[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Pages 48588-48595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22834]


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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:
    <bullet> 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.
    <bullet> 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-of-way 
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:
    <bullet> 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.
    <bullet> Determine if an application for a ROW or RUE serves the 
purpose specified in the grant.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.

[[Page 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.

------------------------------------------------------------------------
                                                           Hour burden
                                     Reporting and     -----------------
   Section(s) in 30 CFR 285          recordkeeping        Non-hour cost
                                      requirement            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         1.
                                 governments enter
                                 into task force or
                                 joint planning or
                                 coordination
                                 agreement with MMS.
103; 904......................  Request general         2.
                                 departures not
                                 specifically covered
                                 elsewhere in part 285.
105(c)........................  Make oral requests or   1.
                                 notifications and
                                 submit written follow
                                 up within 3 business
                                 days not specifically
                                 covered elsewhere in
                                 part 285.
106; 107; 212(f); 230(f);       Submit evidence of      2.
 302(a); 408(b)(7); 409(c);      qualifications to
 1005(c); 1007(c); 1013(b)(7).   hold a lease or
                                 grant, required
                                 information and
                                 supporting
                                 information.
106(b)(1).....................  Request exception from  1.
                                 exclusion or
                                 disqualification from
                                 participating in
                                 transactions covered
                                 by Federal non-
                                 procurement debarment
                                 and suspension system.
106(b)(2), (3); 225; 527(c);    Request                 Requirement not
 705(b)(2); 1016.                reconsideration and/    considered IC
                                 or hearing.             under 5 CFR
                                                         1320.3(h)(9).
108; 530(b)...................  Notify MMS within 3-    1.
                                 business days after
                                 learning of any
                                 action filed alleging
                                 respondent is
                                 insolvent or bankrupt.
109...........................  Notify MMS in writing   Requirement not
                                 of merger, name         considered IC
                                 change, or change of    under 5 CFR
                                 business form no        1320.3(h)(1).
                                 later than 120 days
                                 after earliest of
                                 either the effective
                                 date or filing date.
111...........................  Within 30 days of       .5.
                                 receiving bill,        $4,000 per
                                 submit processing fee   study.
                                 payments for MMS
                                 document or study
                                 preparation to
                                 process applications
                                 and requests.
111(b)(2), (3)................  Submit comments on      2.
                                 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.
111(b)(3).....................  Perform, conduct,       19,000.
                                 develop, etc., all or
                                 part of any document,
                                 study, or other
                                 activity; and provide
                                 results to MMS to
                                 reduce MMS processing
                                 fee.
111(b)(3).....................  Pay contractor for all  $950,000 per
                                 or part of any          payment.
                                 document, study, or
                                 other activity, and
                                 provide results to
                                 MMS to reduce MMS
                                 processing costs.
111(b)(7); 118(a); 436(c).....  Appeal MMS estimated    Exempt under 5
                                 processing costs,       CFR
                                 decisions, or orders    1320.4(a)(2),
                                 pursuant to 30 CFR      (c).
                                 290.
113(b)........................  Respondents submit      4.
                                 agreement to allow
                                 MMS to disclose the
                                 data and information
                                 exempt from
                                 disclosure under the
                                 Freedom of
                                 Information Act.
115(c)........................  Request approval to     1.
                                 use later edition of
                                 a document
                                 incorporated by
                                 reference or
                                 alternative
                                 compliance.
116...........................  The Director may        4.
                                 occasionally request
                                 information to
                                 administer and carry
                                 out the offshore
                                 alternative energy
                                 program via Federal
                                 Register Notices.
118(c); 225(b)................  Within 15 days of bid   Requirement not
                                 rejection, request      considered IC
                                 reconsideration of      under 5 CFR
                                 bid decision or         1320.3(h)(9).
                                 rejection.
------------------------------------------------------------------------

[[Page 48590]]

 
          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      Submit comments in      4.
 thru 216.                       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.
211(d); 216; 220 thru 223;      Submit bid, payments,   5.
 231(c)(2).                      and required
                                 information in
                                 response to Federal
                                 Register Final Sale
                                 Notice.
224...........................  Within 10 business      1.
                                 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.
230; 231(a)...................  Submit unsolicited      5.
                                 request and
                                 acquisition fee for a
                                 commercial or limited
                                 lease.
231(b)........................  Submit comments in      4.
                                 response to Federal
                                 Register notice re
                                 interest of
                                 unsolicited request
                                 for a lease.
231(g), (h)...................  Submit decision to      2.
                                 accept or reject
                                 terms and conditions
                                 of noncompetitive
                                 lease.
235(b); 236(b)................  Request additional      1.
                                 time to extend
                                 preliminary or site
                                 assessment term of
                                 commercial or limited
                                 lease, including
                                 revised schedule for
                                 SAP, COP, or GAP
                                 submission.
237(b)........................  Request lease be dated  1.
                                 and effective 1st day
                                 of month in which
                                 signed.
------------------------------------------------------------------------
 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     5.
                                 and 1 electronic
                                 version of a request
                                 for a new or modified
                                 ROW or RUE and
                                 required information,
                                 including
                                 qualifications to
                                 hold a grant.
307; 308(a)(1)................  Submit comments on      4.
                                 competitive interest
                                 in response to
                                 Federal Register
                                 notice of proposed
                                 ROW or RUE grant area
                                 or comments on notice
                                 of grant auction.
308(a)(2), (b); 315; 316......  Submit bid and          5.
                                 payments in response
                                 to Federal Register
                                 notice of auction for
                                 a ROW or RUE grant.
309...........................  Submit decision to      2.
                                 accept or reject
                                 terms and conditions
                                 of noncompetitive ROW
                                 or RUE grant.
------------------------------------------------------------------------
                Subpart D--Lease and Grant Administration
------------------------------------------------------------------------
400; 401; 402; 405; 409; 416,   These sections contain references to
 433.                            information submissions, approvals,
                                 requests, applications, plans,
                                 payments, etc., the burdens for which
                                 are covered elsewhere in part 285.
------------------------------------------------------------------------
401(b)........................  Take measures directed  100.
                                 by MMS in cessation
                                 order and submit
                                 reports in order to
                                 resume activities.
405(d)........................  Submit written notice   Requirement not
                                 of change of address.   considered IC
                                                        under 5 CFR
                                                         1320.3(h)(1).
405(e); Form MMS-0006.........  If designated operator  1.
                                 (DO) changes, notify
                                 MMS and identify new
                                 DO for MMS approval.
408 thru 411; Forms MMS-0002    Within 90 days after    1 (30 minutes
 and MMS-0003.                   last party executes a   per form x 2
                                 transfer agreement,     forms = 1
                                 submit 1 paper copy     hour).
                                 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.
415(a)(1); 416; 420(a), (b);    Submit request for      10.
 428(b).                         suspension and
                                 required information
                                 no later than 90 days
                                 prior to lease or
                                 grant expiration.
417(b)........................  Conduct, and if         100.
                                 required pay for,      $950,000 per
                                 site-specific study     study.
                                 to evaluate cause of
                                 harm or damage; and
                                 submit 1 paper copy
                                 and 1 electronic
                                 version of study and
                                 results.
425 thru 428; 652(a)..........  Request lease or grant  6.
                                 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.
435; 658(c)(2);...............  Submit 1 paper copy     1.
Form MMS-0004.................   and 1 electronic
                                 version of
                                 application to
                                 relinquish lease or
                                 grant.
436; 437......................  Provide information     Requirement not
                                 for reconsideration     considered IC
                                 of MMS decision to      under 5 CFR
                                 contract or cancel      1320.3(h)(9).
                                 lease or grant area.
------------------------------------------------------------------------

[[Page 48591]]

 
        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            Burdens covered
                                 information, payments   by information
                                 and payment             collections
                                 information, and        approved for 30
                                 maintain auditable      CFR Subchapter
                                 records according to    A.
                                 subchapter A
                                 regulations or
                                 guidance.
506(c)(4).....................  Submit documentation    10 min.
                                 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.)
510...........................  Submit application and  1.
                                 required information
                                 for waiver or
                                 reduction of rental
                                 or other payment.
* 515; 516(a)(1), (b); 525(a)   Execute and provide     1.
 thru (f).                       $100,000 minimum
                                 lease-specific bond
                                 or other approved
                                 security; or increase
                                 bond level if
                                 required.
* 516(a)(2), (3), (b), (c);     Execute and provide     1.
 517; 525(a) thru (f).           commercial lease
                                 supplemental bonds in
                                 amounts determined by
                                 MMS.
516(a)(4); 521(c).............  Execute and provide     1.
                                 decommissioning bond
                                 or other financial
                                 assurance; schedule
                                 for providing the
                                 appropriate amount.
517(c)(1).....................  Submit comments on      1.
                                 proposed adjustment
                                 to bond amounts.
517(c)(2).....................  Request bond reduction  5.
                                 and submit evidence
                                 to justify.
* 520; 521; 525(a) thru (f);..  Execute and provide     1.
Form MMS-0005.................   $300,000 minimum
                                 limited lease or
                                 grant-specific bond
                                 or increase financial
                                 assurance if required.
525(g)........................  Surety notice to        1.
                                 lessee or ROW/RUE
                                 grant holder and MMS
                                 within 5-business
                                 days after initiating
                                 insolvency or
                                 bankruptcy
                                 proceeding, or
                                 Treasury decertifies
                                 surety.
* 526.........................  In lieu of surety       2.
                                 bond, pledge other
                                 types of securities,
                                 including authority
                                 for MMS to sell and
                                 use proceeds.
526(c)........................  Provide annual          1.
                                 certified statements
                                 describing the nature
                                 and market value,
                                 including brokerage
                                 firm statements/
                                 reports.
* 527.........................  Demonstrate financial   10.
                                 worth/ability to
                                 carry out present and
                                 future financial
                                 obligations, annual
                                 updates, and related
                                 or subsequent actions/
                                 records/reports, etc.
528...........................  Provide third-party     10.
                                 indemnity; financial
                                 information/
                                 statements;
                                 additional bond info;
                                 executed guarantor
                                 agreement and
                                 supporting
                                 information/
                                 documentation.
528(c)(6); 532(b).............  Guarantor/Surety        1.
                                 requests MMS
                                 terminate period of
                                 liability and
                                 notifies lessee or
                                 ROW/RUE grant holder,
                                 etc.
* 529.........................  In lieu of surety       2.
                                 bond, request
                                 authorization to
                                 establish
                                 decommissioning
                                 account, including
                                 written
                                 authorizations and
                                 approvals associated
                                 with account.
530...........................  Notify MMS promptly of  1.
                                 lapse in bond or
                                 other security/action
                                 filed alleging
                                 lessee, surety or
                                 guarantor et al. is
                                 insolvent or bankrupt.
533(a)(2)(ii), (iii)..........  Provide agreement from  3.
                                 surety issuing new
                                 bond to assume all or
                                 portion of
                                 outstanding
                                 liabilities.
536(b)........................  Within 10 business      16.
                                 days following MMS
                                 notice, lessee, grant
                                 holder, or surety
                                 agrees to and
                                 demonstrates to MMS
                                 that lease will be
                                 brought into
                                 compliance.
------------------------------------------------------------------------
              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);    Within 6 months after   240.
 605 thru 613.                   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.
** 600(b); 601(c), (d)(1);      If requesting an        1,000.
 606(b); 618; 620 thru 629;      operations term for
 633.                            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.

[[Page 48592]]

 
** 600(c); 601(a), (b); 640     Within 6 months after   240.
 thru 648.                       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.
** 601(d)(2); 622; 628(f);      Submit revised or       50.
 632(b); 634.                    modified COPs,
                                 including project
                                 easements, and all
                                 required additional
                                 information.
602 \1\.......................  Until MMS releases      2.
                                 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.
** 613(d), (e); 616...........  Submit revised or       50.
                                 modified SAPs and
                                 required additional
                                 information.
612(b); 647(b)................  Noncompetitive leases   1.
                                 must submit copy of
                                 SAP or GAP
                                 consistency
                                 certification and
                                 supporting
                                 documentation.
614(a)........................  Notify MMS in writing   1.
                                 within 30 days of
                                 completion of
                                 construction and
                                 installation
                                 activities under SAP.
614(b)........................  Submit annual report    30.
                                 summarizing findings
                                 from site assessment
                                 activities.
614(c)........................  Submit annual, or at    40.
                                 other time periods as
                                 MMS determines, SAP
                                 compliance
                                 certification,
                                 effectiveness
                                 statement,
                                 recommendations,
                                 reports, supporting
                                 documentation, etc.
617(a)........................  Notify MMS in writing   10.
                                 before conducting any
                                 activities not
                                 approved, or provided
                                 for, in SAP; provide
                                 additional
                                 information if
                                 requested.
627(c)........................  Include oil spill       Burden covered
                                 response plan as        30 CFR part
                                 required by part 254..  254, 1010-0091.
631...........................  Request deviation from  2.
                                 approved COP schedule.
633(b)........................  Submit annual, or at    80.
                                 other time periods as
                                 MMS determines, COP
                                 compliance
                                 certification,
                                 effectiveness
                                 statement,
                                 recommendations,
                                 reports, supporting
                                 documentation, etc.
634(a)........................  Notify MMS in writing   10.
                                 before conducting any
                                 activities not
                                 approved or provided
                                 for in COP, and
                                 provide additional
                                 information if
                                 requested.
635...........................  Notify MMS any time     1.
                                 commercial operations
                                 cease without an
                                 approved suspension.
636(a)........................  Notify MMS in writing   1.
                                 no later than 30 days
                                 after commencing
                                 activities associated
                                 with placement of
                                 facilities on lease
                                 area.
636(b)........................  Notify MMS in writing   1.
                                 no later than 30 days
                                 after completion of
                                 construction and
                                 installation
                                 activities.
636(c)........................  Notify MMS in writing   1.
                                 at least 7 days
                                 before commencing
                                 commercial operations.
** 642(b); 648(e); 655;         Submit revised or       50.
 658(c)(3).                      modified GAPs and
                                 required additional
                                 information.
651...........................  Before beginning        30.
                                 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.
653(a)........................  Notify MMS in writing   1.
                                 within 30 days of
                                 completing
                                 installation
                                 activities under the
                                 GAP.
653(b)........................  Submit annual report    30.
                                 summarizing findings
                                 from activities
                                 conducted under
                                 approved GAP.
653(c)........................  Submit annual, or at    40.
                                 other time periods as
                                 MMS determines, GAP
                                 compliance
                                 certification,
                                 recommendations,
                                 reports, etc.
655(a)........................  Notify MMS in writing   10.
                                 before conducting any
                                 activities not
                                 approved or provided
                                 for in GAP, and
                                 provide additional
                                 information if
                                 requested.
656...........................  Notify MMS if at any    1.
                                 time approved GAP
                                 activities cease
                                 without an approved
                                 suspension.
658(c)(1).....................  If after construction,  3.
                                 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.
659...........................  Determine appropriate   70.
                                 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.
------------------------------------------------------------------------
        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.
------------------------------------------------------------------------

[[Page 48593]]

 
*** 700(a)(1), (b), (c); 701..  Submit Facility Design  200.
                                 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).
*** 700(a)(2); (b), (c); 702..  Submit 1 paper copy     160.
                                 and 1 electronic copy
                                 of a Fabrication and
                                 Installation Report,
                                 certification
                                 statement and all
                                 required information.
705(a)(3); 707; 712...........  Certified Verification  100.
                                 Agent (CVA) conducts   100.
                                 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.
705(a)(3); 708; 709; 710; 712.  CVA conducts            100.
                                 independent            100.
                                 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.
705(a)(3); *** 711; 712.......  CVA/project engineer    20.
                                 monitors major         15.
                                 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.
705(b)........................  Request waiver of CVA   40.
                                 requirement in
                                 writing; lessee must
                                 demonstrate standard
                                 design and best
                                 practices.
706...........................  Submit for approval     16.
                                 with SAP, COP, or
                                 GAP, initial
                                 nominations for a CVA
                                 or new replacement
                                 CVA nomination, and
                                 required information.
708(b)(2).....................  Lessee or grant holder  1.
                                 notify MMS if
                                 modifications
                                 identified by CVA/
                                 project engineer are
                                 accepted.
709(a)(14); 710(a)(2), (e) \1\  Make fabrication        1.
                                 quality control,
                                 installation towing,
                                 and other records
                                 available to CVA/
                                 project engineer for
                                 review (retention
                                 required by Sec.
                                 285.714).
713(a)........................  Notify MMS within 10    1.
                                 business days after
                                 commencing commercial
                                 operations.
714 \1\.......................  Until MMS releases      100.
                                 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.
------------------------------------------------------------------------
    Subpart H--Environmental and Safety Management, Inspections, and
Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs
------------------------------------------------------------------------
801(c), (d)...................  Notify MMS if           1.
                                 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.
801(e), (f)...................  Submit information to   6.
                                 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.
802; 902(e)...................  Notify MMS of           3.
                                 archaeological
                                 resource within 72
                                 hours of discovery.
802(b)........................  If requested, conduct   10.
                                 further
                                 archaeological
                                 investigations and
                                 submit report.
803(d)........................  If applicable, submit   .5.
                                 payment for MMS costs
                                 in carrying out
                                 National Historic
                                 Preservation Act
                                 responsibilities.
804(b), (c)...................  If required, conduct    15.
                                 additional surveys to
                                 define boundaries and
                                 avoidance distances
                                 and submit report.
810...........................  Submit safety           35.
                                 management system
                                 description with the
                                 SAP, COP, or GAP.
813(b)(1).....................  Report within 24 hours  .5.
                                 when any required
                                 safety equipment
                                 taken out of service
                                 for more than 12
                                 hours; provide
                                 written confirmation
                                 if oral report.
813(b)(2).....................  Submit written          1.
                                 confirmation when
                                 equipment removed
                                 from service for
                                 greater than 60 days.
813(b)(3).....................  Notify MMS when         .5.
                                 equipment returned to
                                 service; provide
                                 written confirmation
                                 if oral notice.
815(c)........................  When required, analyze  1.5.
                                 cable, P/L, or
                                 facility damage or
                                 failures to determine
                                 cause and as soon as
                                 available submit
                                 comprehensive written
                                 report.
816...........................  Submit plan of          2.
                                 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.

[[Page 48594]]

 
822(a)(2)(iii), (b); 824(a)     Until MMS releases      1.
 \1\.                            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.
823...........................  Request reimbursement   2.
                                 within 90 days for
                                 food, quarters, and
                                 transportation
                                 provided to MMS reps
                                 during inspection.
824(a)........................  Develop annual self     24.
                                 inspection plan
                                 covering all
                                 facilities; retain
                                 with records, and
                                 make available to MMS
                                 upon request.
824(b)........................  Conduct annual self     36.
                                 inspection and submit
                                 report by November 1.
825...........................  Based on API RP 2A-     60.
                                 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.
830(a), (b), (c); 831 thru 833  Immediately report      Oral--.5.
                                 incidents to MMS via   Written--4.
                                 oral communications,
                                 submit written follow-
                                 up report within 15
                                 business days after
                                 the incident, and
                                 submit any required
                                 additional
                                 information.
830(d)........................  Report oil spills as    Burden covered
                                 required by part 254..  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);     Submit for approval 1   20.
 905, 906; 907; 908(c); 909.     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.
902(d); 908...................  Notify MMS at least 60  1.
                                 days before
                                 commencing
                                 decommissioning
                                 activities.
910...........................  Within 60 days after    1.
                                 removing a facility,
                                 verify to MMS that
                                 site is cleared.
912...........................  Within 60 days after    8.
                                 removing a facility,
                                 cable, or pipeline,
                                 submit a written
                                 report.
------------------------------------------------------------------------
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        1.
                                 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.
1007(a), (b), (c).............  Submit indication of    4.
                                 competitive interest
                                 in response to
                                 Federal Register
                                 notice.
1007(c).......................  Submit description of   5.
                                 proposed activities
                                 and required
                                 information in
                                 response to Federal
                                 Register notice of
                                 competitive offering.
1007(f).......................  Lessee or owner of      1.
                                 facility submits
                                 decision to accept or
                                 reject proposals
                                 deemed acceptable by
                                 MMS.
1010(c).......................  Request renewal of      6.
                                 Alternate Use RUE.
1012; 1016(b).................  Provide financial       1.
                                 assurance as MMS
                                 determines in
                                 approving RUE for an
                                 existing facility,
                                 including additional
                                 security if required.
1013..........................  Submit request for      1.
                                 assignment of an
                                 alternative use RUE
                                 for an existing
                                 facility, including
                                 all required
                                 information.
1015..........................  Request relinquishment  1.
                                 of RUE for an
                                 existing facility.
------------------------------------------------------------------------
                30 CFR Parts 250 & 290 Proposed Revisions
------------------------------------------------------------------------
250.1730......................  Request departure from  Burden covered
                                 requirement to remove   by 1010-0142,
                                 a platform or other     30 CFR 250,
                                 facility.               subpart Q.
250.1731(c)...................  Request deferral of     1.
                                 facility removal
                                 subject to RUE issued
                                 under this subpart.
250.290.2.....................  Request                 Requirement not
                                 reconsideration of an   considered IC
                                 MMS decision            under 5 CFR
                                 concerning a lease      1320.3(h)(9).
                                 bid.
------------------------------------------------------------------------
\1\ Retention of these records is usual and customary business practice;
  the burden is primarily to make them available to MMS and CVAs.


[[Page 48595]]

    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: There 
are three non-hour cost burdens to industry. They are as follows:
    <bullet> Sec.  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.
    <bullet> Sec.  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.
    <bullet> Sec.  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 non-hour 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