[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78473-78476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30559]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[OMB Control Number 1010-0072]


Information Collection: Prospecting for Minerals Other Than Oil, 
Gas, and Sulphur on the Outer Continental Shelf and Authorizations of 
Noncommercial Geological and Geophysical Activities; Proposed 
Collection for OMB Review; Comment Request; MMAA104000

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 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 paperwork requirements in the 
regulations under 30 CFR part 580, Prospecting for Minerals Other than 
Oil, Gas, and Sulphur on the Outer Continental Shelf, as well as 
authorizations of noncommercial geological and geophysical (G&G) 
activities issued pursuant to Section 11 of the Outer Continental Shelf 
Lands Act.

DATES: Submit written comments by March 2, 2015.

ADDRESSES: Please send your comments on this ICR to the BOEM 
Information Collection Clearance Officer, Bureau of Ocean Energy 
Management, 381 Elden Street, HM-3127, Herndon, Virginia 20170 (mail) 
or [email protected].

[[Page 78474]]

Please reference ICR 1010-0072 in your comment and include your name 
and return address.

FOR FURTHER INFORMATION CONTACT: Office of Policy, Regulations, and 
Analysis at [email protected] to request a copy of the ICR.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 1010-0072.
    Title: 30 CFR part 580, Prospecting for Minerals other than Oil, 
Gas, and Sulphur on the Outer Continental Shelf and Authorizations of 
Noncommercial Geological and Geophysical (G&G) Activities.
    Form: BOEM-0134, Requirements for G&G Prospecting, Exploration, or 
Scientific Research on the OCS Related to Minerals Other than Oil, Gas, 
and Sulphur.
    Abstract: The Outer Continental Shelf (OCS) Lands Act (OCSLA), as 
amended (43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes 
the Secretary of the Interior (Secretary) to prescribe rules and 
regulations to administer leasing of the OCS. Section 1337(k) of the 
OCS Lands Act authorizes the Secretary ``. . . to grant to the 
qualified persons offering the highest cash bonuses on a basis of 
competitive bidding leases of any mineral other than oil, gas, and 
sulphur in any area of the outer Continental Shelf not then under lease 
for such mineral upon such royalty, rental, and other terms and 
conditions as the Secretary may prescribe at the time of offering the 
area for lease.'' An amendment to the OCS Lands Act (Pub. L. 103-426) 
authorizes the Secretary to negotiate agreements (in lieu of the 
previously required competitive bidding process) for the use of OCS 
sand, gravel, and shell resources for certain specified types of public 
uses. The specified uses will support construction of governmental 
projects for beach nourishment, shore protection, and wetlands 
enhancement, or any such project authorized by the Federal Government.
    Section 1340 of the OCSLA states that ``. . . any person authorized 
by the Secretary may conduct geological and geophysical explorations in 
the [O]uter Continental Shelf, which do not interfere with or endanger 
actual operations under any lease maintained or granted pursuant to 
this Act, and which are not unduly harmful to aquatic life in such 
area.'' Geological and geophysical exploration can only be performed 
pre-lease under a permit, authorization, or scientific research notice. 
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.
    Prospecting for marine minerals includes certain aspects of 
exploration as defined in the OCSLA at 43 U.S.C. 1331(k). The term 
``exploration'' means the process of searching for minerals, including 
geophysical surveys where magnetic, gravity, seismic, or other systems 
are used to detect or imply the presence of such minerals. The OCSLA 
requires all parties who are prospecting marine minerals for commercial 
purposes to be authorized. The OCSLA also requires non-Federal parties 
(such as State agencies and contractors of State agencies) to obtain 
authorization from the Secretary to conduct noncommercial G&G 
exploration activities (see 43 U.S.C. 1340(a)(1)).
    As a Federal agency, BOEM has a responsibility to comply with the 
National Environmental Policy Act (NEPA), Endangered Species Act, and 
Marine Mammal Protection Act, among other environmental laws. This 
includes a substantive duty not to take any agency action that may 
affect a protected species, as well as a procedural duty to consult 
with the U.S. Fish and Wildlife Service and National Marine Fisheries 
Service, when warranted, 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 
for commercial prospecting are subject to cost recovery, and BOEM 
regulations specify service fees for these requests.
    The authority to carry out these responsibilities is contained in 
regulations under 30 CFR 580, as well as OCSLA Section 11 (43 U.S.C. 
1340(a)(1)), which is 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 mining 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. 
Respondents are required to submit form BOEM-0134 to provide the 
information necessary to evaluate their qualifications, and upon 
approval, respondents are issued a permit or authorization.
    BOEM uses the information collected to understand the G&G 
characteristics of marine mineral-bearing physiographic regions of the 
OCS. The information aids BOEM in obtaining a proper balance among the 
potentials for environmental damage, the discovery of marine minerals, 
and associated impacts on affected coastal States.
    In this renewal, BOEM is expanding the use of form BOEM-0134 to 
include applications to conduct noncommercial prospecting (exploration) 
of marine minerals, such as OCS sand, gravel, and shell resources for 
public use. BOEM is also updating the form to clarify the types of 
copies being requested, delete incorrect language, make recommendations 
for faster processing, update addresses, and reference environmental 
mitigation requirements. To respond to the types of questions BOEM 
receives on the form, BOEM is also clarifying wording, providing 
examples/tables to reduce confusion, and clarifying Regional 
differences, when necessary, to further assist applicants. BOEM is not 
asking for more information, just outlining current requirements in 
more detail. However, to better account for the requirement to submit 
environmental information sufficient for the environmental review, BOEM 
is increasing the burden hours from 10 to 88 hours for all OCS Regions. 
We are also adding the terms ``authorization(s)'' and ``exploration'' 
throughout the form so that the form also serves as the instrument to 
authorize entities to carry out noncommercial prospecting (exploration) 
of marine minerals.
    Responses are mandatory or required to obtain or retain a benefit. 
No questions of a sensitive nature are asked. The BOEM protects 
information considered proprietary according to 30 CFR 580.70, 
applicable sections of 30 CFR parts 550 and 552, and the Freedom of 
Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR 
part 2).
    Frequency: On occasion, annual, or as specified in permits.
    Estimated Number and Description of Respondents: There are four to 
seven permittees/respondents, including those required to only file 
notices (scientific research).
    Estimated Reporting and Recordkeeping Hour Burden: We estimate the 
burden for this information collection to be about 488 hours. The

[[Page 78475]]

following table 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.

                                                  Burden Table
----------------------------------------------------------------------------------------------------------------
                                                                                 Average number
 Citation 30 CFR part 580, as    Reporting and recordkeeping      Hour burden       of annual      Annual burden
          applicable                     requirements                               responses          hours
----------------------------------------------------------------------------------------------------------------
                                                                            Non-hour cost burden \1\
----------------------------------------------------------------------------------------------------------------
                                                    Subpart B
----------------------------------------------------------------------------------------------------------------
10; 11(a); 12; 13; Permit      Apply for permit or                          88  2 permits.......             176
 Form.                          authorization (Form BOEM-0134)
                                to conduct prospecting/
                                exploration or G&G scientific
                                research activities, including
                                prospecting/scientific
                                research plan and
                                environmental assessment or
                                required drilling plan.
                                Provide notifications &
                                additional information as
                                required.
                                                                                2 authorizations             176
                                                                               ---------------------------------
                                                                                 $2,012 permit application fee x
                                                                                      2 permits \2\ = $4,024
                                                                               ---------------------------------
11(b); 12(c).................  File notice to conduct                        8  3 notices.......              24
                                scientific research activities
                                related to hard minerals,
                                including notice to BOEM prior
                                to beginning and after
                                concluding activities. Arrange
                                alternative deadline.
                              ----------------------------------------------------------------------------------
    Subtotal.................  ...............................  ..............  7 Responses.....             376
                                                                               ---------------------------------
                                                                                   $4,024 Non-Hour Cost Burden
----------------------------------------------------------------------------------------------------------------
                                                    Subpart C
----------------------------------------------------------------------------------------------------------------
21(a)........................  Report to BOEM if hydrocarbon/                1  1 report........               1
                                other mineral occurrences or
                                environmental hazards are
                                detected or adverse effects
                                occur.
22...........................  Request approval to modify                    1  2 requests......               2
                                operations, with required
                                information.
23(b)........................  Request reimbursement for                     1  3 requests......               3
                                expenses for BOEM inspection.
24...........................  Submit status and final reports              12  4 reports.......              48
                                on specified schedule/format.
28...........................  Request relinquishment of                     1  1 relinquishment               1
                                permit.                                          \3\.
31(b); 73....................  Governor(s) of adjacent                       1  3 submissions...               3
                                State(s) submissions to BOEM:
                                Comments on activities
                                involving an environmental
                                assessment; request for
                                proprietary data, information,
                                and samples; and disclosure
                                agreement.
33, 34.......................  Appeal penalty, order, or                     0
                                decision--burden exempt under
                                5 CFR 1320.4(a)(2), (c)..
                              ----------------------------------------------------------------------------------
    Subtotal.................  ...............................  ..............  14 Responses....              58
----------------------------------------------------------------------------------------------------------------
                                                    Subpart D
----------------------------------------------------------------------------------------------------------------
40; 41; 50; 51; Permit Form..  Notify BOEM and submit G&G data/              8  3 submissions...              24
                                information collected under a
                                permit and/or processed by
                                permittees or 3rd parties,
                                including reports, logs or
                                charts, results, analyses,
                                descriptions, etc., as
                                required.
42(b); 52(b).................  Advise 3rd party recipient of             \1/2\  4 notices.......               2
                                obligations. Part of licensing
                                agreement between parties; no
                                submission to BOEM.
42(c), (d); 52(c), (d).......  Notify BOEM of 3rd party                      1  1 notice........               1
                                transactions.
60; 61.......................  Request reimbursement for costs               1  1 request \3\...               1
                                of reproducing data/
                                information & certain
                                processing costs.
70...........................  Enter disclosure agreement.....               4  1 agreement.....               4
72(b)........................  Submit in not less than 5 days                4  1 response......               4
                                comments on BOEM's intent to
                                disclose data/information.
72(d)........................  Contractor submits written                    4  2 submissions...               8
                                commitment not to sell, trade,
                                license, or disclose data/
                                information.
                              ----------------------------------------------------------------------------------
    Subtotal.................  ...............................  ..............  13 Responses....              44
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Part 580.....................  General departure and                         4  1 request.......               4
                                alternative compliance
                                requests not specifically
                                covered elsewhere in Part 580
                                regulations.
Permits \4\..................  Request extension of permit/                  1  2 extensions....               2
                                authorization time period.

[[Page 78476]]

 
Permits \4\..................  Retain G&G data/information for               1  4 respondents...               4
                                10 years and make available to
                                BOEM upon request.
                                                               -------------------------------------------------
    Subtotal.................  ...............................  ..............  7 Responses.....              10
                              ----------------------------------------------------------------------------------
    Total Burden.............  ...............................  ..............  41 Responses....             488
                                                                               ---------------------------------
                                                                                  $4,024 Non-Hour Cost Burdens
----------------------------------------------------------------------------------------------------------------
\1\ Fees are subject to modification per inflation annually.
\2\ Only permits, not authorizations, are subject to cost recovery.
\3\ No requests received for many years. Minimal burden for regulatory (PRA) purposes only.
\4\ These permits/authorizations are prepared by BOEM and sent to respondents; therefore, the forms themselves
  do not incur burden hours.

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified one non-hour cost burden for this collection. Under 
Sec.  580.12(a), there is an application fee of $2,012 when respondents 
submit a permit application (refer to the table above). Respondents 
conducting scientific research are required only to file a notice with 
BOEM and are not subject to the cost recovery fee.
    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: 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.
    If you have costs to generate, maintain, and disclose this 
information, you should comment and provide your total capital and 
startup costs or annual operation, maintenance, and purchase of service 
costs. 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: (a) Before 
October 1, 1995; (b) to comply with requirements not associated with 
the information collection; (c) for reasons other than to provide 
information or keep records for the Government; or (d) 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 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: December 19, 2014.
Deanna Meyer-Pietruszka,
Chief, Office of Policy, Regulations, and Analysis.
[FR Doc. 2014-30559 Filed 12-29-14; 8:45 am]
BILLING CODE 4310-MR-P