[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Proposed Rules]
[Pages 309-311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27019]
[[Page 309]]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 285
Bureau of Ocean Energy Management
30 CFR Part 585
[Docket No. BSEE-2023-0015 EEEE500000 245E1700D2 ET1SF0000.EAQ000]
RIN 1010-AE04
Renewable Energy Modernization Rule; Correction
AGENCY: Bureau of Ocean Energy Management (BOEM) and Bureau of Safety
and Environmental Enforcement (BSEE), Interior.
ACTION: Proposed rule; correction.
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SUMMARY: The Department of the Interior (DOI) is publishing this
correction to certain collections of information described in the
preamble of the proposed rule titled ``Renewable Energy Modernization
Rule'' (Proposed Rule) for public notice and comment. BSEE, in
coordination with BOEM, is correcting and soliciting comments related
to the preamble discussion of certain information collection burdens
that subsequently transferred to BSEE under the rule titled
``Reorganization of Title 30-Renewable Energy and Alternate Uses of
Existing Facilities on the Outer Continental Shelf'' (Reorganization
Rule).
DATES: BSEE must receive your comments on or before March 4, 2024.
ADDRESSES: You may submit comments on the proposed amendments to the
collections of information by any of the following methods. Please use
the Regulation Identifier Number (RIN) RIN 1010-AE04 as an identifier
in your message:
Electronically go to https://www.regulations.gov. In the
search box, enter BSEE-2023-0015 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 the Department of the Interior; Bureau of Safety
and Environmental Enforcement; Regulations and Standards Branch; ATTN:
Nikki Mason; 45600 Woodland Road, Sterling, VA 20166. Please reference
OMB Control Number 1014-0034 in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: Nikki Mason by email at
[email protected] or by telephone at (703) 787-1607. Individuals in
the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
You may also view the information collection request (ICR) at http://www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 (PRA) and 5 CFR 1320.8(d)(1), all information collections
require approval under the PRA.
This correction pertains to the Proposed Rule, which published in
the Federal Register on January 30, 2023 (88 FR 5968). Subsequently,
DOI published the Reorganization Rule in the Federal Register on
January 31, 2023 (88 FR 6376). The Reorganization Rule relocated or
reproduced certain regulatory provisions addressed in the Proposed Rule
under 30 CFR part 585 to the newly created 30 CFR part 285. The Office
of Management and Budget (OMB) has assigned OMB Control Number 1014-
0034 to the collections of information under 30 CFR part 285.
The DOI is correcting the proposed rule preamble discussion in
section VII.A.2, ``Paperwork Reduction Act of 1995,'' by adding the
relevant BSEE burden hours covered under 30 CFR 285 Subpart H. The
proposed burden information for 30 CFR 285 Subpart H reflects the
reallocation of the relevant information collection burdens from part
585 to part 285, now under BSEE's administration. Accordingly, DOI is
publishing these corrections to allow for public comment on the amended
collections of information only.
Correction
In FR Doc No. 2023-00668, appearing on page 5968, in the Federal
Register of January 30, 2023, make the following correction:
1. Add the following information to the end of the preamble section
VII.A.2 ``Paperwork Reduction Act of 1995'':
The following Proposed Rule information collections found in 30 CFR
part 585, subpart I, ``Environmental and Safety Management,
Inspections, and Facility Assessments for Activities Conducted Under
SAPs, COPs, and GAPs,'' are now administered by BSEE under 30 CFR part
285, subpart H. These information collections are included in OMB
Control Number 1014-0034.
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Reporting and
Section(s) in 30 CFR part 285 recordkeeping Burden changes
requirement and/or additions
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Subpart H--Environmental and Safety Management, Inspections, and
Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs
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285.810; 285.614(b); Use a Safety 35 hours x 2
285.632(b); 285.651 Management System for submissions =
(See Note 1 below)............ all activities 70 annual
conducted pursuant to burden hours.
a lease and make 60 hours
available to BSEE attributable to
upon request. Submit 285.810.
safety management
system description
with a COP, or with a
SAP or GAP, if
facilities being
installed are deemed
by BOEM to be complex
or significant.
285.812(b)(1) Form BSEE-0187 Submit safety and 82 hours x 10
(See note 2 below)............ environmental submissions =
performance data 820 annual
(Form BSEE-0187, burden hours.
Performance Measures
Data--Renewable
Energy).
285.812(b)(2) Provide report summary 5 hours x 1
(See note 3 below)............ on SMS audit, report = 5
corrective actions, annual burden
and changes to SMS hours.
every 3 years.
285.830(d) Report oil spills as Burden covered
(See note 4 below)............ required by BSEE 30 under BSEE 1014-
CFR 250.187. 0007. (-2
annual burden
hours and -1
report).
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Total would add to 1014-0034 BSEE inventory: 883 burden
hours.
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[[Page 310]]
Note 1: Proposed Sec. 285.810 would clarify that BSEE requires
lessees to submit a safety management system (SMS) before conducting
any activities under a lease, including meteorological buoy placement
and site assessment work. This would clarify that BSEE requires a
structured approach to safe operations during the conduct of any
activity under a lease, through an SMS, whether or not covered by a
formal plan. BSEE proposes to add 60 annual burden hours to Sec.
285.810. The remaining 10 burden hours associated with the proposed
revisions would remain under the BOEM information collection number
identified in the Proposed Rule.
Note 2: Proposed Sec. 285.812(b)(1) would add new reporting
requirements: it would require an annual summary of safety performance
data covering the previous calendar year during which site assessment,
construction, operations, or decommissioning activities occurred by
submitting Form BSEE-0187, Performance Measures Data--Renewable Energy.
This form would include company identification and number of injuries,
illnesses, and hours worked by company employees and contractors. This
information would be used to develop incident rates that would help
assess workplace safety and environmental compliance across the OCS
renewable energy industry. BSEE proposes to add 820 annual burden hours
to Sec. 285.812(b)(1).
Note 3: Proposed Sec. 285.812(b)(2) would require a summary of the
most recent SMS audit, corrective actions implemented or pending
because of that audit, and an updated SMS description highlighting
changes made since the last report. This report would be due every 3
years or upon BSEE's request. BSEE proposes to add 5 annual burden
hours to Sec. 285.812(b)(2).
Note 4: For Sec. 285.830(d), BSEE is proposing to subtract 2
burden hours because the burdens for reporting oil spills falls under
OMB Control Number 1014-0007.
Abstract: BSEE will use the collected information to oversee
facility design, fabrication, installation, and safety management
systems; ensure the safety of operations through inspection programs
and incident reporting and investigations; enforce compliance with all
applicable safety, environmental, and other laws and regulations
through enforcement actions (such as noncompliance notices, cessation
orders, and certain lease suspensions); and oversee decommissioning
activities.
Title of Collection: 30 CFR part 285, ``Renewable Energy and
Alternate Uses of Existing Facilities on the Outer Continental Shelf.''
OMB Control Number: 1014-0034.
Form Number: Forms BSEE-1835 Notice(s) of Noncompliance (NONCs) and
BSEE-0187 Performance Measures Data--Renewable Energy.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Primary respondents comprise companies
that submit unsolicited proposals or responses to Federal Register
notices or are lessees, designated operators, and right-of-way or
right-of-use and easement grant holders. Other potential respondents
are companies or State and local governments that submit information or
comments relative to alternative energy-related uses of the OCS;
certified verification agents; and surety or third-party guarantors.
Total Estimated Number of Annual Respondents: Currently there are
approximately 47 lessees holding leases for OCS wind energy
development. Not all the potential respondents will submit information
in any given year, and some may submit multiple times.
Total Estimated Number of Annual Responses: 10.
Estimated Completion Time per Response: Varies from 30 minutes to
6,000 hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 883.
Respondent's Obligation: Responses are mandatory and are required
to obtain or retain a benefit.
Frequency of Collection: Generally, submissions are on occasion or
annual.
Total Estimated Annual Nonhour Burden Cost: N/A.
If the proposed requirements become effective and OMB approves the
information collection request, BSEE would revise the existing OMB
Control Number 1014-0034 for the affected subpart discussed above and
would adjust the annual burden hours accordingly. The information
collections related to 30 CFR part 285 do not include questions of a
sensitive nature. BSEE will continue to protect proprietary information
in keeping with its legal obligations and DOI's implementing
regulations, which address disclosure of information to the public.
In addition, the PRA requires agencies to estimate the total annual
reporting and recordkeeping non-hour cost burden resulting from the
collection of information. BSEE solicits your comments regarding non-
hour cost burdens arising from this amendment. For reporting and
recordkeeping only, your response should split the cost estimate into
two components: (1) total capital and startup cost component, and (2)
annual operation, maintenance, and disclosure cost component to provide
the information. You should describe the methods you use to estimate
your cost components, including system and technology acquisition,
expected useful life of capital equipment, discount rates, and the
period over which you incur costs. Generally, your estimates should not
include equipment or services purchased: (1) before October 1, 1995;
(2) to comply with requirements not associated with the information
collection arising from this proposed rule; (3) for reasons other than
to provide information or to keep records for the U.S. Government; or
(4) as part of customary and usual business or private practices.
As part of BSEE's continuing effort to reduce paperwork and
respondent burdens, BSEE invites the public and other Federal agencies
to comment on any aspect of this information collection, including:
(1) Is the proposed information collection necessary or useful for
BSEE to properly perform its functions?
(2) Are the estimated annual burden hour increases and decreases
resulting from the proposed rule reasonable?
(3) Is the estimated annual non-hour cost burden resulting from
this information collection reasonable?
(4) Do you have any suggestions that would enhance the quality,
clarity, or usefulness of the information to be collected?
(5) Is there a way to minimize the information collection burden on
those who must respond, such as by using appropriate automated digital,
electronic, mechanical, or other forms of information technology?
Comments submitted in response to this amendment are a matter of
public record. BSEE will include or summarize each comment to OMB for
approval of this information collection. You should be aware that your
entire comment--including your address, phone number, email address, or
other personally identifiable information included in your comment--may
be made publicly available at any time. BSEE will make available for
public inspection all comments in their entirety (except proprietary
information).
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.
[[Page 311]]
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Steven H. Feldgus,
Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2023-27019 Filed 1-2-24; 8:45 am]
BILLING CODE 4310-VH-P