[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Notices]
[Pages 48366-48368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19853]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-NWRS-2019-N092; FXRS12610900000-190-FF09R24000; OMB Control 
Number 1018-0162]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Non-Federal 
Oil and Gas Operations on National Wildlife Refuge System Lands

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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[[Page 48367]]

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service (Service), are proposing to renew an 
information collection.

DATES: Interested persons are invited to submit comments on or before 
October 15, 2019.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's Desk Officer for the 
Department of the Interior by email at [email protected]; or 
via facsimile to (202) 395-5806. Please provide a copy of your comments 
to the Service Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS: PRB/PERMA (JAO-1N), 5275 Leesburg Pike, Falls 
Church, VA 22041-3803 (mail); or by email to [email protected]. Please 
reference OMB Control Number 1018-0162 in the subject line of your 
comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Madonna L. Baucum, Service Information 
Collection Clearance Officer, by email at [email protected], or by 
telephone at (703) 358-2503. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps us assess the impact 
of our information collection requirements and minimize the public's 
reporting burden. It also helps the public understand our information 
collection requirements and provide the requested data in the desired 
format.
    On April 16, 2019, we published a Federal Register notice 
soliciting comments on this collection of information for 60 days, 
ending on June 17, 2019 (84 FR 15628). We received the following 
comments in response to that notice:
    Comment 1: Comment received via email from Andy Reyes on May 10, 
2019. Mr. Reyes expressed support for the Service's rule at 50 CFR part 
29, subpart D (29D rule), and its implementation.
    Response to Comment 1: No action required.
    Comment 2: Comment received via email from Susan E. Magee, on 
behalf of the State of Alaska, on May 29, 2019. The State of Alaska 
requests that Form 3-2469 state that it is not applicable in Alaska.
    Response to Comment 2: The 29D rule specifically exempts Alaska, so 
there is no need to identify this on the form as it would add 
unnecessary additional language.
    We are again soliciting comments on the proposed ICR that is 
described below. We are especially interested in public comment 
addressing the following issues: (1) Is the collection necessary to the 
proper functions of the Service; (2) will this information be processed 
and used in a timely manner; (3) is the estimate of burden accurate; 
(4) how might the Service enhance the quality, utility, and clarity of 
the information to be collected; and (5) how might the Service minimize 
the burden of this collection on the respondents, including through the 
use of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. 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 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.
    Abstract: The authority of the Service to regulate non-Federal oil 
and gas operations on National Wildlife Refuge System (NWRS) lands is 
broadly derived from the Property Clause of the United States 
Constitution (Art. IV, Sec. 3), in carrying out the statutory mandates 
of the Secretary of the Interior, as delegated to the Service, to 
manage Federal lands and resources under the National Wildlife Refuge 
System Administration Act (NWRSAA), as amended by the National Wildlife 
Refuge System Improvement Act (NWRSIA; 16 U.S.C. 668dd et seq.), and to 
specifically manage species within the NWRS under the provisions of 
numerous statutes, the most notable of which are the Migratory Bird 
Treaty Act (MBTA; 16 U.S.C. 715 et seq.), the Endangered Species Act 
(ESA; 16 U.S.C. 1531 et seq.), and the Fish and Wildlife Act of 1956 
(FWA; 15 U.S.C. 742f).
    The Service's 29D rule provides for the continued exercise of non-
Federal oil and gas rights while avoiding or minimizing unnecessary 
impacts to refuge resources and uses. Other land management agencies 
have regulations that address oil and gas development, including the 
Department of the Interior's National Park Service (NPS) and Bureau of 
Land Management (BLM), and the U.S. Department of Agriculture's Forest 
Service. These agencies all require the submission of information 
similar to the information requested by the Service.
    The collection of information is necessary for the Service to 
properly balance the exercise of non-Federal oil and gas rights within 
refuge boundaries with the Service's responsibility to protect wildlife 
and habitat, water quality and quantity, wildlife-dependent 
recreational opportunities, and the health and safety of employees and 
visitors on NWRS lands.
    The information collected under the 29D rule identifies the owner 
and operator (the owner and operator can be the same) and details how 
the operator may access and develop oil and gas resources. It also 
identifies the steps the operator intends to take to minimize any 
adverse impacts of operations on refuge resource and uses. Operators do 
not submit information unless they wish to conduct oil and gas 
operations.
    We use the information collected to do the following:
    (1) Evaluate proposed operations;
    (2) Ensure that all necessary mitigation measures are employed to 
protect refuge resources and values;
    (3) Ensure compliance with all applicable laws and regulations, 
including the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.) and its implementing regulations (40 CFR parts 1500-1508) and the 
NWRSAA, as amended by the NWRSIA; and
    (4) Specifically manage species within the NWRS under the 
provisions of numerous statutes, the most notable of which are the 
MBTA, the ESA, the Fish and Wildlife Coordination Act (16 U.S.C. 661 et 
seq.), and the FWA.
    Title of Collection: Non-Federal Oil and Gas Operations on National 
Wildlife Refuge System Lands, 50 CFR 29, Subpart D.
    OMB Control Number: 1018-0162.
    Form Number: FWS Form 3-2469.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Businesses that conduct oil and gas 
exploration on national wildlife refuges.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.

[[Page 48368]]



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                                                                     Estimated      Completion
                                                                     number of       time per        Estimated
                      Activity/requirement                            annual         response      total  annual
                                                                     responses        (hours)      burden  hours
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Preexisting Operations (Sec.   29.61)...........................              40              50           2,000
Temporary Access Permit Application (Sec.   29.71)..............              35              17             595
Accessing Oil and Gas Rights from Non-Federal Surface Location                 5               1               5
 (Sec.   29.80).................................................
Pre-application Meeting for Operations Permit (Sec.   29.91)....              45               2              90
Operations Permit Application (Sec.  Sec.   29.94-29.97)........              45             140           6,300
Financial Assurance (Sec.  Sec.   29.103(b), 29.150)............              45               1              45
Identification of Wells and Related Facilities (Sec.                          45               2              90
 29.119(b)).....................................................
Reporting (Sec.   29.121)
    Third-Party Monitor Report (Sec.   29.121(b))...............             300              17           5,100
    Notification--Injuries/Mortality to Fish and Wildlife and                 20               1              20
     Threatened/Endangered Plants (Sec.   29.121(c))............
    Notification--Accidents involving Serious Injuries/Death and              20               1              20
     Fires/Spills (Sec.   29.121(d))............................
    Written Report--Accidents Involving Serious Injuries/Deaths               20              16             320
     and Fires/Spills (Sec.   29.121(d))........................
    Report--Verify Compliance with Permits (Sec.   29.121(e))...             240               4             960
    Notification--Chemical Disclosure of Hydraulic Fracturing                  5               1               5
     Fluids uploaded to FracFocus (Sec.   29.121(f))............
    Permit Modifications (Sec.   29.160(a)).....................              10              16             160
Change of Operator
    Transferring Operator Notification (Sec.   29.170)..........              20               8             160
    Acquiring Operator's Requirements for Wells Not Under a                   19              40             760
     Service Permit (Sec.   29.171(a))..........................
    Acquiring Operator's Acceptance of an Existing Permit (Sec.                1               8               8
      29.171(b))................................................
    Extension to Well Plugging (Sec.   29.181(a))...............
    Application for Permit......................................              10             140           1,400
    Modification................................................               5              16              80
Public Information (Sec.   29.210)
    Affidavit in Support of Claim of Confidentiality (Sec.                     1               1               1
     29.210(c) and (d)).........................................
    Confidential Information (Sec.   29.210(e) and (f)).........               1               1               1
    Maintenance of Confidential Information (Sec.   29.210(h))..               1               1               1
    Generic Chemical Name Disclosure (Sec.   29.210(i)).........               1               1               1
        Totals:.................................................             934  ..............          18,122
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    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

    Dated: September 10, 2019.
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2019-19853 Filed 9-12-19; 8:45 am]
BILLING CODE 4333-15-P