[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Notices]
[Pages 51316-51318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24094]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2009-OMM-0013]


MMS Information Collection Activity: 1010-0006, Leasing of 
Sulphur or Oil and Gas in the Outer Continental Shelf and Outer 
Continental Shelf Oil and Gas Leasing, Extension of a Collection; 
Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of extension of an information collection (1010-0006).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS 
is inviting comments on a collection of information that we will submit 
to the Office of Management and Budget (OMB) for review and approval. 
The information collection request (ICR) concerns the paperwork 
requirements in the regulations under 30 CFR 256, ``Leasing of Sulphur 
or Oil and Gas in the Outer Continental Shelf,'' and 30 CFR 260, 
``Outer Continental Shelf Oil and Gas Leasing.''

DATES: Submit written comments by December 7, 2009.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and 
Standards Branch at (703) 787-1607. You may also contact Cheryl Blundon 
to obtain a copy, at no cost, of the regulations and the forms that 
require the subject collection of information.

ADDRESSES: You may submit comments by either of the following methods 
listed below.
    <bullet> Electronically: go to http://www.regulations.gov. In the 
entry titled ``Enter Keyword or ID,'' enter docket ID MMS-2009-OMM-0013 
then click search. Under the tab ``View by Docket Folder'' you can 
submit public comments and view supporting and related materials 
available for this collection of information. 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 1010-0006 in your subject line and include your 
name and return address.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 256, ``Leasing of Sulphur or Oil and Gas in the 
Outer Continental Shelf,'' and 30 CFR Part 260, ``Outer Continental 
Shelf Oil and Gas Leasing.''
    Form(s): MMS-150, MMS-151, MMS-152, MMS-2028, and MMS-2028A.
    OMB Control Number: 1010-0006.
    Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended 
(43 U.S.C. 1331 et seq., and 43 U.S.C. 1801 et seq.), authorizes the 
Secretary of the Interior (Secretary) to prescribe rules and 
regulations to administer leasing of the OCS. Such rules and 
regulations will apply to all operations conducted under a lease. 
Operations on the OCS must preserve, protect, and develop oil and 
natural gas resources in a manner that is consistent with the need to 
make such resources available to meet the Nation's energy needs as 
rapidly as possible; to balance orderly energy resource development 
with protection of human, marine, and coastal environments; to ensure 
the public a fair and equitable return on the resources of the OCS; and 
to preserve and maintain free enterprise competition. Also, the Energy 
Policy and Conservation Act of 1975 (EPCA) prohibits certain lease 
bidding arrangements (42 U.S.C. 6213(c)).
    The Independent Offices Appropriations Act of 1952 (IOAA), 31 
U.S.C. 9701, authorizes Federal agencies to recover the full cost of 
services that provide special benefits. Under the Department of the 
Interior's (DOI) policy implementing the IOAA, the Minerals Management 
Service (MMS) is required to charge the full cost for services that 
provide special benefits or privileges to an identifiable non-Federal 
recipient above and beyond those that accrue to the public at large. 
Instruments of transfer of a lease or interest are subject to cost 
recovery, and MMS regulations specify the filing fee for these transfer 
applications.
    These authorities and responsibilities are among those delegated to 
the MMS under which we issue regulations governing oil and gas and 
sulphur operations in the OCS. This ICR addresses the regulations at 30 
CFR Part 256, ``Leasing of Sulphur or Oil and Gas in the OCS,'' 30 CFR 
Part 260, ``OCS Oil and Gas Leasing,'' and the associated supplementary 
Notices to Lessees and Operators (NTLs) intended to provide 
clarification, description, or explanation of these regulations. This 
ICR also concerns the use of forms to process bonds per subpart I, 
Bonding, the transfer of interest in leases per subpart J, Assignments, 
Transfers and Extensions, and the filing of relinquishments per subpart 
K, Termination of Leases. The forms are:
    <bullet> MMS-2028, OCS Mineral Lessee's and Operator's Bond,
    <bullet> MMS-2028A, OCS Mineral Lessee's and Operator's 
Supplemental Plugging and Abandonment Bond,
    <bullet> MMS-150, Assignment of Record Title Interest in Federal 
OCS Oil and Gas Lease,
    <bullet> MMS-151, Assignment of Operating Rights Interest in 
Federal OCS Oil and Gas Lease,
    <bullet> MMS-152, Relinquishment of Federal OCS Oil and Gas Lease.
    We will protect specific individual replies from disclosure as 
proprietary information according to section 26 of the OCS Lands Act, 
the Freedom of Information Act (5 U.S.C. 552) and its implementing 
regulations (43 CFR part 2), and 30 CFR 256.10(d). No items of a 
sensitive nature are collected. Responses are mandatory or are required 
to obtain or retain a benefit.
    Frequency: The frequency of response is mostly on occasion, annual.
    Description of Respondents: Respondents comprise Federal oil and 
gas or sulphur lessees and/or operators.
    Estimated Reporting and Recordkeeping Hour Burden: The currently 
approved annual reporting burden for this collection is 17,103 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.

 
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                                                                                               Hour burden
  Citation 30 CFR part 256 and          Reporting and/or recordkeeping requirement      ------------------------
              NTLs                                                                         Non-hour cost burden
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Subparts A, C, E, H, L, M.......  None.................................................  0

[[Page 51317]]

 
Subparts G, H, I, J: 37; 53; 68;  Request approval for various operations or submit      0
 70; 71; 72; 73.                   plans or applications. Burden included with other
                                   approved collections in 30 CFR Part 250 (1010-0114,
                                   1010-0141, 1010-0142, 1010-0149, 1010-0151).
Subpart B: All sections.........  Submit suggestions and relevant information in         0
                                   response to request for comments on proposed 5-year
                                   leasing program, including information from States/
                                   local governments. Not considered IC as defined in 5
                                   CFR 1320.3(h)(9).
Subpart D: All sections.........  Submit response to Call for Information and            0
                                   Nominations on areas for leasing of minerals in
                                   specified areas in accordance with an approved
                                   leasing program, including information from States/
                                   local governments. Not considered IC as defined in 5
                                   CFR 1320.3(h)(9).
Subpart F: 31...................  States or local governments submit comments/           4
                                   recommendations on size, timing, or location of
                                   proposed lease sale.
Subpart G: 35; 46(d), (e).......  Establish a Company File for qualification; submit     2
                                   updated information, submit qualifications for
                                   lessee/bidder, request exception.
41; 43; 46(g)...................  Submit qualification of bidders for joint bids and     2
                                   statement or report of production, along with
                                   supporting information/appeal.
44; 46..........................  Submit bids and required information.................  5
47(c)...........................  File agreement to accept joint lease on tie bids.....  3\1/2\
47(e)(1), (e)(3)................  Request for reconsideration of bid rejection. Not      0
                                   considered IC as defined in 5 CFR 1320.3(h)(9).
47(f), (i); 50..................  Execute lease (includes submission of evidence of      1
                                   authorized agent and request for dating of leases).
Subpart I: 52(f)(2), (g)(2).....  Submit authority for Regional Director to sell         2
                                   Treasury or alternate type of securities.
53(a), 53(b); 54................  OCS Mineral Lessee's and Operator's Bond (Form MMS-    \1/4\
                                   2028).
53(c), (d), (f); 54(e)..........  Demonstrate financial worth/ability to carry out       3\1/2\
                                   present and future financial obligations, request
                                   approval of another form of security, or request
                                   reduction in amount of supplemental bond required.
54..............................  OCS Mineral Lessee's and Operator's Supplemental       \1/4\
                                   Plugging & Abandonment Bond (Form MMS-2028A).
55..............................  Notify MMS of any lapse in previous bond/action filed  1
                                   alleging lessee, surety, or guarantor is insolvent
                                   or bankrupt.
56..............................  Provide plan/instructions to fund lease-specific       12
                                   abandonment account and related information; request
                                   approval to withdraw funds.
57..............................  Provide third-party guarantee, indemnity agreement,    19
                                   financial information, related notices, reports, and
                                   annual update; notify MMS if guarantor becomes
                                   unqualified.
57(d)(3); 58....................  Notice of and request approval to terminate period of  \1/2\
                                   liability, cancel bond, or other security.
59(c)(2)........................  Provide information to demonstrate lease will be       16
                                   brought into compliance.
Subpart J: 62; 63; 64; 65; 67...  File application and required information for          1
                                   assignment or transfer for approval/comment on        $186 per application.
                                   filing fee (Forms MMS-150 and MMS-151).
63; 64(a)(8)....................  Submit non-required documents, for record purposes,    0
                                   which respondents want MMS to file with the lease     $27 per filing.
                                   document. Accepted on behalf of lessees as a
                                   service, MMS does not require nor need the filiings.
64(a)(7)........................  File required instruments creating or transferring     1
                                   working interests, etc., for record purposes.
Subpart K: 76; 92(a)............  File written request for relinquishment (Form MMS-     1
                                   152).
77(c)...........................  Comment on lease cancellation (MMS expects 1 in 10     1
                                   years).
Subpart N: 92(a)................  Request a bonus or royalty credit; submit supporting   1
                                   documentation.
95..............................  Request approval to transfer bonus or credit to        1
                                   another party; submit supporting information.
124(a)..........................  Request MMS to reconsider field assignment of a        0
                                   lease. Exempt under 5 CFR 1230.4(a)(2), (c).
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    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: There 
are three non-hour cost burdens to industry. They are as follows:
    <bullet> Sec.  256.64, Form MMS-150--Assignment of Record Title 
Interest in Federal OCS Oil and Gas Lease, $186/per response.
    <bullet> Sec.  256.64, Form MMS-151--Assignment of Operating Rights 
Interest in Federal OCS Oil and Gas Lease, $186/per response.
    <bullet> Sec.  256.64, Non-required document filing fee, $27/per 
response.
    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

[[Page 51318]]

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 25, 2009.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E9-24094 Filed 10-5-09; 8:45 am]
BILLING CODE 4310-MR-P