[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Notices]
[Pages 52501-52505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13710]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[OMB Control Number 1010-0072; Docket ID: BOEM-2024-0007]


Agency Information Collection Activities; Commercial Prospecting, 
Noncommercial 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.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Bureau of Ocean Energy Management (BOEM) proposes this information 
collection request (ICR) to renew Office of Management and Budget (OMB) 
control number 1010-0072.

DATES: Comments must be received by BOEM no later than August 23, 2024.

ADDRESSES: Send written comments on this ICR by mail 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 OMB control 
number 1010-0072 in the subject line of your comments. You may comment 
on the ICR and view related documents by searching for the docket 
number ``BOEM-2024-0007'' at https://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, BOEM provides the general public and other Federal 
agencies with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps BOEM assess the 
impact of its information collection requirements and minimize the 
public's reporting burden. It also helps the public understand BOEM's 
information collection requirements and provide the requested data in 
the desired format.
    BOEM is soliciting comments on the proposed ICR described below. 
BOEM is especially interested in public comments addressing the 
following issues: (1) is the collection necessary to the proper 
functions of BOEM; (2) what can BOEM do to ensure that this information 
is processed and used in a timely manner; (3) is the burden estimate 
accurate; (4) how might BOEM enhance the quality, utility, and clarity 
of the 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?

[[Page 52502]]

    Comments that you submit in response to this notice are a matter of 
public record. BOEM will include or summarize each comment in its ICR 
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. Even if BOEM 
withholds your personally identifiable information in the context of 
this ICR, your comment is subject to the Freedom of Information Act 
(FOIA) (5 U.S.C. 552). Your information will only be withheld if a 
determination is made that one of the FOIA exemptions to disclosure 
applies. Such a determination will be made in accordance with the 
Department of the Interior's (DOI) FOIA implementing regulations (43 
CFR part 2) and applicable law.
    In order for BOEM to consider withholding from disclosure your 
personally identifiable information, you must identify, in a cover 
letter, any information contained in the submittal of your comments 
that, if released, would constitute a clearly unwarranted invasion of 
your personal privacy. You must also briefly describe any possible 
harmful consequences of the disclosure of information, such as 
embarrassment, injury, or other harm. Note that BOEM will make 
available for public inspection, in their entirety, all comments 
submitted by organizations and businesses, or by individuals 
identifying themselves as representatives of organizations or 
businesses.
    BOEM protects proprietary information in accordance with FOIA, 
DOI's implementing regulations (43 CFR part 2), and 30 CFR part 580.70, 
promulgated pursuant to the Outer Continental Shelf Lands Act (OCS 
Lands Act) (43 U.S.C. 1352(c)).
    Title of Collection: Commercial Prospecting, Noncommercial 
Exploration, and Scientific Research for Minerals Other Than Oil, Gas, 
and Sulfur on the Outer Continental Shelf (Applicable, in part, to 30 
CFR part 580).
    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 involves 
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 OCS Lands Act. 43 U.S.C. 1340.
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    \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.
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    Section 11(a)(1) of the OCS Lands Act states that ``any person 
authorized by the Secretary [of the Interior] may conduct geological 
and geophysical explorations in the [O]uter Continental Shelf, which do 
not 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(g) authorizes permits or authorizations for geological exploration 
only if the Secretary determines that the applicant is qualified and 
the exploration will not 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. A permit also is required to 
conduct scientific research activities that involve the use of solid or 
liquid explosives, the drilling of a deep stratigraphic test, or the 
development of data and information for proprietary use or sale. 30 CFR 
580.11(a). Otherwise, G&G activities conducted for scientific or 
academic purposes require only the submission of a scientific research 
notice. 30 CFR 580.11(b). G&G activities are also conducted for 
noncommercial exploration purposes and may include, for example, 
searching for sand, gravel, and other sources of sediment for potential 
use in qualifying beach nourishment and coastal restoration projects. 
See 43 U.S.C. 1337(k). Because 30 CFR part 580 does not apply to 
noncommercial exploration, such G&G activities would be authorized 
directly pursuant to section 11 of the OCS Lands Act.
    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.), and National Historic Preservation Act 
(54 U.S.C. 300101 et seq.), among other laws. Compliance with the 
Endangered Species Act requires BOEM to carry out any agency action in 
a manner that is not likely to jeopardize protected species or 
adversely modify designated critical habitat and 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.
    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 their requests to conduct G&G activities for commercial 
prospecting, noncommercial exploration, and certain 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 will be neither 
adverse effects to the marine, coastal, or human environment, personal 
harm, unsafe operations and conditions, 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.
    Upon approval, BOEM issues applicants a permit or an authorization 
(as currently titled Form BOEM-0135, ``Permit for Geophysical 
Prospecting, Authorization for Noncommercial Geophysical Exploration, 
or Permit for Scientific Research for Minerals Other than Oil, Gas, and 
Sulphur on the Outer Continental Shelf,'' or Form BOEM-0136, ``Permit 
for Geological Prospecting, Authorization for Noncommercial Geological 
Exploration, or Permit for Scientific Research for Minerals Other than 
Oil, Gas, and Sulphur on the Outer Continental Shelf'').
    BOEM may use the information collected during G&G activities to

[[Page 52503]]

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: 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 permit forms issued by BOEM based on 
information provided in BOEM-0134:
    BOEM-0135, ``Permit for Geophysical Prospecting, Authorization for 
Noncommercial Geophysical Exploration, or Permit for Scientific 
Research for Minerals Other than Oil, Gas, and Sulphur on the Outer 
Continental Shelf.''
    BOEM-0136, ``Permit for Geological Prospecting, Authorization for 
Noncommercial Geological Exploration, or Permit for Scientific Research 
for 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: 45 responses.
    Total Estimated Number of Annual Burden Hours: 826 hours.
    Respondent's Obligation: Mandatory or required to retain or obtain 
a benefit.
    Frequency of Collection: On occasion, annual, or as specified in 
permits.
    Total Estimated Annual Non-hour Burden Cost: $4,024 non-hour cost 
burden.
    The following table details the individual components and 
respective annual burden estimates of this ICR. The current approved 
annual burden hours are equal to 730 hours. This ICR increases annual 
burdens by 96 hours to a total of 826 hours, based on BOEM's recent 
collection of data and information. The changes in annual burden hours 
include the following:
     For subpart B, BOEM is increasing the annual burden hours 
from 24 hours to 72 hours, due to an increase in the estimated time 
needed to file a notice to conduct scientific research activities 
related to hard minerals (+48 hours).
     For subpart D, BOEM is increasing annual burden hours from 
40 hours to 96 hours, due to an increase in the estimated time per 
response and an increase in the number of submissions for notification 
and submission of G&G data from 5 submissions to 6 (+56 hours). BOEM is 
also decreasing annual burden hours from 8 hours to 4 hours, due to a 
reduction in the number of submissions of information related to a 
contractor's commitment not to sell, trade, license, or disclose data 
from 2 submissions to 1 (-4 hours).
     BOEM is also decreasing annual burden hours from 6 hours 
to 2 hours, due to a decrease in the number of respondents being 
required by the issued permits to retain G&G data from 6 respondents to 
2. (-4 hours)
    BOEM assumed that respondents perform certain requirements in the 
normal course of their activities and took that into account in 
estimating the burden.

                                                  Burden Table
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                                        Reporting and
   Citation 30 CFR part 580, as         recordkeeping         Hour burden    Average  number of   Annual  burden
            applicable                   requirements                         annual  responses        hours
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                                                      Non-hour cost burden \1\
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                                                    Subpart B
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10; 11(a); 12(a); 13; Permit Form  Apply for permit or                  88  2 permit                         176
                                    authorization (Form                      applications.                   352
                                    BOEM-0134) to conduct                   4 applications for
                                    commercial prospecting/                  authorization.
                                    noncommercial
                                    exploration or G&G
                                    scientific research
                                    activities, including
                                    prospecting/scientific
                                    research plan and
                                    environmental
                                    assessment or required
                                    drilling plan. Provide
                                    notifications and
                                    additional information
                                    as required.
                                                           -----------------------------------------------------
                                                             $2,012 permit application fee \1\ x 2 permits \2\ =
                                                                                   $4,024
                                                           -----------------------------------------------------
11(b); 12(c).....................  File notice to conduct               24  3 notices...........              72
                                    scientific research
                                    activities related to
                                    hard minerals not
                                    covered by 30 CFR
                                    580.11(a), including
                                    notice to BOEM prior
                                    to beginning and after
                                    concluding activities.
                                                           -----------------------------------------------------
    Subtotal.....................  .......................  ..............  9 Responses.........             600
                                                                           -------------------------------------
                                                                                 $4,024 Non-Hour Cost Burden
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                                                    Subpart C
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21(a)............................  Report to BOEM if                     1  2 reports...........               2
                                    hydrocarbon/other
                                    mineral occurrences
                                    are detected; if
                                    environmental hazards
                                    that imminently
                                    threaten life and
                                    property are detected;
                                    or adverse effects
                                    occur to the
                                    environment, aquatic
                                    life, archaeological
                                    resources or other
                                    uses of the area.

[[Page 52504]]

 
22...............................  Submit written request                1  4 requests..........               4
                                    for approval to modify
                                    operations, with
                                    required information.
23(b)............................  Request reimbursement                 1  3 requests..........               3
                                    for food, quarters,
                                    and/or transportation
                                    expenses for BOEM
                                    inspection.
24...............................  Submit status and final              16  6 reports...........              96
                                    reports on specified
                                    schedule with daily
                                    log.
28...............................  Request relinquishment                1  1 request \3\.......               1
                                    of permit by certified
                                    or registered mail.
                                                           --------------------------------------
31(b); 73(a)(b)..................  Governor(s) of adjacent    Not considered IC as defined in 5                0
                                    State(s) submit to                CFR 1320.3(h)(4)
                                    BOEM: comments on
                                    activities involving
                                    an environmental
                                    assessment; any
                                    agreement between
                                    Governor and Secretary
                                    upon Governor's
                                    request for
                                    proprietary data,
                                    information, and
                                    samples; and any
                                    disclosure agreement.
                                                           --------------------------------------
33, 34...........................  Appeal civil penalty;          Burden exempt under 5 CFR                    0
                                    appeal order or                   1320.4(a)(2); (c)
                                    decision.
                                                           -----------------------------------------------------
    Subtotal.....................  .......................  ..............  16 Responses........             106
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                                                    Subpart D
----------------------------------------------------------------------------------------------------------------
40; 41; 50; 51; Permit Form......  Notify BOEM and submit               16  6 submissions.......              96
                                    G&G data including
                                    analysis, processing
                                    or interpretation of
                                    information collected
                                    under a permit and/or
                                    processed by
                                    permittees or 3rd
                                    parties, including
                                    reports, logs or
                                    charts, results,
                                    analyses,
                                    descriptions, etc., as
                                    required.
42(b); 52(b).....................  Advise 3rd party                  \1/2\  4 notices...........               2
                                    recipient in writing
                                    that it assumes
                                    obligations as
                                    condition precedent of
                                    sale--no submission to
                                    BOEM is required.
42(c), (d); 52(c), (d)...........  Written notification to               1  1 notice............               1
                                    BOEM of sale, trade,
                                    transfer, or licensing
                                    of data and identify
                                    recipient.
60; 61...........................  Request reimbursement                 1  1 request \3\.......               1
                                    for costs of
                                    reproducing data/
                                    information and
                                    certain processing
                                    costs.
70(d)(1)(i)......................  Enter into disclosure                 4  1 agreement.........               4
                                    agreement.
72(b)............................  Submit comments on                    4  1 response..........               4
                                    BOEM's intent to
                                    disclose data/
                                    information for
                                    reproduction,
                                    processing, and
                                    interpretation.
72(d)............................  Independent contractor                4  1 submission........               4
                                    or agent prepares and
                                    signs written
                                    commitment not to
                                    sell, trade, license,
                                    or disclose data/
                                    information without
                                    BOEM approval.
                                                           -----------------------------------------------------
    Subtotal.....................  .......................  ..............  15 Responses........             112
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                                                     General
----------------------------------------------------------------------------------------------------------------
Part 580.........................  General departure and                 4  1 request...........               4
                                    alternative compliance
                                    requests not
                                    specifically covered
                                    elsewhere in Part 580
                                    regulations.
Permits \4\......................  Request extension of                  1  2 requests..........               2
                                    permit/authorization
                                    time period.
Permits \4\......................  Retain G&G data/                      1  2 respondents.......               2
                                    information for 10
                                    years and make
                                    available to BOEM upon
                                    request.
                                                           -----------------------------------------------------
    Subtotal.....................  .......................  ..............  5 Responses.........               8
                                                           -----------------------------------------------------
        Total                                                               45 Responses........             826
        Burden...................
                                                                           -------------------------------------

[[Page 52505]]

 
                                                                                $4,024 Non-Hour Cost Burdens
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\1\ Fees are subject to modification for inflation annually.
\2\ Only permits, not authorizations, are subject to cost recovery.
\3\ No requests received for many years. Minimal burden for regulatory (PRA) purposes only.
\4\ These permits/authorizations are prepared by BOEM and sent to respondents; therefore, the forms themselves
  do not incur burden hours.

    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.).

Karen Thundiyil,
Chief, Office of Regulations, Bureau of Ocean Energy Management.
[FR Doc. 2024-13710 Filed 6-21-24; 8:45 am]
BILLING CODE 4340-98-P