[Federal Register Volume 75, Number 172 (Tuesday, September 7, 2010)]
[Notices]
[Pages 54354-54357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22189]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Management, Regulation and Enforcement

[Docket No. MMS-2010-OMM-0020]


BOEMRE Information Collection Activity: 1010-0106, Oil Spill 
Financial Responsibility for Offshore Facilities, Extension of a 
Collection; Submitted for Office of Management and Budget (OMB) Review; 
Comment Request

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), Interior.

ACTION: Notice of extension of an information collection (1010-0106).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we 
are notifying the public that we have submitted to OMB an information 
collection request (ICR) to renew approval of the paperwork 
requirements in the regulations under 30 CFR part 253, ``Oil Spill 
Financial Responsibility for Offshore Facilities,'' and related 
documents. This notice also provides the public a second opportunity to 
comment on the paperwork burden of these regulatory requirements.

DATES: Submit written comments by October 7, 2010.

ADDRESSES: Submit comments by either fax (202) 395-5806 or e-mail 
(<a href="/cdn-cgi/l/email-protection#8ec1c7dccfd1cac1cdc5cbdacee1e3eca0ebe1fea0e9e1f8"><span class="__cf_email__" data-cfemail="024d4b50435d464d41494756426d6f602c676d722c656d74">[email protected]</span></a>) directly

[[Page 54355]]

to the Office of Information and Regulatory Affairs, OMB, Attention: 
Desk Officer for the Department of the Interior (1010-0106). Please 
also submit a copy of your comments to BOEMRE by any of the means 
below.
    <bullet> Electronically: Go to http://www.regulations.gov. In the 
entry titled ``Enter Keyword or ID,'' enter docket ID MMS-2010-OMM-0020 
then click search. Follow the instructions to submit public comments 
and view supporting and related materials available for this 
collection. The BOEMRE will post all comments.
    <bullet> E-mail <a href="/cdn-cgi/l/email-protection#6b08030e1912074509071e050f04052b09040e06190e450c041d"><span class="__cf_email__" data-cfemail="d3b0bbb6a1aabffdb1bfa6bdb7bcbd93b1bcb6bea1b6fdb4bca5">[email protected]</span></a>. Mail or hand-carry 
comments to: Department of the Interior; Bureau of Ocean Energy 
Management, Regulation and Enforcement; Attention: Cheryl Blundon; 381 
Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference 
ICR 1010-0106 in your comment and include your name and return address.

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

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR 253, Oil Spill Financial Responsibility for Offshore 
Facilities.
    Forms: MMS-1016, MMS-1017, MMS-1018, MMS-1019, MMS-1020, MMS-1021, 
MMS-1022.
    OMB Control Number: 1010-0106.
    Abstract: Title I of the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 
2701 et seq.), as amended by the Coast Guard Authorization Act of 1996 
(Pub. L. 104-324), provides at section 1016 that oil spill financial 
responsibility (OSFR) for offshore facilities be established and 
maintained according to methods determined acceptable to the President. 
Section 1016 of OPA supersedes the offshore facility oil spill 
financial responsibility provisions of the Outer Continental Shelf 
(OCS) Lands Act Amendments of 1978. These authorities and 
responsibilities are among those delegated to the Bureau of Ocean 
Energy Management, Regulation and Enforcement (BOEMRE) under which 
BOEMRE issues regulations governing oil and gas and sulphur operations 
in the OCS.
    This ICR addresses the regulations at 30 CFR part 253, Oil Spill 
Financial Responsibility for Offshore Facilities, including any 
supplementary notices to lessees and operators (NTLs) that provide 
clarification, description, or explanation of these regulations, and 
forms MMS-1016 through MMS-1022.
    Regulations implementing these responsibilities are under 30 CFR 
253. Responses are mandatory. No questions of a sensitive nature are 
asked. The BOEMRE protects information considered proprietary according 
to the Freedom of Information Act (5 U.S.C. 552) and its implementing 
regulations (43 CFR 2).
    The BOEMRE will use the information collected under 30 CFR part 253 
to verify compliance with section 1016 of OPA. The information is 
necessary to confirm that applicants can pay for cleanup and damages 
from oil-spill discharges from Covered Offshore Facilities (COFs). The 
information will be used routinely: (a) To establish approval and 
eligibility of applicants for an OSFR certification; and (b) as a 
reference source for cleanup and damage claims associated with oil-
spill discharges from COFs; the names, addresses, and telephone numbers 
of owners, operators, and guarantors; designated U.S. agents for 
service of process; and persons to contact. To collect most of the 
information, BOEMRE developed standard forms. The forms and their 
purposes are:
    Cover Sheet: The forms will be distributed in a package that 
includes a cover sheet that displays the required OMB Control Number, 
Expiration Date, and Paperwork Reduction Act (PRA) statement. This 
cover sheet will accompany the forms as part of a package or will be 
included with any copies of a particular form that respondents may 
request.
    Form MMS-1016, Designated Applicant Information Certification: The 
designated applicant uses this form to provide identifying information 
(company legal name, BOEMRE company number and region, address, contact 
name and title, telephone and fax numbers) and to summarize the OSFR 
evidence. This form is required for each new or renewed OSFR 
certification application.
    Form MMS-1017, Designation of Applicant: When there is more than 
one responsible party for a COF, they must select a designated 
applicant. Each responsible party, as defined in the regulations, must 
use this form to notify BOEMRE of the designated applicant. This form 
is also used to designate the U.S. agent for service of process for the 
responsible party(ies) should claims from an oil-spill discharge exceed 
the amount evidenced by the designated applicant; to identify and 
provide pertinent information about the responsible party(ies); and to 
list the COFs for which the responsible party is liable for OSFR 
certification. The form identifies each COF by State or OCS region; 
lease, permit, right of use and easement or pipeline number; aliquot 
section; area name; and block number. This form must be submitted with 
each new OSFR application or with an assignment involving a COF in 
which there is at least one responsible party who is not the designated 
applicant for a COF.
    Form MMS-1018, Self-Insurance or Indemnity Information: This form 
is used if the designated applicant is self-insuring or using an 
indemnity for OSFR evidence. As appropriate, either the designated 
applicant or the designated applicant's indemnitor completes the form 
to indicate the amount of OSFR coverage as well as effective and 
expiration dates. The form also provides pertinent information about 
the self-insurer or indemnitor and is used to designate a U.S. agent 
for service of process for claims up to the evidenced amount. This form 
must be submitted each time new evidence of OSFR is submitted using 
either self-insurance or an indemnification.
    Form MMS-1019, Insurance Certificate: The designated applicant 
(representing himself as a direct purchaser of insurance) or his 
insurance agent or broker and the named insurers complete this form to 
provide OSFR evidence using insurance. The number of forms to be 
submitted will depend upon the number of layers of insurance to 
evidence the total amount of OSFR required. One form is required for 
each layer of insurance. The form provides pertinent information about 
the insurer(s) and designates a U.S. agent for service of process. This 
form must be submitted at the beginning of the term of the insurance 
coverage for the designated applicant's COFs or at the time COFs are 
added, with the scheduled option selected, to OSFR coverage.
    Form MMS-1020, Surety Bond: Each bonding company that issues a 
surety bond for the designated applicant must complete this form 
indicating the amount of surety and effective dates. The form provides 
pertinent information about the bonding company and designates a U.S. 
agent for service of process for the amount evidenced by the surety 
bond. This form must be submitted at the beginning of the term of the 
surety bond for the named designated applicant.
    Form MMS-1021, Covered Offshore Facilities: The designated 
applicant submits this form to identify the COFs for which the OSFR 
evidence applies. The form identifies each COF by State or OCS region; 
lease, permit, right of use and easement or pipeline number; aliquot 
section; area name; block

[[Page 54356]]

number; and potential worst case oil-spill discharge. This form is 
required to be submitted with each new or renewed OSFR certification 
application that includes COFs.
    Form MMS-1022, Covered Offshore Facility Changes: During the term 
of the issued OSFR certification, the designated applicant may submit 
changes to the current COF listings, including additions, deletions, or 
changes to the worst case oil-spill discharge for a COF. This form must 
be submitted when identified changes occur during the term of an OSFR 
Certification.
    Frequency: On occasion, annual.
    Description of Respondents: Respondents are holders of leases, 
permits, and rights of use and easement in the OCS and in State coastal 
waters who will appoint designated applicants. Other respondents will 
be the designated applicants' insurance agents and brokers, bonding 
companies, and indemnitors. Some respondents may also be claimants. 
Estimated Reporting and Recordkeeping Hour Burden: The estimated annual 
hour burden for this information collection is a total of 21,319 hours. 
The following chart details the individual components and estimated 
hour burdens. 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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                                                                                  Average number
     Citation 30 CFR 253             Reporting requirement          Hour burden      of annual     Annual burden
                                                                                     reponses          hours
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Various sections.............   The burdens for all general references to submitting evidence of               0
                                             OSFR are covered under the forms below.
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                                        Applicability and Amount of OSFR
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11 (a)(1); 40; 41............  Form MMS-1016--Designated                       1             200             200
                                Applicant Information
                                Certification.
11(a)(1); 40; 41.............  Form MMS-1017--Designation of                   9             600           5,400
                                Applicant.
12...........................  Request for determination of OSFR               2               5              10
                                applicability.
15...........................  Notify BOEMRE of change in                      1               1               1
                                ability to comply.
15(f)........................  Provide claimant written                        1              15              15
                                explanation of denial.
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    Subtotal....................................................................             821           5,626
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                                         Methods for Demonstrating OSFR
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21; 22; 23; 24; 26; 27; 30;    Form MMS-1018--Self-Insurance or                1              75              75
 40; 41; 43.                    Indemnity Information.
29; 40; 41; 43...............  Form MMS-1019--Insurance                      120             120          14,400
                                Certificate.
31; 40; 41; 43...............  Form MMS-1020--Surety Bond.......              24               4              96
32...........................  Proposal for alternative method               120               1             120
                                to evidence OSFR (anticipate no
                                proposals, but the regs provide
                                the opportunity).
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    Subtotal....................................................................             200          14,691
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                                  Requirements for Submitting OSFR Information
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40; 41.......................  Form MMS-1021--Covered Offshore                 3             200             600
                                Facilities.
40; 41; 42...................  Form MMS-1022--Covered Offshore                 1             400             400
                                Facility Changes.
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    Subtotal....................................................................             600           1,000
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                                 Claims for Oil-Spill Removal Costs and Damages
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Subpart F....................      Claims: BOEMRE will not be involved in the claims process.                  0
                                 Assessment of burden for claims against the Oil Spill Liability
                                Trust Fund (30 CFR parts 135, 136, 137) should be responsibility
                                                    of the U.S. Coast Guard.
                              ----------------------------------------------------------------------------------
60(d)........................  Claimant request to determine                   2               1               2
                                whether a guarantor may be
                                liable for a claim.
----------------------------------------------------------------------------------------------------------------
    Subtotal....................................................................               1               2
----------------------------------------------------------------------------------------------------------------
        Total Burden............................................................           1,622          21,319
----------------------------------------------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have 
identified no paperwork non-hour cost burdens associated with the 
collection of information.
    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: Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, et 
seq.) 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 54357]]

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.
    To comply with the public consultation process, on April 26, 2010, 
we published a Federal Register notice (75 FR 21648) announcing that we 
would submit this ICR to OMB for approval. The notice provided the 
required 60-day comment period. In addition, Sec.  253.5 and the PRA 
statement on the cover sheet for the OSFR forms explain that BOEMRE 
will accept comments at any time on the information collection 
requirements and burdens of our 30 CFR part 253 regulations and 
associated forms. The regulation and the OSFR cover sheet also inform 
the public that they may comment at any time on the collection of 
information and provides the address to which they should send 
comments. We have received no comments in response to these efforts.
    If you wish to comment in response to this notice, you may send 
your comments to the offices listed under the ADDRESSES section of this 
notice. The OMB has up to 60 days to approve or disapprove the 
information collection but may respond after 30 days. Therefore, to 
ensure maximum consideration, OMB should receive public comments by 
October 7, 2010.
    Public Availability of Comments: 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.
    BOEMRE Information Collection Clearance Officer: Arlene Bajusz 
(703) 787-1025.

    Dated: August 30, 2010.
Doug Slitor,
Acting Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2010-22189 Filed 9-3-10; 8:45 am]
BILLING CODE 4310-MR-W-P


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