48588 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

Bureau Form Number: None. 

Frequency of Collection: Once, 

monthly, quarterly, and annually. 

Description of Respondents: State 

Regulatory Authorities. 

Total Annual Responses: 80,284. 

Total Annual Burden Hours: 526,985. 

Dated: September 14, 2009. 

John R. Craynon, 

Chief, Division of Regulatory Support. 

[FR Doc. E9–22800 Filed 9–22–09; 8:45 am] 

BILLING CODE 4310–05–M 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

[Docket No. MMS–2009–OMM–0012] 

MMS Information Collection Activity: 

1010–0176, Renewable Energy and 

Alternate Uses of Existing Facilities on 

the Outer Continental Shelf Forms, 

Extension of a Collection; Comment 

Request 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Notice of extension of an 

information collection (1010–0176). 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), MMS is inviting comments on a 

collection of information that we will 

resubmit to the Office of Management 

and Budget (OMB) for review and 

approval. The resubmission of this 

information collection request (ICR) is 

necessary to include forms we have 

developed to clarify and facilitate 

submission of certain paperwork 

requirements in the regulations under 

30 CFR 285, Renewable Energy and 

Alternate Uses of Existing Facilities on 

the Outer Continental Shelf. The new 

forms are Forms MMS–0002, MMS– 

0003, MMS–0004, MMS–0005, and 

MMS–0006. These forms will entail no 

additional information collection 

burden to that already approved by 

OMB for the 30 CFR 285 regulations. 

DATES: Submit written comments by 

November 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl Blundon, Regulations and 

Standards Branch at (703) 787–1607. 

You may also contact Cheryl Blundon or 

Timothy Redding (703) 787–1219, to 

obtain a copy, at no cost, of the 

regulation and the forms that require the 

subject collection of information. Also, 

you can view or print the forms via 

regulations.gov. See the instructions 

listed in the ADDRESSES section. 

ADDRESSES: Follow the instructions 

under ‘‘Electronically’’ to view or print 

out the forms that are attached in the 

supporting and related materials section 

of the docket. You may submit 

comments by either of the following 

methods listed below: 

• Electronically: go to http:// 

www.regulations.gov. In the entry titled 

‘‘Select Document Type’’, click Notice 

in the drop down menu. In the entry 

titled, ‘‘Enter Keyword or ID,’’ enter 

docket ID MMS–2009–OMM–0012, then 

click Search. Look for the subject 

Information Collection notice and under 

the Actions column on the right, click 

the ‘‘submit a comment’’ button. Include 

your name and return address in your 

comment. The MMS will post all 

comments. 

• Mail or hand-carry comments to the 

Department of the Interior; Minerals 

Management Service; Attention: Cheryl 

Blundon; 381 Elden Street, MS–4024; 

Herndon, Virginia 20170–4817. Please 

reference Information Collection 1010– 

0176 in your subject line and mark your 

message for return receipt. Include your 

name and return address in your 

comment text. 

SUPPLEMENTARY INFORMATION: 

Title: 30 CFR 285, Renewable Energy 

and Alternate Uses of Existing Facilities 

on the Outer Continental Shelf. 

Form(s): MMS–0002, MMS–0003, 

MMS–0004, MMS–0005, and MMS– 

0006. 

OMB Control Number: 1010–0176. 

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 

to issue leases, easements, or rights-ofway on the OCS for activities that 

produce or support production, 

transportation, or transmission of energy 

from sources other than oil and gas 

(renewable energy). Specifically, 

subsection 8(p) of the OCS Lands Act, 

as amended by section 388 of the Energy 

Policy Act of 2005 (Pub. L. 109–58), 

directs the Secretary of the Interior to 

issue any necessary regulations to carry 

out the OCS renewable energy program. 

The Secretary delegated the authority to 

issue such regulations and implement 

an OCS renewable energy program to 

the Minerals Management Service 

(MMS). 

Under 30 CFR part 285, respondents 

will operate commercial and 

noncommercial technology projects that 

include installation, construction, 

operation and maintenance, and 

decommissioning of offshore facilities, 

as well as possible onshore support 

facilities. The MMS must ensure that 

these activities and operations on the 

OCS are carried out in a safe and 

pollution-free manner, do not interfere 

with the rights of other users on the 

OCS, and balance the protection and 

development of OCS resources. To do 

this, MMS needs information 

concerning the proposed activities, 

facilities, safety equipment, inspections 

and tests, and natural and manmade 

hazards near the site, as well as 

assurance of fiscal responsibility. 

Specifically, MMS will use the 

information collected under part 285 to: 

• Determine if applicants and 

assignees are qualified to hold leases on 

the OCS. Information is used to track 

ownership of leases and right-of-way 

(ROW) or right of use and easement 

(RUE), as well as to approve requests to 

designate an operator to act on the 

lessee’s behalf. Information is necessary 

to approve assignment, relinquishment, 

or cancellation requests. Information is 

used to document that a lease, ROW, or 

RUE has been surrendered by the record 

title holder and to ensure that all legal 

obligations are met and facilities are 

properly decommissioned. 

• Determine if an application for a 

ROW or RUE serves the purpose 

specified in the grant. 

• Review and approve SAPs, COPs, 

and GAPs prior to allowing activities to 

commence on a lease to ensure that the 

activities will protect human, marine, 

and coastal environments of the OCS; to 

review plans for taking safety 

equipment out of service to ensure 

alternate measures are used that will 

properly provide for the safety of the 

facilities. The MMS inspectors monitor 

the records concerning facility 

inspections and tests to ensure safety of 

operations and protection of the 

environment and to schedule their 

workload to permit witnessing and 

inspecting operations. Provide lessees 

greater flexibility to comply with 

regulatory requirements through 

approval of alternative equipment or 

procedures and departures to 

regulations if they demonstrate equal or 

better compliance with the appropriate 

performance standards. 

• Ensure that, if granted, proposed 

routes of a ROW or RUE do not conflict 

with any State requirements or unduly 

interfere with other OCS activities. 

• Determine if all facilities, project 

easements, cables, pipelines, and 

obstructions, when they are no longer 

needed, are properly removed or 

decommissioned, and that the seafloor 

is cleared of all obstructions created by 

operations on the lease, project 

easement, RUE or ROW. 

• Improve safety and environmental 

protection on the OCS through 

collection and analysis of accident 

reports to ascertain the cause of the 

accidents and to determine ways to 

prevent recurrences. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48589 

Subsequent to the approval of the 

information collection requirements in 

the final 30 CFR 285 regulations, MMS 

developed five new forms that 

respondents will be required to submit 

certain information collection 

requirements in subpart D, Lease and 

Grant Administration, and subpart E, 

Payments and Financial Assurance 

Requirements. These forms entail no 

additional burden as they only clarify 

and facilitate the submission of the 

currently approved information 

collection requirements to which the 

forms pertain. This resubmitted 

information collection request (ICR) is 

revised only to reflect the inclusion of 

the new Forms MMS–0002, MMS–0003, 

MMS–0004, MMS–0005, and MMS– 

0006. 

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 285.113, How will 

data and information obtained by MMS 

under this part be disclosed to the 

public? No items of a sensitive nature 

are collected. Responses are mandatory 

or are required to obtain or retain a 

benefit. 

Frequency: Varies depending upon 

the requirement, but usually on 

occasion or annual. 

Description of Respondents: Primary 

respondents comprise Federal OCS 

companies that submit unsolicited 

proposals or responses to Federal 

Register notices; or are lessees, 

designated operators, and ROW or RUE 

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 

(CVAs); and surety or third-party 

guarantors. 

Estimated Reporting and 

Recordkeeping Hour Burden: The 

currently approved annual reporting 

burden for this collection is 31,124 

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. 

Section(s) in 30 CFR 285 Reporting and recordkeeping requirement 

Hour burden 

Non-hour cost burdens 

Subpart A—General Provisions 

102; 105; 110 .................................. These sections contain general references to submitting comments, requests, applications, plans, notices, 

reports, and/or supplemental information for MMS approval—burdens covered under specific requirements. 

102(e) .............................................. State and local governments enter into task force or joint planning or 

coordination agreement with MMS.

1. 

103; 904 .......................................... Request general departures not specifically covered elsewhere in 

part 285.

2. 

105(c) .............................................. Make oral requests or notifications and submit written follow up within 

3 business days not specifically covered elsewhere in part 285.

1. 

106; 107; 212(f); 230(f); 302(a); 

408(b)(7); 409(c); 1005(c); 

1007(c); 1013(b)(7).

Submit evidence of qualifications to hold a lease or grant, required information and supporting information.2. 

106(b)(1) .......................................... Request exception from exclusion or disqualification from participating in transactions covered by Federal non-procurement debarment and suspension system.1. 

106(b)(2), (3); 225; 527(c); 

705(b)(2); 1016.

Request reconsideration and/or hearing ............................................... Requirement not considered IC 

under 5 CFR 1320.3(h)(9). 

108; 530(b) ...................................... Notify MMS within 3-business days after learning of any action filed 

alleging respondent is insolvent or bankrupt.

1. 

109 .................................................. Notify MMS in writing of merger, name change, or change of business form no later than 120 days after earliest of either the effective date or filing date.Requirement not considered IC 

under 5 CFR 1320.3(h)(1). 

111 .................................................. Within 30 days of receiving bill, submit processing fee payments for 

MMS document or study preparation to process applications and 

requests.

.5. 

$4,000 per study. 

111(b)(2), (3) ................................... Submit comments on proposed processing fee or request approval to 

perform or directly pay contractor for all or part of any document, 

study, or other activity, to reduce MMS processing costs.

2. 

111(b)(3) .......................................... Perform, conduct, develop, etc., all or part of any document, study, or 

other activity; and provide results to MMS to reduce MMS processing fee.

19,000. 

111(b)(3) .......................................... Pay contractor for all or part of any document, study, or other activity, 

and provide results to MMS to reduce MMS processing costs.

$950,000 per payment. 

111(b)(7); 118(a); 436(c) ................. Appeal MMS estimated processing costs, decisions, or orders pursuant to 30 CFR 290.Exempt under 5 CFR 1320.4(a)(2), 

(c). 

113(b) .............................................. Respondents submit agreement to allow MMS to disclose the data 

and information exempt from disclosure under the Freedom of Information Act.

4. 

115(c) .............................................. Request approval to use later edition of a document incorporated by 

reference or alternative compliance.

1. 

116 .................................................. The Director may occasionally request information to administer and 

carry out the offshore alternative energy program via Federal Register Notices.

4. 

118(c); 225(b) .................................. Within 15 days of bid rejection, request reconsideration of bid decision or rejection.Requirement not considered IC 

under 5 CFR 1320.3(h)(9). 

mstockstill on DSKH9S0YB1PROD with NOTICES

48590 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

Section(s) in 30 CFR 285 Reporting and recordkeeping requirement 

Hour burden 

Non-hour cost burdens 

Subpart B—Issuance of OCS Alternative Energy Leases 

200; 224; 231; 235; 236; 238 ......... These sections contain references to information submissions, approvals, requests, applications, plans, 

payments, etc., the burdens for which are covered elsewhere in part 285. 

210; 211(a), (b), (c); 213 thru 216 .. Submit comments in response to Federal Register notices on Request for Interest in OCS Leasing, Call for Information and Nominations (Call), Area Identification, and the Proposed Sale Notice.4. 

211(d); 216; 220 thru 223; 

231(c)(2).

Submit bid, payments, and required information in response to Federal Register Final Sale Notice.5. 

224 .................................................. Within 10 business days, execute 3 copies of lease form and return 

to MMS with required payments, including evidence that agent is 

authorized to act for bidder; if applicable, submit information to 

support delay in execution.

1. 

230; 231(a) ...................................... Submit unsolicited request and acquisition fee for a commercial or 

limited lease.

5. 

231(b) .............................................. Submit comments in response to Federal Register notice re interest 

of unsolicited request for a lease.

4. 

231(g), (h) ....................................... Submit decision to accept or reject terms and conditions of noncompetitive lease.2. 

235(b); 236(b) ................................. Request additional time to extend preliminary or site assessment 

term of commercial or limited lease, including revised schedule for 

SAP, COP, or GAP submission.

1. 

237(b) .............................................. Request lease be dated and effective 1st day of month in which 

signed.

1. 

Subpart C—ROW Grants and RUE Grants for Alternative Energy Activities 

306; 309; 315; 316 .......................... These sections contain references to information submissions, approvals, requests, applications, plans, 

payments, etc., the burdens for which are covered elsewhere in part 285. 

302(a); 305; 306 .............................. Submit 1 paper copy and 1 electronic version of a request for a new 

or modified ROW or RUE and required information, including qualifications to hold a grant.

5. 

307; 308(a)(1) ................................. Submit comments on competitive interest in response to Federal 

Register notice of proposed ROW or RUE grant area or comments 

on notice of grant auction.

4. 

308(a)(2), (b); 315; 316 ................... Submit bid and payments in response to Federal Register notice of 

auction for a ROW or RUE grant.

5. 

309 .................................................. Submit decision to accept or reject terms and conditions of noncompetitive ROW or RUE grant.2. 

Subpart D—Lease and Grant Administration 

400; 401; 402; 405; 409; 416, 433 These sections contain references to information submissions, approvals, requests, applications, plans, 

payments, etc., the burdens for which are covered elsewhere in part 285. 

401(b) .............................................. Take measures directed by MMS in cessation order and submit reports in order to resume activities.100. 

405(d) .............................................. Submit written notice of change of address .......................................... Requirement not considered IC 

under 5 CFR 1320.3(h)(1). 

405(e); Form MMS–0006 ................ If designated operator (DO) changes, notify MMS and identify new 

DO for MMS approval.

1. 

408 thru 411; Forms MMS–0002 

and MMS–0003.

Within 90 days after last party executes a transfer agreement, submit 

1 paper copy and 1 electronic version of a lease or grant assignment application, including originals of each instrument creating or 

transferring ownership of record title, eligibility and other qualifications; and evidence that agent is authorized to execute assignment.

1 (30 minutes per form × 2 forms 

= 1 hour). 

415(a)(1); 416; 420(a), (b); 428(b) .. Submit request for suspension and required information no later than 

90 days prior to lease or grant expiration.

10. 

417(b) .............................................. Conduct, and if required pay for, site-specific study to evaluate cause 

of harm or damage; and submit 1 paper copy and 1 electronic 

version of study and results.

100. 

$950,000 per study. 

425 thru 428; 652(a) ....................... Request lease or grant renewal no later than 180 days before termination date of your limited lease or grant, or no later than 2 years 

before termination date of operations term of commercial lease.

6. 

435; 658(c)(2); .................................

Form MMS–0004 ............................

Submit 1 paper copy and 1 electronic version of application to relinquish lease or grant.1. 

436; 437 .......................................... Provide information for reconsideration of MMS decision to contract 

or cancel lease or grant area.

Requirement not considered IC 

under 5 CFR 1320.3(h)(9). 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48591 

Section(s) in 30 CFR 285 Reporting and recordkeeping requirement 

Hour burden 

Non-hour cost burdens 

Subpart E—Payments and Financial Assurance Requirements 

An * indicates the primary cites for providing bonds or other financial assurance, and the burdens include any previous or subsequent references throughout part 285 to furnish, replace, or provide additional bonds, securities, or financial assurance. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 

285. 

500 thru 509; 1011 .......................... Submit payor information, payments and payment information, and 

maintain auditable records according to subchapter A regulations 

or guidance.

Burdens covered by information 

collections approved for 30 CFR 

Subchapter A. 

506(c)(4) .......................................... Submit documentation of the gross annual generation of electricity 

produced by the generating facility on the lease—use same form 

as authorized by the EIA. (Burden covered under DOE/EIA OMB 

Control Number 1905–0129 to gather info and fill out form. MMS’s 

burden is for submitting a copy.) 

10 min. 

510 .................................................. Submit application and required information for waiver or reduction of 

rental or other payment.

1. 

* 515; 516(a)(1), (b); 525(a) thru (f) Execute and provide $100,000 minimum lease-specific bond or other 

approved security; or increase bond level if required.

1. 

* 516(a)(2), (3), (b), (c); 517; 525(a) 

thru (f).

Execute and provide commercial lease supplemental bonds in 

amounts determined by MMS.

1. 

516(a)(4); 521(c) ............................. Execute and provide decommissioning bond or other financial assurance; schedule for providing the appropriate amount.1. 

517(c)(1) .......................................... Submit comments on proposed adjustment to bond amounts ............. 1. 

517(c)(2) .......................................... Request bond reduction and submit evidence to justify ....................... 5. 

* 520; 521; 525(a) thru (f); ..............

Form MMS–0005 ............................

Execute and provide $300,000 minimum limited lease or grant-specific bond or increase financial assurance if required.1. 

525(g) .............................................. Surety notice to lessee or ROW/RUE grant holder and MMS within 5- 

business days after initiating insolvency or bankruptcy proceeding, 

or Treasury decertifies surety.

1. 

* 526 ................................................ In lieu of surety bond, pledge other types of securities, including authority for MMS to sell and use proceeds.2. 

526(c) .............................................. Provide annual certified statements describing the nature and market 

value, including brokerage firm statements/reports.

1. 

* 527 ................................................ Demonstrate financial worth/ability to carry out present and future financial obligations, annual updates, and related or subsequent actions/records/reports, etc.10. 

528 .................................................. Provide third-party indemnity; financial information/statements; additional bond info; executed guarantor agreement and supporting information/documentation.10. 

528(c)(6); 532(b) ............................. Guarantor/Surety requests MMS terminate period of liability and notifies lessee or ROW/RUE grant holder, etc.1. 

* 529 ................................................ In lieu of surety bond, request authorization to establish decommissioning account, including written authorizations and approvals associated with account.2. 

530 .................................................. Notify MMS promptly of lapse in bond or other security/action filed alleging lessee, surety or guarantor et al. is insolvent or bankrupt.1. 

533(a)(2)(ii), (iii) ............................... Provide agreement from surety issuing new bond to assume all or 

portion of outstanding liabilities.

3. 

536(b) .............................................. Within 10 business days following MMS notice, lessee, grant holder, 

or surety agrees to and demonstrates to MMS that lease will be 

brought into compliance.

16. 

Subpart F—Plans and Information Requirements 

Two ** indicate the primary cites for Site Assessment Plans (SAPs), Construction and Operations Plans (COPs), and General Activities Plans 

(GAPs); and the burdens include any previous or subsequent references throughout part 285 to submission and approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere 

in part 285. 

** 600(a); 601(a), (b), (c); 605 thru 

613.

Within 6 months after issuance of a competitive lease or grant, or 

within 60 days after determination of no competitive interest, submit 1 paper copy and 1 electronic version of a SAP, including information to assist MMS to comply with NEPA such as hazard info, 

air quality, and all required information, certifications, etc.

240. 

** 600(b); 601(c), (d)(1); 606(b); 

618; 620 thru 629; 633.

If requesting an operations term for commercial lease, at least 6 

months before the end of site assessment term, submit 1 paper 

copy and 1 electronic version of a COP, or FERC license application, including information to assist MMS to comply with NEPA 

such as hazard info, air quality, and all required information, surveys and/or their results, reports, certifications, project easements, 

supporting data and information, etc.

1,000. 

mstockstill on DSKH9S0YB1PROD with NOTICES

48592 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

Section(s) in 30 CFR 285 Reporting and recordkeeping requirement 

Hour burden 

Non-hour cost burdens 

** 600(c); 601(a), (b); 640 thru 648 Within 6 months after issuance of a competitive lease or grant, or 

within 60 days after determination of no competitive interest, submit 1 paper copy and 1 electronic version of a GAP, including information to assist MMS to comply with NEPA such as hazard info, 

air quality, and all required information, surveys and reports, certifications, project easements, etc.

240. 

** 601(d)(2); 622; 628(f); 632(b); 

634.

Submit revised or modified COPs, including project easements, and 

all required additional information.

50. 

602 1 ................................................ Until MMS releases financial assurance, respondents must maintain, 

and provide to MMS if requested, all data and information related 

to compliance with required terms and conditions of SAP, COP, or 

GAP.

2. 

** 613(d), (e); 616 ............................ Submit revised or modified SAPs and required additional information 50. 

612(b); 647(b) ................................. Noncompetitive leases must submit copy of SAP or GAP consistency 

certification and supporting documentation.

1. 

614(a) .............................................. Notify MMS in writing within 30 days of completion of construction 

and installation activities under SAP.

1. 

614(b) .............................................. Submit annual report summarizing findings from site assessment activities.30. 

614(c) .............................................. Submit annual, or at other time periods as MMS determines, SAP 

compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.

40. 

617(a) .............................................. Notify MMS in writing before conducting any activities not approved, 

or provided for, in SAP; provide additional information if requested.

10. 

627(c) .............................................. Include oil spill response plan as required by part 254. ....................... Burden covered 30 CFR part 254, 

1010–0091. 

631 .................................................. Request deviation from approved COP schedule ................................. 2. 

633(b) .............................................. Submit annual, or at other time periods as MMS determines, COP 

compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.

80. 

634(a) .............................................. Notify MMS in writing before conducting any activities not approved 

or provided for in COP, and provide additional information if requested.

10. 

635 .................................................. Notify MMS any time commercial operations cease without an approved suspension.1. 

636(a) .............................................. Notify MMS in writing no later than 30 days after commencing activities associated with placement of facilities on lease area.1. 

636(b) .............................................. Notify MMS in writing no later than 30 days after completion of construction and installation activities.1. 

636(c) .............................................. Notify MMS in writing at least 7 days before commencing commercial 

operations.

1. 

** 642(b); 648(e); 655; 658(c)(3) ..... Submit revised or modified GAPs and required additional information 50. 

651 .................................................. Before beginning construction of OCS facility described in GAP, complete survey activities identified in GAP and submit initial findings. 

This only includes the time involved in submitting the findings; it 

does not include the survey time as these surveys would be conducted as good business practice.

30. 

653(a) .............................................. Notify MMS in writing within 30 days of completing installation activities under the GAP.1. 

653(b) .............................................. Submit annual report summarizing findings from activities conducted 

under approved GAP.

30. 

653(c) .............................................. Submit annual, or at other time periods as MMS determines, GAP 

compliance certification, recommendations, reports, etc.

40. 

655(a) .............................................. Notify MMS in writing before conducting any activities not approved 

or provided for in GAP, and provide additional information if requested.

10. 

656 .................................................. Notify MMS if at any time approved GAP activities cease without an 

approved suspension.

1. 

658(c)(1) .......................................... If after construction, cable or pipeline deviate from approved COP or 

GAP, notify affected lease operators and ROW/RUE grant holders 

of deviation and provide MMS evidence of such notices.

3. 

659 .................................................. Determine appropriate air quality modeling protocol, conduct air quality modeling, and submit 3 copies of air quality modeling report and 

3 sets of digital files as supporting information to plans.

70. 

Subpart G—Facility Design, Fabrication, and Installation 

Three *** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references 

throughout part 285 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48593 

Section(s) in 30 CFR 285 Reporting and recordkeeping requirement 

Hour burden 

Non-hour cost burdens 

*** 700(a)(1), (b), (c); 701 ................ Submit Facility Design Report, including 1 paper copy and 1 electronic copy of the cover letter, certification statement, and all required information (1–3 paper or electronic copies as specified).200. 

*** 700(a)(2); (b), (c); 702 ................ Submit 1 paper copy and 1 electronic copy of a Fabrication and Installation Report, certification statement and all required information.160. 

705(a)(3); 707; 712 ......................... Certified Verification Agent (CVA) conducts independent assessment 

of the facility design and submits reports to lessee or grant holder 

and MMS—interim reports if required, and 1 electronic copy and 1 

paper copy of the final report.

100. 

100. 

705(a)(3); 708; 709; 710; 712 ......... CVA conducts independent assessments on the fabrication and installation activities, informs lessee or grant holder if procedures are 

changed or design specifications are modified; and submits reports 

to lessee or grant holder and MMS—interim reports if required, and 

1 electronic copy and 1 paper copy of the final report.

100. 

100. 

705(a)(3); *** 711; 712 .................... CVA/project engineer monitors major project modifications and repairs and submits reports to lessee or grant holder and MMS—interim reports if required, and 1 electronic copy and 1 paper copy of 

the final report.

20. 

15. 

705(b) .............................................. Request waiver of CVA requirement in writing; lessee must demonstrate standard design and best practices.40. 

706 .................................................. Submit for approval with SAP, COP, or GAP, initial nominations for a 

CVA or new replacement CVA nomination, and required information.

16. 

708(b)(2) .......................................... Lessee or grant holder notify MMS if modifications identified by CVA/ 

project engineer are accepted.

1. 

709(a)(14); 710(a)(2), (e) 1 .............. Make fabrication quality control, installation towing, and other records 

available to CVA/project engineer for review (retention required by 

§ 285.714).

1. 

713(a) .............................................. Notify MMS within 10 business days after commencing commercial 

operations.

1. 

714 1 ................................................ Until MMS releases financial assurance, compile, retain, and make 

available to MMS and/or CVA the as-built drawings, design assumptions/analyses, summary of fabrication and installation examination records, inspection results, and records of repairs not covered in inspection report. Record original and relevant material test 

results of all primary structural materials; retain records during all 

stages of construction.

100. 

Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, 

COPs, and GAPs 

801(c), (d) ........................................ Notify MMS if endangered or threatened species, or their designated 

critical habitat, may be in the vicinity of the lease or grant or may 

be affected by lease or grant activities.

1. 

801(e), (f) ........................................ Submit information to ensure proposed activities will be conducted in 

compliance with the Endangered Species Act (ESA) and Marine 

Mammal Protection Act (MMPA); including, agreements and mitigating measures designed to avoid or minimize adverse effects 

and incidental take of endangered species or critical habitat.

6. 

802; 902(e) ...................................... Notify MMS of archaeological resource within 72 hours of discovery .. 3. 

802(b) .............................................. If requested, conduct further archaeological investigations and submit 

report.

10. 

803(d) .............................................. If applicable, submit payment for MMS costs in carrying out National 

Historic Preservation Act responsibilities.

.5. 

804(b), (c) ........................................ If required, conduct additional surveys to define boundaries and 

avoidance distances and submit report.

15. 

810 .................................................. Submit safety management system description with the SAP, COP, 

or GAP.

35. 

813(b)(1) .......................................... Report within 24 hours when any required safety equipment taken 

out of service for more than 12 hours; provide written confirmation 

if oral report.

.5. 

813(b)(2) .......................................... Submit written confirmation when equipment removed from service 

for greater than 60 days.

1. 

813(b)(3) .......................................... Notify MMS when equipment returned to service; provide written confirmation if oral notice..5. 

815(c) .............................................. When required, analyze cable, P/L, or facility damage or failures to 

determine cause and as soon as available submit comprehensive 

written report.

1.5. 

816 .................................................. Submit plan of corrective action report on observed detrimental effects on cable, P/L, or facility within 30 days of discovery; take remedial action and submit report of remedial action within 30 days 

after completion.

2. 

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48594 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

Section(s) in 30 CFR 285 Reporting and recordkeeping requirement 

Hour burden 

Non-hour cost burdens 

822(a)(2)(iii), (b); 824(a) 1 ............... Until MMS releases financial assurance, maintain records of design, 

construction, operation, maintenance, repairs, investigation on or 

related to lease or ROW/RUE area, and make available to MMS 

for inspection.

1. 

823 .................................................. Request reimbursement within 90 days for food, quarters, and transportation provided to MMS reps during inspection.2. 

824(a) .............................................. Develop annual self inspection plan covering all facilities; retain with 

records, and make available to MMS upon request.

24. 

824(b) .............................................. Conduct annual self inspection and submit report by November 1 ...... 36. 

825 .................................................. Based on API RP 2A–WSD, perform assessment of structures, initiate mitigation actions for structures that do not pass assessment 

process, retain information, and make available to MMS upon request.

60. 

830(a), (b), (c); 831 thru 833 .......... Immediately report incidents to MMS via oral communications, submit 

written follow-up report within 15 business days after the incident, 

and submit any required additional information.

Oral—.5. 

Written—4. 

830(d) .............................................. Report oil spills as required by part 254. .............................................. Burden covered by 1010–0091, 30 

CFR part 254. 

Subpart I—Decommissioning 

Four   indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references 

throughout part 285 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285. 

** ** 902(b), (c), (d), (f); 905, 906; 

907; 908(c); 909.

Submit for approval 1 paper copy and 1 electronic copy of the SAP, 

COP, or GAP decommissioning application and site clearance plan 

at least 2 years before decommissioning activities begin, 90 days 

after completion of activities, or 90 days after cancellation, relinquishment, or other termination of lease or grant. Include documentation of coordination efforts w/States, local of tribal governments, requests that certain facilities remain in place for other activities, be converted to an artificial reef, or be toppled in place. 

Submit additional information requested or modify and resubmit application.

20. 

902(d); 908 ...................................... Notify MMS at least 60 days before commencing decommissioning 

activities.

1. 

910 .................................................. Within 60 days after removing a facility, verify to MMS that site is 

cleared.

1. 

912 .................................................. Within 60 days after removing a facility, cable, or pipeline, submit a 

written report.

8. 

We don’t anticipate decommissioning activities for at least 5 years so the requirements have been given a minimal burden. 

Subpart J—RUEs for Energy and Marine-Related Activities Using Existing OCS Facilities 

1004, 1005, 1006 ............................ Contact owner of existing facility and/or lessee of the area to reach 

preliminary agreement to use facility and obtain concurring signatures; submit request to MMS for an alternative use RUE, including 

all required information/modifications.

1. 

1007(a), (b), (c) ............................... Submit indication of competitive interest in response to Federal Register notice.4. 

1007(c) ............................................ Submit description of proposed activities and required information in 

response to Federal Register notice of competitive offering.

5. 

1007(f) ............................................. Lessee or owner of facility submits decision to accept or reject proposals deemed acceptable by MMS.1. 

1010(c) ............................................ Request renewal of Alternate Use RUE ................................................ 6. 

1012; 1016(b) .................................. Provide financial assurance as MMS determines in approving RUE 

for an existing facility, including additional security if required.

1. 

1013 ................................................ Submit request for assignment of an alternative use RUE for an existing facility, including all required information.1. 

1015 ................................................ Request relinquishment of RUE for an existing facility ......................... 1. 

30 CFR Parts 250 & 290 Proposed Revisions 

250.1730 ......................................... Request departure from requirement to remove a platform or other 

facility.

Burden covered by 1010–0142, 30 

CFR 250, subpart Q. 

250.1731(c) ..................................... Request deferral of facility removal subject to RUE issued under this 

subpart.

1. 

250.290.2 ........................................ Request reconsideration of an MMS decision concerning a lease bid Requirement not considered IC 

under 5 CFR 1320.3(h)(9). 

1 Retention of these records is usual and customary business practice; the burden is primarily to make them available to MMS and CVAs. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48595 

Estimated Reporting and 

Recordkeeping Non-Hour Cost Burden: 

There are three non-hour cost burdens 

to industry. They are as follows: 

• § 285.111—$4,000: This section 

requires respondents to pay a processing 

fee of $4,000 for MMS document or 

study preparation when necessary for 

MMS processing of applications and 

requests. 

• § 285.111(b)(3)—$950,000: This 

section allows respondents to pay a 

contractor instead of MMS for all or part 

of any document, study, or other 

activity, and provide the results to MMS 

to reduce MMS processing costs. We 

estimate the non-hour cost burden of 

this payment could range from $100,000 

to $2,000,000; therefore, we are 

estimating the cost at $950,000. 

• § 285.417(b)—$950,000: This 

section requires respondents to pay for 

a site-specific study to evaluate the 

cause of harm or damage to natural 

resources, and submit a report to MMS. 

We estimate the non-hour cost burden 

of this study could range from $100,000 

to $2,000,000, depending on the nature 

of the study; therefore, we are 

estimating the cost at $950,000. 

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 nonhour paperwork 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. 

Public Comment Procedures: Before 

including your address, phone number, 

e-mail 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. 

MMS Information Collection 

Clearance Officer: Arlene Bajusz, (202) 

208–7744. 

Dated: September 16, 2009. 

William S. Hauser, 

Acting Chief, Office of Offshore Regulatory 

Programs. 

[FR Doc. E9–22834 Filed 9–22–09; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2009–N174; 92220–1113– 

0000–C6] 

Endangered and Threatened Wildlife 

and Plants; Draft Post-Delisting 

Monitoring Plan for the Concho Water 

Snake 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability of draft 

post-delisting monitoring plan. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of our Post-Delisting 

Monitoring Plan for the Concho water 

snake (Nerodia paucimaculata). The 

draft post-delisting monitoring (PDM) 

plan describes the methods we propose 

to monitor the status of the snake and 

its habitat, in cooperation with the State 

of Texas and other conservation 

partners, for a 15-year period if we 

remove this species from the Federal list 

of endangered and threatened wildlife 

under another pending action. The draft 

PDM plan also provides a strategy for 

identifying and responding to any future 

population declines or habitat 

alterations. 

DATES: To ensure consideration, please 

send your written comments on the 

draft PDM plan for Concho water snake 

by October 23, 2009. 

ADDRESSES: The draft PDM plan is 

available for review on the Internet at 

http://endangered.fws.gov and http:// 

www.fws.gov/southwest/es/ 

AustinTexas/. To request a copy of the 

draft PDM plan, write to U.S. Fish and 

Wildlife Service, Austin Ecological 

Services Field Office, 10711 Burnet 

Road, Suite 200, Austin, TX 78758; 

telephone 512–490–0057; facsimile 

512–490–0974. Supporting 

documentation we used in preparing the 

draft PDM plan is available for public 

inspection, by appointment, during 

normal business hours, at the above 

office. You may submit comments by 

mail to the above office address. 

FOR FURTHER INFORMATION CONTACT: 

Adam Zerrenner, Field Supervisor, U.S. 

Fish and Wildlife Service, Austin 

Ecological Services Field Office (see 

ADDRESSES). If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800/877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The Concho water snake is a reptile 

endemic to central Texas. We listed this 

species as threatened under the 

Endangered Species Act of 1973, as 

amended (Act; 16 U.S.C. 1531 et seq.), 

effective September 3, 1986, because of 

threats from habitat modification and 

destruction (51 FR 31412). On July 8, 

2008, we published a proposed rule to 

remove the Concho water snake from 

the list of threatened species (73 FR 

38956). We based the proposal on our 

finding that the best available scientific 

and commercial data, including new 

information, indicate that the Concho 

water snake has recovered because 

threats have been eliminated or reduced 

to the point that the species no longer 

meets the definition of threatened or 

endangered under the Act. We are in the 

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