[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Pages 17853-17855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07475]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement (BSEE)

[Docket ID BSEE-2016-0015; OMB Number 1014-0012; 17XE1700DX EEEE500000 
EX1SF0000.DAQ000]


Information Collection Activities: Open and Nondiscriminatory 
Access to Oil and Gas Pipelines Under the OCS Lands Act; 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), the 
Bureau of Safety and Environmental Enforcement (BSEE) is notifying the 
public that we have submitted to OMB an information collection request 
(ICR) to renew approval of the paperwork requirements in the 
regulations, Open and Nondiscriminatory Access to Oil and Gas Pipelines 
Under the OCS Lands Act. This notice also provides the public a second 
opportunity to comment on the paperwork burden of these regulatory 
requirements.

DATES: You must submit comments by May 15, 2017.

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 (1014-0012). Please provide a copy of your comments to 
BSEE by any of the means below.
     Electronically go to http://www.regulations.gov. In the 
Search box, enter BSEE-2016-0015 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: Nicole Mason; 45600 Woodland Road, 
Sterling, VA 20166. Please reference 1014-0012 in your comment and 
include your name and return address.

FOR FURTHER INFORMATION CONTACT: Nicole Mason, 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 part 291, Open and Nondiscriminatory Access to Oil 
and Gas Pipelines Under the OCS Lands Act.
    OMB Control Number: 1014-0012.
    Abstract: The Outer Continental Shelf (OCS) Lands Act (OCSLA) at 43 
U.S.C. 1334 authorizes the Secretary of the Interior to prescribe rules 
and regulations necessary for the administration of the leasing 
provisions of that Act related to mineral resources on the OCS. Such 
rules and regulations will apply to all operations conducted under a 
lease, right-of-way, or a right-of-use and easement. Operations on the 
OCS must preserve, protect, and develop oil and natural gas resources 
in a manner that is consistent with the need to make such resources 
available to meet the Nation's energy needs as rapidly as possible; to 
balance orderly energy resource development with protection of human, 
marine, and coastal environments; to ensure the public a fair and 
equitable return on the resources of the OCS; and to preserve and 
maintain free enterprise competition.
    The OCSLA requires open and nondiscriminatory access to oil and gas 
pipelines. The OCSLA provides the Secretary of the Interior the 
authority to issue and enforce rules to assure open and 
nondiscriminatory access to pipelines. These regulations provide a 
mechanism for entities who believe they have been denied open and 
nondiscriminatory access to pipelines on the OCS. The BSEE established 
a process, via the subject regulations, to submit complaints alleging 
denial of access or discriminatory access for a shipper transporting 
oil or gas production from Federal leases on the OCS. The complaint 
should include a comprehensive written brief stating the legal and 
factual basis for the allegation that a shipper was denied open and 
nondiscriminatory access, together with supporting material. Upon 
completion, the BSEE Director will review the complaint, answer, and 
other information, and will serve all parties with a written decision 
that may include remedial action.
    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, 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

[[Page 17854]]

accrue to the public at large. Regulations at Sec. Sec.  291.106(b) and 
291.108 require a nonrefundable processing fee of $7,500 that a shipper 
must pay when filing a complaint to BSEE.
    On November 2, 2015, the President signed into law the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 
701 of Pub. L. 114-74) (FCPIA of 2015). The OCSLA directs the Secretary 
of the Interior to adjust the OCSLA maximum civil penalty amount at 
least once every three years to reflect any increase in the Consumer 
Price Index (CPI) to account for inflation (43 U.S.C. 1350(b)(1)). The 
FCPIA of 2015 requires Federal agencies to adjust the level of civil 
monetary penalties with an initial ``catch-up'' adjustment, if 
warranted, through rulemaking and then to make subsequent annual 
adjustments for inflation. The purpose of these adjustments is to 
maintain the deterrent effect of civil penalties and to further the 
policy goals of the underlying statutes. Regulations at Sec. Sec.  
291.110 and 291.113 address civil penalties for failure to provide BSEE 
additional requested information, and/or to comply with a BSEE order to 
provide open access or nondiscriminatory access.
    This authority and responsibility are among those delegated to 
BSEE. The regulations at 30 CFR 291 concern open and nondiscriminatory 
access to pipelines, and are the subject of this collection. 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.
    Responses are voluntary but are required to obtain or retain a 
benefit. No questions of a sensitive nature are asked. The BSEE 
protects information considered confidential commercial or proprietary 
according to the Freedom of Information Act (5 U.S.C. 552) and DOI's 
implementing regulations (43 CFR 2); 30 CFR 291.111, How does BSEE 
treat the confidential information I provide.
    The BSEE uses the submitted information to initiate a more detailed 
review into the specific circumstances associated with a complainant's 
allegation of denial of access or discriminatory access to pipelines on 
the OCS. The complaint information will be provided to the alleged 
offending party. Alternative dispute resolution may be used either 
before or after a complaint has been filed to informally resolve the 
dispute. The BSEE may request additional information upon completion of 
the initial review.
    Frequency: On occasion.
    Description of Respondents: Potential respondents include companies 
that ship or transport oil and gas production across the OCS; as well 
as, Federal OCS oil, gas, or sulfur lessees and/or operators and 
holders of pipeline rights-of-way.
    Estimated Reporting and Recordkeeping Hour Burden: The estimated 
annual hour burden for this information collection is a total of 51 
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.

                                                Burden Breakdown
----------------------------------------------------------------------------------------------------------------
                                                                                  Average number
        Citation 30 CFR 291          Reporting and recordkeeping    Hour burden      of annual     Annual burden
                                             requirements                            responses         hours
----------------------------------------------------------------------------------------------------------------
                                                         Non-hour cost burden
----------------------------------------------------------------------------------------------------------------
105, 106, 108, 109, 111............  Submit complaint (with fee)              50               1              50
                                      to BSEE and affected
                                      parties. Request
                                      confidential treatment and
                                      respond to BSEE decision.
                                                                 -----------------------------------------------
                                                                              $7,500 fee x 1 = $7,500
                                                                 -----------------------------------------------
106(b), 109........................  Request waiver or reduction               1               1               1
                                      of fee.
                                                                 -----------------------------------------------
104(b), 107, 111...................  Submit response to a          Information required after an               0
                                      complaint. Request              investigation is opened
                                      confidential treatment and   against a specific entity is
                                      respond to BSEE decision.     exempt under the PRA (5 CFR
                                                                        1320.4(a)(2), (c))
110................................  Submit required information
                                      for BSEE to make a
                                      decision.
114, 115(a)........................  Submit appeal on BSEE final
                                      decision.
                                                                 -----------------------------------------------
    Total Burden...................  ...........................  ..............               2              51
                                                                                 -------------------------------
                                                                                    $7,500 Non-Hour Cost Burden
----------------------------------------------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have 
identified one non-hour cost burden of $7,500. The BSEE requires that 
shippers pay a nonrefundable fee of $7,500 for a complaint submitted to 
BSEE (30 CFR 291.106). The fee is required to recover the Federal 
Government's processing costs.
    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

[[Page 17855]]

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 September 22, 
2016, BSEE published a Federal Register notice (81 FR 65403) announcing 
that we would submit this ICR to OMB for approval. The notice provided 
the required 60-day comment period. In addition, Sec.  291.1 provides 
the OMB Control Number for the information collection requirements 
imposed by the 30 CFR part 291 regulations. 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 comment in response to the Federal Register 
notice; however, it was not germane to this collection.
    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.
    BSEE Information Collection Clearance Officer: Nicole Mason, 703-
787-1607.

    Authority:  The authorities for this action are the Outer 
Continental Shelf (OCS) Lands Act (43 U.S.C. 1334), and the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

    Dated: February 28, 2017.
Eric Miller,
Acting Deputy Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2017-07475 Filed 4-12-17; 8:45 am]
 BILLING CODE 4310-VH-P