[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Notices]
[Pages 46877-46879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17831]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[OMB Control Number 1010-0072; Docket ID: BOEM-2017-0016]


Agency Information Collection Activities; Commercial Prospecting, 
Noncommercial Geological and Geophysical Exploration, and Scientific 
Research for Minerals Other Than Oil, Gas, and Sulfur on the Outer 
Continental Shelf

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of information collection; request for comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Bureau of Ocean Energy Management (BOEM) proposes to renew an 
information collection request (ICR).

DATES: Interested persons are invited to submit comments on or before 
September 20, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent to the Office of Management and 
Budget's Desk Officer for the Department of the Interior within 30 days 
of publication of this notice at www.reginfo.gov/public/do/PRAMain. 
Find this information collection by selecting ``Currently under 
Review--Open for Public Comments'' or by using the search function. 
Please provide a copy of your comments to the BOEM Information 
Collection Clearance Officer, Anna Atkinson, Bureau of Ocean Energy 
Management, 45600 Woodland Road, Sterling, Virginia 20166; or by email 
to [email protected]. Please reference Office of Management and 
Budget (OMB) Control Number 1010-0072 in the subject line of your 
comments.

FOR FURTHER INFORMATION CONTACT: Anna Atkinson by email at 
[email protected] or by telephone at 703-787-1025.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, BOEM provides the general public and Federal agencies with 
an opportunity to comment on new, proposed, revised, and continuing 
collections of information. This helps BOEM assess the impact of the 
information collection requirements and minimize the public's reporting 
burden. It also helps the public understand BOEM's information 
collection requirements.
    Title of Collection: Commercial Prospecting, Noncommercial 
Geological and Geophysical Exploration, and Scientific Research for 
Minerals Other Than Oil, Gas, and Sulfur on the Outer Continental 
Shelf.
    Abstract: This ICR covers the information collection requirements 
in 30 CFR part 580, ``Prospecting for Minerals Other than Oil, Gas, and 
Sulphur \1\ on the Outer Continental Shelf [OCS],'' which concern 
commercial prospecting and scientific research. This request also 
includes information collection requirements related to authorizations 
of noncommercial geological and geophysical (G&G) exploration issued 
pursuant to section 11 of the Outer Continental Shelf Lands Act (OCS 
Lands Act), as amended (43 U.S.C. 1340 et seq., and 43 U.S.C. 1801 et 
seq.).
---------------------------------------------------------------------------

    \1\ BOEM acknowledges that the generally and scientifically 
accepted spelling for this compound is sulfur. Throughout this 
notice, BOEM uses the spelling consistent with its current 
regulations.
---------------------------------------------------------------------------

    The OCS Lands Act authorizes the Secretary of the Interior 
(Secretary) to prescribe rules and regulations to administer leasing of 
mineral resources on the OCS. Section 8 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 [O]uter 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.'' 43 U.S.C. 1337(k)(1). 
Additionally, the Secretary may noncompetitively negotiate agreements 
for the use of OCS sand, gravel, and shell resources for use in shore 
protection, beach restoration, or coastal wetlands restoration projects 
undertaken by a Federal, State, or local government agency, or for use 
in a construction project funded in whole or in part by or authorized 
by the Federal Government. 43 U.S.C. 1337(k)(2).
    Section 11 of the OCS Lands Act states that ``any person authorized 
by the Secretary may conduct geological and geophysical explorations in 
the [O]uter Continental Shelf, which do not

[[Page 46878]]

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.'' 43 U.S.C. 1340(a)(1). The OCS 
Lands Act defines the term ``exploration'' to mean the process of 
searching for minerals by, among other things, ``geophysical surveys 
where magnetic, gravity, seismic, or other systems are used to detect 
or imply the presence of such minerals.'' 43 U.S.C. 1331(k). Section 11 
authorizes permits or authorizations for geological exploration only if 
the Secretary determines that the applicant is qualified and the 
exploration will neither interfere with operations on an existing 
lease, unduly harm aquatic life in the area, result in pollution, 
create hazardous or unsafe conditions, unreasonably interfere with 
other uses of the area, nor disturb any site, structure, or object of 
historical or archaeological significance. 43 U.S.C. 1340(g).
    BOEM considers applications for commercial prospecting and 
noncommercial exploration for marine minerals, as well as scientific 
research related to marine minerals. Under 30 CFR part 580, G&G 
prospecting by any person on unleased lands or on lands leased to a 
third party requires a BOEM permit. G&G activities conducted for 
scientific or academic purpose require submission of a scientific 
research notice.\2\ See 30 CFR 580.11. Because 30 CFR part 580 does not 
apply to noncommercial exploration, such activities are authorized 
directly pursuant to section 11 of the OCS Lands Act. Noncommercial 
exploration includes searching for sand, gravel, and other sources of 
sediment for potential use in qualifying beach nourishment and coastal 
restoration projects.
---------------------------------------------------------------------------

    \2\ A permit is required for scientific research activities that 
involve the use of solid or liquid explosives, the drilling of a 
deep stratigraphic test, or the development of data for proprietary 
use or sale. 30 CFR 580.11(a).
---------------------------------------------------------------------------

    As a Federal agency, BOEM must comply with the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), Endangered Species 
Act (16 U.S.C. 1531 et seq.), National Historic Preservation Act (54 
U.S.C. 300101 et seq.), and Marine Mammal Protection Act (16 U.S.C. 
1361 et seq.), among other environmental laws. Compliance with the 
Endangered Species Act includes a substantive duty to carry out agency 
action in a manner that is unlikely to jeopardize protected species or 
adversely modify designated critical habitat and a procedural duty to 
consult with the U.S. Fish and Wildlife Service and National Marine 
Fisheries Service, as applicable, before engaging in a discretionary 
action that may affect a protected species.
    Under 30 CFR 580.12(a), applicants must submit form BOEM-0134, 
``Requirements for Geological and Geophysical Prospecting, Exploration, 
or Scientific Research on the Outer Continental Shelf Related to 
Minerals Other than Oil, Gas, and Sulphur,'' to provide the information 
necessary to evaluate requests to conduct G&G activities for commercial 
prospecting, noncommercial exploration, and certain scientific 
research.\3\ Under 30 CFR 580.11(b) and 580.12(c), a notice must be 
filed with BOEM for scientific research activities that do not involve 
explosives, deep stratigraphic drilling, or proprietary interests in 
the collected data. BOEM uses the submitted information for several 
purposes: (1) To ensure there are neither adverse effects to the 
marine, coastal, or human environments nor unreasonable interferences 
with other uses; (2) to enhance personal and operational safety; (3) to 
analyze and evaluate preliminary or planned mining activities; (4) to 
monitor progress and activities on the OCS; (5) to acquire G&G data and 
information collected under a Federal permit or authorization; and (6) 
to determine eligibility for reimbursement from the Government for 
certain costs.
---------------------------------------------------------------------------

    \3\ Form BOEM-0134 is required for scientific research 
activities involving explosives, deep stratigraphic drilling, or 
proprietary interests in the collected data. 30 CFR 580.11(a)(1)-
(3).
---------------------------------------------------------------------------

    Upon approval, BOEM issues applicants a permit or an authorization 
(as currently titled form BOEM-0135, ``Permit for Geophysical 
Prospecting for Mineral Resources or Scientific Research on the Outer 
Continental Shelf Related to Minerals Other than Oil, Gas, and 
Sulphur,'' or form BOEM-0136, ``Permit for Geological Prospecting for 
Mineral Resources or Scientific Research on the Outer Continental Shelf 
Related to Minerals Other than Oil, Gas, and Sulphur).
    BOEM may use the information collected during G&G activities to 
understand the characteristics of marine mineral-bearing physiographic 
regions of the OCS. The information aids BOEM in analyzing and weighing 
the potential for environmental damage, the discovery of marine 
minerals, and any associated impacts on adjacent coastal States.
    OMB Control Number: 1010-0072.
    Form Number: Please note: Upon OMB approval of this ICR, BOEM will 
implement new titles for the three existing forms discussed previously 
as follows. BOEM-0134, ``Requirements for Geological and Geophysical 
Prospecting, Exploration, or Scientific Research on the OCS Related to 
Minerals Other Than Oil, Gas, and Sulphur.''
    The following forms are the permits or authorizations issued by 
BOEM based on information provided in BOEM-0134:
    BOEM-0135, ``Permit for Geophysical Prospecting, Authorization of 
Noncommercial Geophysical Exploration or Permit for Scientific Research 
Related to Minerals Other Than Oil, Gas, and Sulphur on the Outer 
Continental Shelf.''
    BOEM-0136, ``Permit for Geological Prospecting, Authorization of 
Noncommercial Geological Exploration, or Permit for Scientific Research 
Related to Minerals Other Than Oil, Gas, and Sulphur on the Outer 
Continental Shelf.''
    Type of Review: Renewal of a currently approved collection.
    Respondents/Affected Public: Permittees, applicants, and other 
respondents, including those required to only file notices (scientific 
research).
    Total Estimated Number of Annual Responses: 49 responses.
    Total Estimated Number of Annual Burden Hours: 730 hours.
    Respondent's Obligation: Mandatory or required to obtain or retain 
a benefit.
    Frequency of Collection: On occasion, annual, or as specified in 
permits or authorizations.
    Total Estimated Annual Non-Hour Burden Cost: $4,024 non-hour cost 
burden.
    Estimated Reporting and Recordkeeping Hour Burden: BOEM estimates 
730 burden hours for this renewal, which is a 245-hour increase in 
annual burden hours over the currently approved information collection. 
The increase in burden hours is attributed to the expected increase in 
the number of annual applications, permits, and authorizations.
    A Federal Register notice with a 60-day public comment period on 
this proposed ICR was published on April 5, 2021 (86 FR 17636). BOEM 
did not receive any comments during the 60-day comment period.
    BOEM is again soliciting comments on this proposed ICR. BOEM is 
especially interested in public comment addressing the following 
issues: (1) Is the collection necessary to the proper functions of 
BOEM; (2) what can BOEM do to ensure this information will be processed 
and used in a timely manner; (3) is the estimate of burden accurate; 
(4) how might BOEM enhance the quality, utility, and clarity of the

[[Page 46879]]

information to be collected; and (5) how might BOEM minimize the burden 
of this collection on the respondents, including minimizing the burden 
through the use of information technology?
    Comments that you submit in response to this notice are a matter of 
public record. BOEM will include or summarize each comment in its 
request to OMB for approval of this ICR. You should be aware that your 
entire comment--including your address, phone number, email address, or 
other personally identifying information--may be publicly disclosed. In 
order to inform BOEM's decision whether it can withhold from disclosure 
your personally identifiable information, you must identify any 
information contained in your comment that, if released, would clearly 
constitute an unwarranted invasion of your privacy. Also, you must 
briefly describe possible harmful consequences of disclosing that 
information, such as embarrassment, injury, or other harm. While you 
can ask BOEM in your comment to withhold your personally identifiable 
information from public disclosure, BOEM cannot guarantee that it will 
be able to do so.
    BOEM protects proprietary information in accordance with the 
Freedom of Information Act (FOIA, 5 U.S.C. 552), and the Department of 
the Interior's implementing regulations (43 CFR part 2).
    A Federal 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 44 U.S.C. 3501 et seq. (Paperwork 
Reduction Act of 1995).

    Signed:
Deanna Meyer-Pietruszka,
Chief, Office of Policy, Regulation, and Analysis.
[FR Doc. 2021-17831 Filed 8-19-21; 8:45 am]
BILLING CODE 4310-MR-P