[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Notices]
[Pages 53274-53277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21436]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2008-OMM-0038]


MMS Information Collection Activities: 1010-0050 Pipelines and 
Pipeline Rights-of-Way; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

[[Page 53275]]


ACTION: Notice of extension of an information collection (1010-0050).

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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 250, Subpart J, Pipelines 
and Pipeline Rights-of-Way.

DATES: Submit written comments by November 14, 2008.

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-0038 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 1010-0050 in your subject line and mark your 
message for return receipt. Include your name and return address in 
your message text.

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 the forms that 
require the subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR 250, Subpart J, Pipelines and Pipeline Rights-of-Way.
    Form(s): MMS-149 and MMS-2030.
    OMB Control Number: 1010-0050.
    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 Independent Offices Appropriations Act (31 U.S.C. 9701), the 
Omnibus Appropriations Bill (Pub. L. 104-133, 110 Stat. 1321, April 26, 
1996), and 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 which accrue to the public at large. Pipeline rights-of-way and 
assignments are subject to cost recovery, and MMS regulations specify 
filing fees for applications.
    This submittal concerns the regulations at 30 CFR 250, subpart J, 
on pipelines and pipeline rights-of-way. It also covers the related 
Notices to Lessees and Operators (NTLs) that MMS issues to clarify and 
provide additional guidance on some aspects of the regulations.
    Included with this submission is form MMS-149, Assignment of 
Interest in Federal Pipeline Right-of-Way. Section 250.1018 requires 
applicants to request approval for assignments in whole or of any 
lineal segment for a right-of-way grant. The assignee is required to 
submit this form with the relevant information and pay a service fee 
for this request.
    Also with this submission is form MMS-2030, Outer Continental Shelf 
Right-of-Way Grant Bond. Section 250.1011(a) requires applicants for, 
and holders of, a right-of-way to provide and maintain a $300,000 bond 
(in addition to the bond coverage required under 30 CFR part 256), as 
well as additional security MMS determines is necessary. Respondents 
submit form MMS-2030 for these right-of-way grant bonds.
    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 250.197, data and information to be made available to the public or 
for limited inspection. No items of a sensitive nature are collected. 
Responses are mandatory.
    Frequency: On occasion.
    Estimated Number and Description of Respondents: Approximately 130 
Federal OCS lessees and/or operators and 88 holders of pipeline rights-
of-way.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
currently approved annual reporting burden for this collection is 
107,874 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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 Citation 30 CFR 250 subpart J and                                                      Hour burden-- Non-hour
           related NTL(s)                 Reporting & recordkeeping requirements              cost burden
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1000-1008..........................  Make available to MMS design, construction,      2
                                      operation, maintenance, testing, and repair
                                      records on lease-term P/Ls \1\.
1000(b); 1007(a)...................  Submit application to install new lease-term     140
                                      pipeline (P/L), including exceptions/           $3,100 fee
                                      departures, consents and notices, required
                                      reports, and attachments.
1000(b), (d); 1007(a); 1009(a);      Apply for P/L right-of-way (ROW) grant and       140
 1011(a); 1015; 1016.                 installation of new ROW P/L, including          $2,350 fee
                                      exceptions/departures, consents and notices,
                                      required reports, and attachments.
1000(b); 1007(b); 1015; 1017.......  Submit application to modify lease-term or ROW   30
                                      P/L or ROW grant, including exceptions/         $1,800-L/T fee
                                      departures; notify operators of deviation.      $3,650-ROW fee
1000(b); 1010(h); 1019.............  Apply to relinquish P/L ROW grant, including     8
                                      exceptions/departures.

[[Page 53276]]

 
1000(c)(2).........................  Identify in writing P/L operator on ROW if       .25
                                      different from ROW grant holder.
1000(c)(3).........................  Mark specific point on P/L where operating       0
                                      responsibility transfers to transporting
                                      operator or depict transfer point on a
                                      schematic located on the facility. (Part of
                                      application or construction process involving
                                      no additional burdens.).
1000(c)(4).........................  Petition to MMS for exceptions to general        5
                                      operations transfer point description.
1000(c)(8).........................  Request MMS recognize valves landward of last    1
                                      production facility but still located on OCS
                                      as point where MMS regulatory authority begins.
1000(c)(12)........................  Petition to MMS to continue to operate under     40
                                      DOT regulations upstream of last valve on last
                                      production facility.
1000(c)(13)........................  Transporting P/L operator petition to DOT and    40
                                      MMS to continue to operate under MMS
                                      regulations.
1004(c)............................  Place sign on safety equipment identified as     See footnote \2\
                                      ineffective and removed from service.
1005(a)............................  Inspect P/L routes for indication of leakage     24
                                      \1\, record results, maintain records 2 years
                                      \2\.
1007(a)(4).........................  Submit required documentation under API RP 17J.  150
1008(a), (c), (d), (e), (f), (h)...  Notify MMS; as requested submit procedures       16
                                      before performing work; submit post-report on
                                      P/L or P/L safety equipment repair, removal
                                      from service, analysis results, or potential
                                      measurements.
1008(b)............................  Submit P/L construction report.................  16
1008(e)............................  The lessee or right-of-way holder must notify    $340 fee
                                      the Regional Supervisor before the repair of
                                      any pipeline.
1008(g)............................  Submit plan of corrective action and report of   16
                                      remedial action.
1010(c)............................  Notify MMS of any archaeological resource        4
                                      discovery.
1010(d)............................  Inform MMS of P/L ROW holder's name and address  0
                                      changes. Not considered information collection
                                      under 5 CFR 1320.3(h)(1).
1010(g)............................  Make available to MMS design, construction,      10
                                      operation, maintenance, testing, and repair
                                      records on P/L ROW area and improvements \2\.
1011(a)............................  Submit surety bond on form MMS-2030............  .50
1015...............................  Apply to convert lease-term P/L to ROW grant P/  25
                                      L; notify operators of deviation, including     $200 fee
                                      various exceptions/departures.
1016...............................  Request opportunity to eliminate conflict when   2
                                      application has been rejected; amend and
                                      submit application if needed.
1018...............................  Apply for and file application and required      .5
                                      information for assignment or transfer for      $170 fee
                                      approval (ROW) (Form MMS-149).
1000-1019..........................  General departure and alternative compliance     2
                                      requests not specifically covered elsewhere in
                                      subpart J regulations (e.g., protective device
                                      re burial).
----------------------------------------------------------------------------------------------------------------
\1\ Retaining these records is usual and customary business practice; required burden is minimal to make
  available to MMS.
\2\ These activities are usual and customary practices for prudent operators.

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: The 
currently approved annual non-hour cost burden for collection 1010-0050 
is $2,369,400. All of the non-hour cost burdens are for non-refundable 
filing fees. In:
    <bullet> Sec.  250.1000(b) applicants must pay a fee of $3,100 for 
a new L/T pipeline application; $1,800 for a modification to a L/T 
pipeline application, and $3,650 for a modification to a ROW pipeline 
application.
    <bullet> Sec.  250.1008(e) applications must pay a fee of $340 for 
a pipeline repair notification.
    <bullet> Sec.  250.1015(a) applicants must pay a $2,350 fee when 
applying for a pipeline right-of-way grant to install a new pipeline or 
pay $200 to convert an existing lease-term pipeline into a right-of-way 
pipeline.
    <bullet> Sec.  250.1018(b) an applicant must pay a fee of $170 when 
applying for approval of an assignment of a right-of-way grant.
    There are no other non-hour cost burdens for this collection.
    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

[[Page 53277]]

any necessary adjustments to the burden in our submission to OMB.
    Public Comment Procedure: The MMS's practice is to make comments, 
including names and addresses of respondents, available for public 
review. If you wish your name and/or address to be withheld, you must 
state this prominently at the beginning of your comment. MMS will honor 
this request to the extent allowable by law; however, anonymous 
comments will not be considered. All submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, will be 
made available for public inspection in their entirety.
    MMS Information Collection Clearance Officer: Arlene Bajusz, (202) 
208-7744.

    Dated: September 5, 2008.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E8-21436 Filed 9-12-08; 8:45 am]
BILLING CODE 4310-MR-P