, Herndon, 
Virginia 20170 (mail) or [email protected] (email). Please reference 
ICR 1010-0048 in your comment and include your name and return address.

FOR FURTHER INFORMATION CONTACT: Office of Policy, Regulations, and 
Analysis at [email protected] (email) or (202) 513-7672. You may 
review the ICR and form online at http://www.reginfo.gov. Follow the 
instructions to review Department of the Interior collections under 
review by OMB.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 1010-0048.
    Title: 30 CFR 551, Geological and Geophysical (G&G) Explorations of 
the Outer Continental Shelf.
    Form: BOEM-0327, Requirements for G&G Explorations or Scientific 
Research on the Outer Continental Shelf.
    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. The OCS Lands Act 
(43 U.S.C. 1340) states that ``any person authorized by the Secretary 
may conduct geological and geophysical explorations in the outer 
Continental Shelf, which do not interfere with or endanger actual 
operations under any lease maintained or granted pursuant to this 
subchapter, and which are not unduly harmful to aquatic life in such 
area.'' The section further requires that permits to conduct such 
activities may only be issued if it is determined that the applicant is 
qualified; the activities do not result in pollution or create 
hazardous or unsafe conditions; the activities do not unreasonably 
interfere with other uses of the area or disturb any site, structure, 
or object of historical or archaeological significance. Applicants for 
permits are required to submit form BOEM-0327 to provide the 
information necessary to evaluate their qualifications, and upon 
approval, respondents are issued a permit.
    Also, as a Federal agency, we have a continuing affirmative duty to 
comply with the National Environmental Policy Act (NEPA), Endangered 
Species Act (ESA), and Marine Mammal Protection Act (MMPA). This 
includes a substantive duty not to take agency actions that are 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 the OMB Circular A-25 authorize Federal agencies to recover 
the full cost of services that confer special benefits. All G&G permits 
are subject to cost recovery, and BOEM regulations specify service fees 
for these requests.
    Regulations to carry out these responsibilities are contained in 30 
CFR 551 and are the subject of this information collection renewal. 
BOEM uses the information to ensure there is no environmental 
degradation, personal harm or unsafe operations and conditions, damage 
to historical or archaeological sites, or interference with other uses; 
to analyze and evaluate preliminary or planned drilling activities; to 
monitor progress and activities in the OCS; to acquire G&G data and 
information collected under a Federal permit offshore; and to determine 
eligibility for reimbursement from the government for certain costs. 
Information on the G&G characteristics of oil- and gas-bearing 
physiographic regions aids the Secretary in obtaining a proper balance 
among the potentials for environmental damage, the discovery of oil and 
gas, and associated impacts on affected coastal States.
    In this renewal, we are including the estimated G&G permit 
applications and information that will be submitted for the Atlantic 
OCS. As a result of the BOEM Record of Decision regarding G&G survey 
activities on the Mid- and South Atlantic OCS Planning Areas (issued on 
July 23, 2014 (79 FR 42815)), BOEM will now consider G&G permit 
applications for this area.
    Also in this renewal, BOEM is updating form BOEM-0327 to clarify

[[Page 75175]]

the types of copies being requested, delete incorrect language, make 
recommendations for faster processing, update addresses, and reference 
NEPA mitigation requirements. To respond to the types of questions BOEM 
receives from permittees on the form, BOEM is also clarifying wording, 
providing examples/tables to reduce confusion, and clarifying Regional 
differences, when necessary, to further assist permittees. BOEM is not 
asking for more information, just outlining current requirements in 
more detail.
    These improvements do not change the hour burden for the form; 
however, based on public comments and respondent outreach, BOEM is 
making significant changes to the estimated hour burdens associated 
with the application. For the majority of permit applications, which 
are associated with G&G exploration in the Gulf of Mexico OCS Region, 
BOEM is increasing the hour burden from 3 to 300 hours. For 
applications in the frontier areas of the Alaska OCS Region and 
Atlantic OCS, BOEM is adjusting the burden to be significantly higher 
(from 300 to 1,000 hours), not because of the form changes, but because 
of the requirements to submit environmental information sufficient for 
the National Environmental Policy Act (NEPA) review about the effects 
of sound on marine mammals and other protected species. BOEM expects it 
will take more time for companies to compile and submit the necessary 
information to obtain the required authorizations to acquire a BOEM 
permit in these frontier areas, as well as to coordinate with other 
agencies. Due diligence, however, is still expected as full 
environmental review is authoritative within all OCS Regions.
    BOEM believes the increased burden hours in this renewal 
accommodate the various requirements for all OCS Regions that companies 
must meet for environmental compliance to obtain G&G data, such as 
obtaining BOEM permits, coordinating their activities with the 
Department of Defense (DOD) and the National Aeronautics and Space 
Administration (NASA), as well as the additional requirement from the 
National Marine Fisheries Service (NMFS) to obtain an Incidental Take 
Authorization under the MMPA.
    To complement the changes made in form BOEM-0327, BOEM is 
separating the requirements in the BOEM-issued permits by OCS Region to 
further assist permittees and clarify Regional differences. The actual 
permits are filled in by BOEM and do not incur a respondent hour 
burden.
    We protect proprietary information according to the Freedom of 
Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR 
part 2), and under regulations at 30 CFR 551. No items of a sensitive 
nature are collected. Responses are mandatory.
    Frequency: On occasion, annual, or as specified in permits.
    Description of Respondents: Potential respondents comprise Federal 
OCS oil, gas, and sulphur permittees or notice filers.
    Estimated Reporting and Recordkeeping Hour Burden: We estimate the 
burden for this collection to be about 40,954 hours. The following 
table details the individual components and respective hour burden 
estimates of this ICR.

                                                  Burden Table
----------------------------------------------------------------------------------------------------------------
                                                                       Non-hour cost burden *
                                  Reporting and    -------------------------------------------------------------
     Citation 30 CFR 551          recordkeeping                        Average number of annual    Annual burden
                                   requirement         Hour burden             responses               hours
----------------------------------------------------------------------------------------------------------------
                                           30 CFR 551.1 through 551.6
----------------------------------------------------------------------------------------------------------------
551.4(a), (b); 551.5(a),      Apply for permits     1,000 AK**......  4 Applications............           4,000
 (b), (d); 551.6; 551.7.       (form BOEM-0327) to  1,000 ATL**.....  9 Applications............           9,000
                               conduct G&G          300 GOM.........  74 Applications...........          22,200
                               exploration,
                               including deep
                               stratigraphic tests/
                               revisions when
                               necessary and
                               mitigations. Submit
                               required
                               information in
                               manner specified.
                                                   -------------------------------------------------------------
                                              87 applications x $2,012 = $175,044
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551.4(b); 551.5(c), (d);      File notices to       1...............  1 Notice..................               1
 551.6.                        conduct scientific
                               research
                               activities,
                               including notice to
                               BOEM prior to
                               beginning and after
                               concluding
                               activities.
551.6(b); 551.7(b)(5).......  Notify BOEM if        1...............  1 Notice..................               1
                               specific actions
                               should occur;
                               report
                               archaeological
                               resources (no
                               instances reported
                               since 1982).
                               Consult with other
                               users.
----------------------------------------------------------------------------------------------------------------
    Subtotal........................................................  89........................          35,202
                             -----------------------------------------------------------------------------------
                                   $175,044 non-hour cost burden
----------------------------------------------------------------------------------------------------------------
                                           30 CFR 551.7 through 551.9
----------------------------------------------------------------------------------------------------------------
551.7; 551.8................  Submit APD and        Burden included under BSEE regulations at 30               0
                               Supplemental APD to          CFR 250, Subpart D (1014-0018)
                               BSEE.
----------------------------------------------------------------------------------------------------------------
551.7; 551.8(b).............  Submit information    1...............  1 Submission..............               1
                               on test drilling
                               activities under a
                               permit, including
                               required
                               information and
                               plan revisions
                               (e.g., drilling
                               plan and
                               environmental
                               report).
551.7(c)....................  Enter into agreement  1...............  1 Agreement...............               1
                               for group
                               participation in
                               test drilling,
                               including
                               publishing summary
                               statement; provide
                               BOEM copy of notice/
                               list of
                               participants (no
                               agreements
                               submitted since
                               1989).
----------------------------------------------------------------------------------------------------------------

[[Page 75176]]

 
551.7(d)....................  Submit bond(s) on     Burden included under 30 CFR Part 556 (1010-               0
                               deep stratigraphic                       0006)
                               test and required
                               securities.
----------------------------------------------------------------------------------------------------------------
551.8(a)....................  Request               1...............  1 Request.................               1
                               reimbursement for
                               certain costs
                               associated with
                               BOEM inspections
                               (no requests in
                               many years).
551.8(b), (c)...............  Submit modifications  38 AK **........  4 Respondents x 10 Reports           1,520
                               to, and status/                         = 40.
                               final reports on,
                               activities
                               conducted under a
                               permit.
                                                    38 ATL**........  9 Respondents x 10 Reports           3,420
                                                                       = 90.
                                                    2 GOM...........  55 Respondents x 3 Reports             330
                                                                       = 165.
551.9(c)....................  Notify BOEM to        \1/2\...........  2 Notices.................               1
                               relinquish a permit.
----------------------------------------------------------------------------------------------------------------
    Subtotal........................................................  300.......................           5,274
----------------------------------------------------------------------------------------------------------------
                                          30 CFR 551.10 through 551.13
----------------------------------------------------------------------------------------------------------------
551.10(c)...................  File appeals........      Exempt under 5 CFR 1320.4(a)(2), (c)                   0
                                                   ----------------------------------------------
551.11; 551.12..............  Notify BOEM and       4...............  40 Submissions............             160
                               submit G&G data and/
                               or information
                               collected and/or
                               processed by
                               permittees,
                               bidders, or 3rd
                               parties, etc.,
                               including reports,
                               logs or charts,
                               results, analyses,
                               descriptions,
                               information as
                               required, and
                               agreements, in
                               manner specified.
551.13......................  Request               2...............  40 Submissions............              80
                               reimbursement for
                               certain costs
                               associated with
                               reproducing data/
                               information.
                                                   -------------------------------------------------------------
    Subtotal................  ....................  ................  80........................             240
----------------------------------------------------------------------------------------------------------------
                                                  30 CFR 551.14
----------------------------------------------------------------------------------------------------------------
551.14(a), (b)..............  Submit comments on    1...............  2 Comments................               2
                               BOEM intent to
                               disclose data and/
                               or information to
                               the public.
551.14(c)(2)................  Submit comments on    1...............  2 Comments................               2
                               BOEM intent to
                               disclose data and/
                               or information to
                               an independent
                               contractor/agent.
551.14(c)(4)................  Contractor/agent      1...............  2 Commitments.............               2
                               submits written
                               commitment not to
                               sell, trade,
                               license, or
                               disclose data and/
                               or information
                               without BOEM
                               consent.
551.1-551.14................  General departure     1...............  2 Requests................               2
                               and alternative
                               compliance requests
                               not specifically
                               covered elsewhere
                               in part 551
                               regulations.
                                                   -------------------------------------------------------------
    Subtotal................  ....................  ................  8.........................               8
----------------------------------------------------------------------------------------------------------------
                                    Extension for Permit Form & Recordkeeping
----------------------------------------------------------------------------------------------------------------
551.14(b) (BOEM-0327).......  Request extension of  1...............  100 Extensions............             100
                               permit time period;
                               enter agreements.
                              Retain G&G data/      1...............  130 Recordkeepers.........             130
                               information for 10
                               years and make
                               available to BOEM
                               upon request.
                                                   -------------------------------------------------------------
    Subtotal................  ....................  ................  230.......................             230
                                                   -------------------------------------------------------------
        Total Burden........  ....................  ................  707.......................          40,954
                                                   -------------------------------------------------------------
                                  $175,044 non-hour cost burden.
----------------------------------------------------------------------------------------------------------------
* Fees are subject to modification per inflation annually.
** Burden hours for the frontier areas of the Alaska Region and Atlantic OCS are significantly higher because of
  NEPA and mitigation requirements. BOEM is accounting for the total time to compile/submit the necessary
  information to obtain the required authorizations to acquire a BOEM permit. There are currently no such
  activities ongoing in the Pacific OCS Region.

    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have 
identified one non-hour cost burden for this collection of information. 
Under Sec.  551.5(a) there is an application fee of $2,012 when 
respondents submit a permit application (refer to the table above).
    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.

[[Page 75177]]

    Comments: We invite comments concerning this information collection 
on:
     Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
     The accuracy of our burden estimates;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden on respondents.
    To comply with the public consultation process, on August 22, 2014, 
BOEM published a Federal Register notice (79 FR 49807) announcing that 
we would submit this ICR to OMB for approval. This notice provided the 
required 60-day comment period. We received two sets of comments, which 
are discussed below.

Discussion of Public Comments Received

(1) International Assoc. of Geophysical Contractors (IAGC) With 
American Petroleum Institute (API)

    The IAGC and API jointly submitted one set of comments. BOEM has 
addressed each point separately below.
    Comment: Section D 3--Sound propagation information for Gulf of 
Mexico (GOM) Simsource Surveys is unwarranted.
    Response: BOEM has given this comment due consideration and decided 
not to remove GOM simsource survey submissions at this time. Simsource 
surveys are new to the GOM and have not been considered previously in a 
Gulf of Mexico Programmatic Environmental Impact Statement. As such, in 
the near term, BOEM will scrutinize these surveys in more detail than 
surveys that use serial or sequential methods of energizing source 
arrays. After a suitable period of time, this review may not be needed.
    Comment: Burden Estimates from BOEM are flawed. BOEM should 
recognize the substantial hour burden associated with permit 
application preparation. Expert consultants have detailed 300 to 1,000 
hours for preparation of an application for G&G activity permits and 
marine mammal take permits.
    Response: In response to the comment and to respondent feedback, 
BOEM is increasing the hour burden to fill out the permit application 
form for the Gulf of Mexico OCS Region from 3 to 300 hours and for the 
other OCS areas from 300 to 1,000 hours. Companies conducting G&G 
activities in the Gulf of Mexico OCS Region have experience in 
compiling and submitting the necessary information to obtain the 
required authorizations. However, in the frontier areas outside of the 
Gulf of Mexico OCS Region, BOEM expects it will take more time for 
companies to compile and submit the necessary information to obtain the 
required authorizations to acquire a BOEM permit in these areas as well 
as coordinate with other agencies. Therefore, the burden for applicants 
in the other OCS Regions to describe the environmental effects and 
proposed mitigations is estimated much higher.
    Comment: Section D. Proprietary Information Attachment Required for 
an Application for Geophysical Permit--Item 10 is requiring the 
applicant to list ``all proposed initial and final processed data sets 
that will result from acquisition under this activity.'' An applicant 
can identify to BOEM what the original final processed data will be, 
but will be unable to provide other Forms of the processed data that 
the market may demand at the time the applicant submits form BOEM-0327.
    Response: After review, BOEM will continue this requirement. The 
burden is considered minimal as BOEM only expects the permittee to 
conjecture what processing/end products are known at the time the 
permit application is submitted. This information often provides BOEM 
with a starting place for determining what type of products to expect 
from a survey. Inaccuracies or later changes are not penalized.
    Comment: Section A. General Information--Item 4 requests an 
applicant provide a ``Commencement Date'' for the proposed geophysical 
activity. It is difficult for an applicant to provide a specific date 
because it is highly dependent on when the permit is used and when the 
vessel(s) and crew can be mobilized into the area of proposed activity.
    Response: The ``expected'' commencement and ``expected'' completion 
date requirements will remain in the application as they provide BOEM 
with an idea of how long the permittee expects the duration of the 
activity to be. The planned time frame for the activity is especially 
critical in Alaska for NEPA review. These dates are critical for 
determining the possible environmental effects of the activity for such 
issues as the timing of subsistence hunting and presence of different 
protected species. The effective date of a permit will still be the 
issuance date that starts the 12-month clock ticking. For Atlantic OCS 
permits, BOEM plans to coordinate the effective date of the permit with 
the effective date of the Incidental Harassment Authorization to the 
extent practicable. The goal is to provide the permittee with as close 
to the maximum 12 months of operating time as possible.
    Comment: Section A. General Information--Item 6 requests the 
applicant provide the vessel(s) name, registry number and registered 
owner(s). It can be difficult for an applicant to provide this 
information. This requirement does not accommodate the global nature of 
the geophysical industry nor the unpredictable timeline and regulatory 
uncertainty attendant with the requirements of the MMPA, NEPA and ESA. 
Geophysical contractors utilize vessels that are in high demand and 
that operate globally. It is difficult for an applicant to identify 
(with complete certainty) a specific vessel that will be available and 
will be used for a survey to be conducted several months to over a year 
later. Furthermore, the U.S. Coast Guard (USCG) is provided the same 
information at the time the vessel(s) mobilize into the U.S. OCS. 
Consequently, the information request in BOEM Form 0327 is unnecessary. 
In the alternative, the Associations recommend that BOEM Form 0327 
require an applicant to submit the type of vessel(s) to be utilized in 
the survey (e.g., vessel classification, streamer versus OBN, number of 
streamers) and at the time the geophysical contractor notifies the 
USCG, the BOEM will also be notified of vessel(s) name, registry 
number(s) and registered owner(s).
    Response: Homeland Security, as well as the Department of Defense, 
has contacted BOEM in the past concerning survey vessels. Therefore, 
this requirement needs to be retained. However, BOEM agrees that the 
information for this requirement may or may not be known at the time 
the permit application is submitted. Currently, if the applicants know 
this information they can provide it with the application. If they do 
not, BOEM allows them to provide it at a later date prior to operations 
beginning. In these cases, email is often used to provide the 
information to BOEM in a timely manner. In a few instances, the 
permittee did not know which vessels were going to be used when the 
permit was issued. In these instances the permit cover letter stated 
that operations could not commence until the vessel information was 
provided to BOEM, usually by email for quick turnaround time. BOEM 
understands that this is of particular concern for Atlantic permits. 
The GOM flexibility will be extended to the Atlantic permits as well. 
The Alaska Region requires vessel information for the NEPA analysis. 
Companies are directed to provide vessel specs that represent the most 
likely type of vessels

[[Page 75178]]

that will be used for the activity. The final vessel information must 
be submitted ideally before the permit is issued, but definitely prior 
to commencement of operations pending approval from the NEPA staff.

(2) North American Submarine Cable Assoc. (NASCA)

    Comment: NASCA urges BOEM to modify form BOEM-0327 to require 
permit applicants to identify and coordinate with submarine cables in 
the vicinity of any planned G&G activities.
    Response: BOEM believes that ``other uses'' currently on the form 
would include submarine cable companies and that the current 
coordination processes with regard to submarine cables are working well 
in mature areas such as the Gulf of Mexico and should work just as well 
in the other Regions. In recognition of the concerns expressed in the 
NASCA comments, we have acknowledged such other uses by adding the 
words ``including submarine cables'' in form BOEM-0327 (under General 
Requirements paragraph E). Furthermore, we will add ``Submarine Cable 
Coordination'' to the list of Stipulations we attach to every permit. 
The NASCA would need to provide points of contact, etc., for the 
permittee. The matter would then be dealt with between the permittee 
and the submarine cable company.
    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: December 9, 2014.
Deanna Meyer-Pietruszka,
Chief, Office of Policy, Regulations, and Analysis.
[FR Doc. 2014-29564 Filed 12-16-14; 8:45 am]
BILLING CODE 4310-MR-P