[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14576-14578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7170]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2008-OMM-0041]


MMS Information Collection Activity: 1010-0048 Geological and 
Geophysical (G&G) Explorations of the OCS, Extension of a Collection; 
Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of extension of an information collection (1010-0048).

-----------------------------------------------------------------------

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 part 251, Geological and 
Geophysical (G&G) Explorations of the Outer Continental Shelf.

DATES: Submit written comments by June 1, 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 regulation and form 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. Under 
the tab More Search Options, click Advanced Docket Search, then select 
Minerals Management Service from the agency drop-down menu, then click 
submit. In the Docket ID column, select MMS-2008-OMM-0041 to submit 
public comments and to view supporting and related materials available 
for this rulemaking. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's User Tips link. 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 1010-0048 in your subject line and mark your 
message for return receipt. Include your name and return address in 
your message text.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 251, Geological and Geophysical (G&G) 
Explorations of the Outer Continental Shelf.
    Form(s): MMS-327.
    OMB Control Number: 1010-0048.
    Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended 
(43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes the 
Secretary of the Interior (Secretary) to prescribe rules and 
regulations to administer leasing of the OCS. Such rules and 
regulations will apply to all operations conducted under a lease. 
Operations on the OCS must preserve, protect, and develop oil and 
natural gas resources in a manner that is consistent with the need to 
make such resources available to meet the Nation's energy needs as 
rapidly as possible; to balance orderly energy resource development 
with protection of human, marine, and coastal environments; to ensure 
the public a fair and equitable return on the resources of the OCS; and 
to preserve and maintain free enterprise competition.
    The OCS Lands Act (43 U.S.C. 1340) also states that ``any person 
authorized by the Secretary may conduct geological and geophysical 
explorations in the [O]uter Continental Shelf, which do not interfere 
with or endanger actual operations under any lease maintained or 
granted pursuant to this OCS Lands Act, and which are not unduly 
harmful to aquatic life in such area.'' The section further requires 
that permits to conduct such activities may only be issued if it is 
determined that the applicant is qualified; the activities are not 
polluting, hazardous, or unsafe; they do not interfere with other users 
of the area; and do not disturb a site, structure, or object of 
historical or archaeological significance. Applicants for permits are 
required to submit form MMS-327 to provide the information necessary to 
evaluate their qualifications.
    The OCS Lands Act (43 U.S.C. 1352) further requires that certain 
costs be reimbursed to the parties submitting required G&G information 
and data. Under the OCS Lands Act, permittees are to be reimbursed for 
the costs of reproducing any G&G data required to be submitted. 
Permittees are to be reimbursed also for the reasonable cost of 
processing geophysical information required to be submitted when 
processing is in a form or manner required by the Director of MMS and 
is not used in the normal conduct of the business of the permittee.
    The Independent Offices Appropriations Act (31 U.S.C. 9701), the 
Omnibus Appropriations Bill (Pub. L. 104-133, 110 Stat. 1321, April 26, 
1996), and the Office of Management and Budget (OMB) Circular A-25, 
authorize Federal agencies to recover the full cost of services that 
confer special benefits. Under the Department of the Interior's (DOI) 
implementing policy, 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. The G&G permits are subject 
to cost recovery, and MMS regulations specify the filing fee for the 
application.
    Regulations at 30 CFR part 251 implement these statutory 
requirements. We use the information to ensure there is no 
environmental degradation, personal harm or unsafe operations and 
conditions, damage to historical or archaeological sites, or 
interference with other uses; to analyze and evaluate preliminary or 
planned drilling activities; to monitor progress and activities in the 
OCS; to acquire G&G data and information collected under a Federal 
permit offshore; and to determine eligibility for reimbursement from 
the government for certain costs. The information is necessary to 
determine if the applicants for permits or filers of notices meet the 
qualifications specified by the OCS Lands Act. The MMS uses information 
collected to understand the G&G characteristics of oil- and gas-bearing 
physiographic regions of the OCS. It aids the Secretary in obtaining a 
proper balance among the potentials for environmental damage, the 
discovery of oil and gas, and adverse impacts on affected coastal 
states. Information from permittees is necessary to determine the 
propriety and amount of reimbursement.
    We will protect information from respondents considered proprietary 
according to the Freedom of Information Act (5 U.S.C. 552) and its 
implementing regulations (43 CFR part 2), the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1733), and under regulations 
at 30 CFR parts 250, 251, and 252.
    No items of a sensitive nature are collected. Responses are 
mandatory.
    Frequency: On occasion, annual; and as specified in permits.

[[Page 14577]]

    Estimated Number and Description of Respondents: Approximately 130 
Federal OCS oil, gas, and sulphur permittees or notice filers.
    Estimated Reporting and Recordkeeping Hour Burden: The currently 
approved annual reporting burden for this collection is 1,586 hours. 
The following chart details the individual components and respective 
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  non-hour cost
     Citation  30 CFR part 251           Reporting and recordkeeping  requirement               burden
----------------------------------------------------------------------------------------------------------------
251.4(a), (b); 251.5(a), (b), (d);   Apply for permits (form MMS-327) to conduct G&G  6
 251.6; 251.7.                        exploration, including deep stratigraphic       $2,012 application fee.
                                      tests/revisions when necessary.
251.4(b); 251.5(c), (d); 251.6.....  File notices to conduct scientific research      6
                                      activities, including notice to MMS prior to
                                      beginning and after concluding activities.
251.6(b) 251.7(b)(5)...............  Notify MMS if specific actions should occur;     1
                                      report archaeological resources (no instances
                                      reported since 1982).
251.7..............................  Submit information on test drilling activities   0
                                      under a permit, including Forms MMS-123 and
                                      MMS-123S (burden included under 30 CFR part
                                      250, subpart D, 1010-0141).
251.7(c)...........................  Enter into agreement for group participation in  1
                                      test drilling, including publishing summary
                                      statement; provide MMS copy of notice/list of
                                      participants. (No agreements submitted since
                                      1989.).
251.7(d)...........................  Submit bond(s) on deep stratigraphic test        0
                                      (burden included under 30 CFR part 256, 1010-
                                      0006).
251.8(a)...........................  Request reimbursement for certain costs          1
                                      associated with MMS inspections (no requests
                                      in many years. OCS Lands Act requires
                                      Government reimbursement).
251.8(b), (c)......................  Submit modifications to, and status/final        2
                                      reports on, activities conducted under a
                                      permit.
251.9(c)...........................  Notify MMS to relinquish a permit..............  \1/2\
251.10(c)..........................  File appeals (exempt under 5 CFR 1320.4(a)(2),   0
                                      (c)).
251.11; 251.12.....................  Notify MMS and submit G&G data/information       4
                                      collected under a permit and/or processed by
                                      permittees or 3\rd\ parties, including
                                      reports, logs or charts, results, analyses,
                                      descriptions, etc.
251.13.............................  Request reimbursement for certain costs          2
                                      associated with reproducing data/information.
251.14(a)..........................  Submit comments on MMS intent to disclose data/  1
                                      information to the public.
251.14(c)(2).......................  Submit comments on MMS intent to disclose data/  1
                                      information to an independent contractor/agent.
251.14(c)(4).......................  Contractor/agent submits written commitment not  1
                                      to sell, trade, license, or disclose data/
                                      information without MMS consent.
251.1-251.14.......................  General departure and alternative compliance     2
                                      requests not specifically covered elsewhere in
                                      part 251 regulations.
Form MMS-327.......................  Request extension of permit time period........  1
Form MMS-327.......................  Retain G&G data/information for 10 years and     1
                                      make available to MMS upon request.
----------------------------------------------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have 
identified one non-hour cost burden for this collection. In Sec.  
251.5, MMS charges a $2,012 G&G application fee. We have identified no 
other non-hour cost burdens.
    Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) 
provides that an agency may not conduct or sponsor a collection of 
information unless it displays a currently valid OMB control number. 
Until OMB approves a collection of information, you are not obligated 
to respond.
    Comments: Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A) requires each agency ``* * * to provide notice * * * and 
otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information * * *''. Agencies 
must specifically solicit comments to: (a) Evaluate whether the 
proposed collection of information is necessary for the agency to 
perform its duties, including whether the information is useful; (b) 
evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (c) enhance the quality, 
usefulness, and clarity of the information to be collected; and (d) 
minimize the burden on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    Agencies must also estimate the non-hour cost burdens to 
respondents or recordkeepers resulting from the collection of 
information. Therefore, if you have costs to generate, maintain, and 
disclose this information, you should comment and provide your total 
capital and startup cost components or annual operation, maintenance, 
and purchase of service components. You should describe the methods you 
use to estimate major cost factors, including system and technology 
acquisition, expected useful life of capital equipment, discount 
rate(s), and the period over which you incur costs. Capital and startup 
costs include, among other items, computers and software you purchase 
to prepare for collecting information, monitoring, and record storage 
facilities. You should not include estimates for equipment or services 
purchased: (i) Before October 1, 1995; (ii) to comply with requirements 
not associated with the information collection; (iii) for reasons other 
than to provide information or keep records for the Government; or (iv) 
as part of customary and usual business or private practices.
    We will summarize written responses to this notice and address them 
in our submission for OMB approval. As a result of your comments, we 
will make any necessary adjustments to the burden in our submission to 
OMB.
    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

[[Page 14578]]

cannot guarantee that we will be able to do so.
    MMS Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: March 24, 2009.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E9-7170 Filed 3-30-09; 8:45 am]
BILLING CODE 4310-MR-P