[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.

------------------------------------------------------------------------
                                     Reporting and
 Section(s) in 30 CFR part 285       recordkeeping       Burden changes
                                      requirement       and/or additions
------------------------------------------------------------------------
    Subpart H--Environmental and Safety Management, Inspections, and
Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
    Total would add to 1014-0034 BSEE inventory:        883 burden
                                                         hours.
------------------------------------------------------------------------


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    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.

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    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