[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4275-4277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01643]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-NWRS-2021-0155; FXRS12610900000-223-FF09R24000; OMB Control 
Number 1018-0162]


Agency Information Collection Activities; 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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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service (Service), are proposing to revise 
an existing collection of information.

DATES: Interested persons are invited to submit comments on or before 
March 28, 2022.

ADDRESSES: Send your comments on the information collection request 
(ICR) by

[[Page 4276]]

one of the following methods (please reference ``1018-0162'' in the 
subject line of your comments):
     Internet (preferred): https://www.regulations.gov. Follow 
the instructions for submitting comments on Docket No. FWS-HQ-NWRS-
2021-0155.
     Email: [email protected].
     U.S. Mail: Service Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB 
(JAO/3W), Falls Church, VA 22041-3803.

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.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act (PRA) and its implementing regulations at 5 CFR 1320.8(d)(1), 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.
    We are soliciting comments on the proposed information collection 
request (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. We will include or summarize each comment in our request 
to the Office of Management and Budget (OMB) to approve this ICR. 
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.
    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 regulations at 50 CFR, part 29, subpart D provide 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 and Bureau of Land Management, 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 50 CFR, part 29, subpart D 
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. 
No information is submitted unless the operator wishes to conduct oil 
and gas operations.
    We use the information collected to: (1) Evaluate proposed 
operations, (2) ensure that all necessary mitigation measures are 
employed to protect refuge resources and values, and (3) ensure 
compliance with all applicable laws and regulations, including the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its 
regulations (40 CFR parts 1500-1508), the NWRSAA, as amended by the 
NWRSIA, and to 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.

Proposed Revisions

Automation of Application Form Via ePermits

    With this submission, we are proposing to automate FWS Form 3-2469 
in the Service's ``ePermits'' system, an automated permit application 
system that allows the agency to move towards a streamlined permitting 
process to reduce public burden. Public burden reduction is a priority 
for the Service; the Assistant Secretary for Fish, Wildlife, and Parks; 
and senior leadership at the Department of the Interior. The intent of 
ePermits is to fully automate the permitting process to improve the 
customer experience and to reduce time burden on respondents. This 
system enhances the user experience by allowing users to enter data 
from any device that has internet access, including personal computers 
(PCs), tablets, and smartphones. It also links the permit applicant to 
pay associated permit application fees via the Pay.gov system.

Financial Assurances Costs

    With this submission, we will seek OMB approval of the costs 
associated with the financial assurances requirements as they are 
required per regulations contained in 50 CFR 29.103(b) and 50 CFR 
29.150. These are not new costs, but rather we are bringing this 
requirement into compliance with the PRA as an annual non-hour burden 
cost. These costs were inadvertently overlooked with previous 
submissions for this collection of information. The estimated annual 
non-hour cost burden associated with the required financial assurances 
is captured below under ``Total Estimated Annual Non-Hour Burden 
Cost.''
    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: Revision of a currently approved collection.
    Respondents/Affected Public: Businesses that conduct oil and gas 
exploration on national wildlife refuges.

[[Page 4277]]

    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Non-hour Burden Cost: $1,100,000 (22 annual 
responses x $50,000 each).

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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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Application for Temporary Access and Operations Permit (Sec.                  17              17             289
 29.71) (FWS Form 3-2469).......................................
Preexisting Operations (Sec.   29.61)...........................              20              50           1,000
Accessing Oil and Gas Rights from Non-Federal Surface Location                 2               1               2
 (Sec.   29.80).................................................
Pre-application Meeting for Operations Permit (Sec.   29.91)....              22               2              44
Operations Permit Application (Sec.  Sec.   29.94-29.97)........              22             140           3,080
Financial Assurance (Sec.  Sec.   29.103(b), 29.150)............              22               1              22
Identification of Wells and Related Facilities (Sec.                          22               2              44
 29.119(b)).....................................................
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                                            Reporting (Sec.   29.121)
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Third-Party Monitor Report (Sec.   29.121(b))...................             150              17           2,550
Notification--Injuries/Mortality to Fish and Wildlife and                     10               1              10
 Threatened/Endangered Plants (Sec.   29.121(c))................
Notification--Accidents involving Serious Injuries/Death and                  10               1              10
 Fires/Spills (Sec.   29.121(d))................................
Written Report--Accidents Involving Serious Injuries/Deaths and               10              16             160
 Fires/Spills (Sec.   29.121(d))................................
Report--Verify Compliance with Permits (Sec.   29.121(e)).......             120               4             480
Notification--Chemical Disclosure of Hydraulic Fracturing Fluids               2               1               2
 uploaded to FracFocus (Sec.   29.121(f)).......................
Permit Modifications (Sec.   29.160(a)).........................               5              16              80
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                                        Change of Operator Sec.   29.170
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Transferring Operator Notification (Sec.   29.170)..............              10               8              80
Acquiring Operator's Requirements for Wells Not Under a Service                9              40             360
 Permit (Sec.   29.171(a))......................................
Acquiring Operator's Acceptance of an Existing Permit (Sec.                    1               8               8
 29.171(b)).....................................................
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                                  Extension to Well Plugging (Sec.   29.181(a))
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Application for Permit..........................................               5             140             700
Modification....................................................               2              16              32
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                                       Public Information (Sec.   29.210)
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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:.....................................................             465  ..............           8,957
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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.).

Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2022-01643 Filed 1-26-22; 8:45 am]
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