[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Notices]
[Pages 23050-23053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09589]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[MMAA104000]


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

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 
pertains to the regulations under 30 CFR 580, Prospecting for Minerals 
Other than Oil, Gas, and Sulphur on the Outer Continental Shelf, as 
well as authorizations of noncommercial

[[Page 23051]]

geological and geophysical (G&G) activities issued pursuant to Section 
11 of the Outer Continental Shelf Lands Act (OCSLA). This notice 
provides the public a second opportunity to comment on the paperwork 
burden of this collection.

DATES: Submit written comments by May 26, 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 Information Collection Clearance Officer, Bureau of 
Ocean Energy Management, 45600 Woodland Road, Sterling, Virginia 20166 
(mail) or [email protected] (email). 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] (email) or (703) 787-1025 (phone). 
You may review the ICR 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: 1010-0072.
    Title: 30 CFR 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

[[Page 23052]]

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 
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 a total of 488 hours. The 
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
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                                      Reporting and
  Citation 30 CFR part 580, as        recordkeeping         Hour burden      Average number of     Annual burden
           applicable                  requirements                          annual  responses         hours
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                                                                         Non-Hour Cost Burden \1\
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                                                    Subpart B
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10; 11(a); 12; 13; Permit Form.  Apply for permit or                  88  2 permits.............             176
                                  authorization (Form                     2 authorizations......             176
                                  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.
                                                         -------------------------------------------------------
                                                              $2,012 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.
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                                                    Subpart C
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21(a)..........................  Report to BOEM if                     1  1 report..............               1
                                  hydrocarbon/other
                                  mineral occurrences or
                                  environmental hazards
                                  are detected or
                                  adverse effects occur.
22.............................  Request approval to                   1  2 requests............               2
                                  modify operations,
                                  with required
                                  information.
23(b)..........................  Request reimbursement                 1  3 requests............               3
                                  for expenses for BOEM
                                  inspection.
24.............................  Submit status and final              12  4 reports.............              48
                                  reports on specified
                                  schedule/format.
28.............................  Request relinquishment                1  1 relinquishment \3\..               1
                                  of permit.
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.
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33, 34.........................   Appeal penalty, order, or decision--burden exempt under 5 CFR                0
                                                         1320.4(a)(2), (c)
                                --------------------------------------------------------------------------------
    Subtotal                     .......................  ..............  14 Responses..........              58
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                                                    Subpart D
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40; 41; 50; 51; Permit Form....  Notify BOEM and submit                8  3 submissions.........              24
                                  G&G data/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                  \1/2\  4 notices.............               2
                                  recipient of
                                  obligations. Part of
                                  licensing agreement
                                  between parties; no
                                  submission to BOEM.
42(c), (d); 52(c), (d).........  Notify BOEM of 3rd                    1  1 notice..............               1
                                  party transactions.
60; 61.........................  Request reimbursement                 1  1 request \3\.........               1
                                  for costs of
                                  reproducing data/
                                  information & certain
                                  processing costs.
70.............................  Enter disclosure                      4  1 agreement...........               4
                                  agreement..

[[Page 23053]]

 
72(b)..........................  Submit in not less than               4  1 response............               4
                                  5 days comments on
                                  BOEM's intent to
                                  disclose data/
                                  information.
72(d)..........................  Contractor submits                    4  2 submissions.........               8
                                  written commitment not
                                  to sell, trade,
                                  license, or disclose
                                  data/information.
                                                         -------------------------------------------------------
    Subtotal                     .......................  ..............  13 Responses..........              44
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                                                     General
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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                  1  2 extensions..........               2
                                  permit/authorization
                                  time period.
Permits \4\....................  Retain G&G data/                      1  4 respondents.........               4
                                  information for 10
                                  years and make
                                  available to BOEM upon
                                  request..
                                                         -------------------------------------------------------
    Subtotal                     .......................  ..............  7 Responses...........              10
                                --------------------------------------------------------------------------------
        Total Burden...........  .......................  ..............  41 Responses..........             488
                                                                         ---------------------------------------
                                                                               $4,024 Non-Hour Cost Burdens.
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\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.
    To comply with the public consultation process, on December 30, 
2014, BOEM published a Federal Register notice (79 FR 78473) announcing 
that we would submit this ICR to OMB for approval. This notice provided 
the required 60-day comment period. We received two comments. The first 
comment is not germane to the collection; and the second comment, from 
North American Submarine Cable Association (NASCA), urges BOEM to 
modify form BOEM-0134 to require permit applicants to identify and 
coordinate with NASCA with respect to submarine cables in the vicinity 
of any planned marine minerals activities. BOEM appreciates the 
detailed comments that NASCA submitted. We noted the new suggested 
mitigation measures not included in prior NASCA comments. Please note 
that a reference to submarine does appear in the form itself (under 
General Requirements of Permits and Notices 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 NASCA.
    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: April 14, 2015.
Deanna Meyer-Pietruszka,
Chief, Office of Policy, Regulations, and Analysis.
[FR Doc. 2015-09589 Filed 4-23-15; 8:45 am]
BILLING CODE 4310-MR-P