[Federal Register: September 10, 2003 (Volume 68, Number 175)]
[Notices]
[Page 53390-53392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se03-82]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of extension of an information collection (1010-0006).
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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are inviting comments on a collection of information that we will
submit to the Office of Management and Budget (OMB) for review and
approval. The information collection request (ICR) concerns the
paperwork requirements in the regulations under 30 CFR part 256,
``Leasing of Sulphur or Oil and Gas in the Outer Continental Shelf.''
DATES: Submit written comments by November 10, 2003.
ADDRESSES: Mail or hand carry comments to the Department of the
Interior; Minerals Management Service; Attention: Rules Processing
Team; Mail Stop 4024; 381 Elden Street; Herndon, Virginia 20170-4817.
If you wish to e-mail comments, the address is: rules.comments@mms.gov.
Reference ``Information Collection 1010-0006'' in your e-mail subject
line and mark your message for return receipt. Include your name and
return address in your message.
FOR FURTHER INFORMATION CONTACT: Arlene Bajusz, Rules Processing Team,
(703) 787-1600. You may also contact Arlene Bajusz to obtain a copy, at
no cost, of the regulations that require the subject collection of
information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 256, Leasing of Sulphur or Oil and Gas in the
Outer Continental Shelf.
OMB Control Number: 1010-0006.
Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended
(43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes the
Secretary of the Interior (Secretary) to prescribe rules and
regulations to administer leasing of the OCS. Such rules and
regulations will apply to all operations conducted under a lease.
Operations on the OCS must preserve, protect, and develop oil and
natural gas resources in a manner that is consistent with the need to
make such resources available to meet the Nation's energy needs as
rapidly as possible; to balance orderly energy resource development
with protection of human, marine, and coastal environments; to ensure
the public a fair and equitable return on the resources of the OCS; and
to preserve and maintain free enterprise competition. The Energy Policy
and Conservation Act of 1975 (EPCA) prohibits certain lease bidding
arrangements (42 U.S.C. 6213 (c)).
The Independent Offices Appropriations Act of 1952 (IOAA), 31
U.S.C. 9701, authorizes Federal agencies to recover the full cost of
services that provide special benefits. Under the Department of the
Interior's (DOI) policy implementing the IOAA, MMS is required to
charge the full cost for services that provide special benefits or
privileges to an identifiable non-Federal recipient above and beyond
those that accrue to the public at large. Instruments of transfer of a
lease or interest are subject to cost recovery, and MMS regulations
specify filing fees for these transfer applications.
The MMS uses the information required by 30 CFR part 256 to
determine if applicants are qualified to hold leases in the OCS.
Specifically, MMS uses the information to:
[sbull] Verify the qualifications of a bidder on an OCS lease sale.
Once the required information is filed with MMS, a qualification number
is assigned to the bidder so that duplicate information is not required
on subsequent filings.
[sbull] Develop the semiannual List of Restricted Joint Bidders.
This identifies parties ineligible to bid jointly with each other on
OCS lease sales, under limitations established by the EPCA.
[sbull] Ensure the qualification of assignees. Once a lease is
awarded, the transfer of a lessee's interest to another qualified party
must be approved by an MMS regional director.
[sbull] Obtain information and nominations on oil and gas leasing,
exploration, and development and production. Early planning and
consultation ensure that all interests and concerns are communicated to
us for future decisions in the leasing process.
[sbull] Document that a leasehold or geographical subdivision has
been surrendered by the record title holder.
[sbull] Verify that lessees have adequate bonding coverage.
Respondents must submit their bonds certification forms: ``Form MMS-
2028, Outer Continental Shelf Mineral Lessee's and Operator's Bond,''
and Form MMS-2028A, ``Outer Continental Shelf Mineral Lessee's and
Operator's Supplemental Plugging & Abandonment Bond.'' The MMS uses
these documents to hold the surety libel for the obligations and
liability of the principal/lessee or operator.
We will protect information from respondents considered proprietary
under the Freedom of Information Act (5 U.S.C. 552) and its
implementing regulations (43 CFR part 2) and under regulations at 30
CFR parts 250, 251, and 252. No items of a sensitive nature are
collected. Responses are mandatory or required to obtain or retain a
benefit.
Frequency: The frequency of reporting is annual and on occasion.
Estimated Number and Description of Respondents: Approximately 130
Federal OCS oil and gas or sulphur lessees, as well as the affected
States and local governments.
Estimated Reporting and Recordkeeping ``Hour'' Burden: The
currently approved annual reporting burden for this collection is
16,329 hours. The following chart details the individual components and
respective hour burden estimates of this ICR. In calculating the
burdens, we assumed that respondents perform certain requirements in
the normal course of their activities. We consider these to be usual
and customary and took that into account in estimating the burden.
[[Page 53391]]
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Hour
Citation 30 CFR part 256 Reporting requirement burden
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Subparts A, C, E, H, L, M None.......................... 0
Subparts G, H, I, J: Request approval for various 0
256.37, 256.53, 256.68, operations or submit plans or
256.70, 256.71, 256.72, applications. [Burden included
256.73 with other approved
collections in 30 CFR 250.].
Subpart B: Submit response to request/call 4
256.16, 256.17, 250.20 for information, comments, and
interest in areas for mineral
leasing, including information
from States/local governments.
Subpart D:
All sections
Subpart F: 256.31 States or local governments 4
submit comments/
recommendations on size,
timing or location of proposed
lease sale.
Subpart G: Establish a Company File for 2
256.35, 256.46(d), (e) pre-qualification purposes;
submit updated information.
256.41, 256.43, 256.46(g).... Submit qualification of bidders 4\1/2\
for joint bids and statement
or report of production.
256.44, 256.46............... Submit bids and required 5
information.
256.47(c).................... File agreement to accept joint 3\1/2\
lease on tie bids.
256.47(e)(1), (e)(3)......... Request for reconsideration of 0
bid rejection. [Exempt as
defined in 5 CFR 1320(h)(9).].
256.47(f), (i), 256.50....... Execute lease (includes 1
submission of evidence of
authorized agent and request
for dating of leases).
Subpart I: 256.54 OCS Mineral Lessee's and \1/4\
Operator's Bond (form MMS-
2028).
256.54....................... OCS Mineral Lessee's and \1/4\
Operator's Supplemental
Plugging & Abandonment Bond
(form MMS-2028A).
256.52(f)(2), (g)(2)......... Submit authority for Regional 2
Director to sell Treasury or
alternate type of securities.
256.53(c), (d), (f);......... Demonstrate financial worth/ 2\1/2\
256.54(d)(3)................. ability to carry out present
and future financial
obligations, request approval
of another form of security,
or request reduction in amount
of supplemental bond required.
256.55....................... Notify MMS of any lapse in \1/2\
previous bond/action filed
alleging lessee, surety, or
guarantor is insolvent or
bankrupt.
256.56....................... Provide plan/instructions to 11
fund lease-specific
abandonment account and
related information; request
approval to withdraw funds.
256.57....................... Provide third-party guarantee, 16\1/2\
indemnity agreement, related
notices, and annual update;
notify MMS if guarantor
becomes unqualified.
256.57(d)(3), 256.58......... Notice of and request approval \1/2\
to terminate period of
liability, cancel bond, or
other security.
256.59(c)(2)................. Provide information to 14
demonstrate lease will be
brought into compliance.
Subpart J: File application for assignment 1
256.62, 256.64, 256.65, 56.67 or transfer for approval.
256.64(a)(7)................. File required instruments \1/2\
creating or transferring
working interests, etc., for
record purposes.
256.64(a)(8)................. Submit non-required documents, 0
for record purposes, which
respondents want MMS to file
with the lease document.
[Accepted on behalf of lessees
as a service, but MMS does not
require nor need the filings.].
Subpart K: 256.76 File written request for 1
relinquishment.
All Subparts............. General departure and 1
alternative compliance
requests not specifically
covered elsewhere in Part 256.
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Estimated Annual Reporting and Recordkeeping ``Non-Hour Cost''
Burden: The currently approved ``non-hour cost'' burden for this
information collection is a total of $414,000. This cost burden is for
filing fees associated with submitting requests for approval of
instruments of transfer ($185 per application) or to file non-required
documents for record purposes ($25 per filing).
Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.)
provides that an agency may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number.
Until OMB approves a collection of information, you are not obligated
to respond.
Comments: Before submitting an ICR to OMB, PRA section
3506(c)(2)(A) requires each agency ``* * * to provide notice * * * and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information * * *'' Agencies
must specifically solicit comments to: (a) Evaluate whether the
proposed collection of information is necessary for the agency to
perform its duties, including whether the information is useful; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information; (c) enhance the quality,
usefulness, and clarity of the information to be collected; and (d)
minimize the burden on the respondents, including the use of automated
collection techniques or other forms of information technology.
Agencies must also estimate the ``non-hour cost'' burdens to
respondents or recordkeepers resulting from the collection of
information. Therefore, if you have costs to generate, maintain, and
disclose this information, you should comment and provide your total
capital and startup cost components or annual operation, maintenance,
and purchase of service components. You should describe the methods you
use to estimate major cost factors, including system and technology
acquisition, expected useful life of capital equipment, discount
rate(s), and the period over which you incur costs. Capital and startup
costs include, among other items, computers and software you purchase
to prepare for collecting information, monitoring, and record storage
facilities. You should not include estimates for equipment or services
purchased: (i) Before October 1, 1995; (ii) to comply with requirements
not associated with the information collection; (iii) for reasons other
than to provide information or keep records for the Government; or (iv)
as part of customary and usual business or private practices.
We will summarize written responses to this notice and address them
in our submission for OMB approval. As a result of your comments, we
will make any necessary adjustments to the burden in our submission to
OMB.
[[Page 53392]]
Public Comment Policy: Our practice is to make comments, including
names and home addresses of respondents, available for public review
during regular business hours. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. MMS will honor this request to the extent allowable by
law; however, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
MMS Federal Register Liaison Officer: Denise Johnson, (202) 208-
3976.
Dated: August 9, 2003.
E.P. Danenberger,
Chief, Engineering and Operations Division.
[FR Doc. 03-22974 Filed 9-9-03; 8:45 am]