[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Notices]
[Pages 9354-9356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3201]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Submitted for Office of 
Management and Budget (OMB) Review; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of extension of a currently approved information 
collection (OMB Control Number 1010-0006).

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we 
are submitting to OMB for review and approval an information collection 
request (ICR) titled ``30 CFR Part 256, Leasing of Sulphur or Oil and 
Gas in the Outer Continental Shelf.'' We are also soliciting comments 
from the public on this ICR.

DATES: Submit written comments by March 9, 2001.

ADDRESSES: You may submit comments directly to the Office of 
Information and Regulatory Affairs, OMB, Attention: Desk Officer for 
the Department of the Interior (1010-0006), 725 17th Street, NW., 
Washington, DC 20503. Mail or hand carry a copy of your comments to the 
Department of the Interior, Minerals Management Service, Attention: 
Rules Processing Team, Mail Stop 4024, 381 Elden Street; Herndon, 
Virginia 20170-4817.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. There may be circumstances in which we 
would withhold from the record a respondent's identity, as allowable by 
the law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

FOR FURTHER INFORMATION CONTACT: Alexis London, Rules Processing Team, 
telephone (703) 787-1600. You may also contact Alexis London to obtain 
at no cost a copy of our submission to OMB, which includes the 
regulations that require this information to be collected.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Part 256, Leasing of Sulphur or Oil and Gas in the 
Outer Continental Shelf.
    OMB Control Number: 1010-0006.
    Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended, 
43 U.S.C. 1331 et seq., requires the Secretary of the Interior to 
preserve, protect, and develop offshore oil and gas resources; 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 the 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 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, 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 filing fees for these transfer applications.
    Responses are required to obtain or retain a benefit. No questions 
of a ``sensitive'' nature are asked. The individual responses to Calls 
for Information are the only information collected involving the 
protection of confidentiality. MMS protects specific individual replies 
from disclosure as proprietary information according to section 26 of 
the OCS Lands Act and 30 CFR 256.10(d).
    MMS uses the information to determine if applicants are qualified 
to hold leases in the OCS and specifically to:
    <bullet> Verify the qualifications of a bidder on an OCS lease 
sale. Once the required information is filed with MMS, a qualification 
number is assigned to the bidder so that duplicate information is not 
required on subsequent filings.

[[Page 9355]]

    <bullet> Develop the semiannual List of Restricted Joint Bidders. 
This identifies parties ineligible to bid jointly with each other on 
OCS lease sales, under limitations established by the EPCA.
    <bullet> Ensure the qualification of assignees. Once a lease is 
awarded, the transfer of a lessee's interest to another qualified party 
must be approved by an MMS regional director.
    <bullet> Obtain information and nominations on oil and gas leasing, 
exploration, and development and production. Early planning and 
consultation ensure that all interests and concerns are communicated to 
us for future decisions in the leasing process.
    <bullet> Document that a leasehold or geographical subdivision has 
been surrendered by the record title holder.
    <bullet> Verify that lessee's have adequate bonding coverage. 
Respondents must submit their bonds certification forms: Form MMS-2028, 
Outer Continental Shelf Mineral Lessee's and Operator's Bond and Act of 
Suretyship,'' and Form MMS-2028A, ``Outer Continental Shelf Mineral 
Lessee's and Operator's Supplemental Plugging & Abandonment Bond and 
Act of Suretyship.'' We use these documents to hold the surety libel 
for the obligations and liability of the principal/lessee or operator.
    With respect to the forms MMS-2028 and MMS-2028A, the currently 
approved forms are not written in ``plain language.'' In keeping with 
the current policy, MMS is revising these forms in plain language and 
the revised forms are undergoing legal and management review. The 
revised forms will not contain any new data elements requesting 
information from respondents. In the interim, as part of our ICR on 30 
CFR part 256, we are asking OMB to renew the current version of the 
forms, but intend to supersede them with the plain language forms upon 
legal and management approval of the revised wording.
    Frequency: The frequency of reporting is ``on occasion.''
    Estimated number and description of respondents: Approximately 130 
Federal OCS oil and gas or sulphur lessees, as well as the affected 
states and local governments.
    Estimated annual reporting and recordkeeping ``hour'' burden: The 
estimated ``hour'' burden for this information collection is a total of 
16,329 hours. The following chart provides a breakdown of the 
requirements and burden hours.

                                                                    Burden Breakdown
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                                                                                             Burden       Annual
    Citation 30 CFR part 256        Reporting requirement           Annual number         hour(s) per     burden           Annual hour burden cost
                                                                                            response      hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subparts A, C, E, H, L, M.......  None....................               Not applicable.                         0  0
Subparts G, H, I, J: 256.37,      Request approval for         Burden included with other approved               0  0
 256.53, 256.68, 256.70, 256.71,   various operations or          collections in 30 CFR part 250.
 256.72, 256.73.                   submit plans or
                                   applications.
Subpart B: 256.16, 256.17,        Submit response to        5 responses.................            4           20  @ $50 = $1,000
 250.20. Subpart D: All sections.  request/call for
                                   information, comments,
                                   and interest in areas
                                   for mineral leasing,
                                   including information
                                   from States/local
                                   governments.
Subpart F: 256.31...............  States or local           10 responses................            4           40  @ $50 = $2,000
                                   governments submit
                                   recommendations on
                                   size, timing or
                                   location of proposed
                                   lease sale.
Subpart G:
    256.35, 256.46(d), (e)......  Establish a Company File  100 responses...............            2          200  @ $100 = $20,000
                                   for pre-qualification
                                   purposes; submit
                                   updated information.
    256.41, 256.43, 256.46(g)...  Submit qualification of   200 responses...............       4\1/2\          900  @ $50 = $45,000
                                   bidders for joint bids
                                   and statement or report
                                   of production.
    256.45, 256.46..............  Submit bids and required  2,000 bids..................            5       10,000  @ $100 = $1,000,000
                                   information.
    256.47(c)...................  File agreement to accept  2 agreements................       3\1/2\            7  @ $50 = $350
                                   joint lease on tie bids.
    256.47(e)(1), (e)(3)........  Request for                Exempt as defined in 5 CFR 1320.3(h)(9).            0  0
                                   reconsideration of bid
                                   rejection.
    256.47(f), 256.50...........  Execute lease (includes   630 leases..................            1          630  @ $100 = $63,000
                                   submission of evidence
                                   of authorized agent and
                                   request for dating of
                                   leases).
Subpart I:
    256.54......................  OCS Lessee's and          205 forms...................        \1/4\          *51  @ $100 = $5,100
                                   Operator's Bond and Act
                                   of Suretyship (form MMS-
                                   2028).
    256.54......................  OCS Lessee's and          130 forms...................        \1/4\          *33  @ $100 = $3,300
                                   Operator's Supplemental
                                   Plugging & Abandonment
                                   Bond and Act of
                                   Suretyship (form MMS-
                                   2028A).
    256.52(f)(2), (g)(2)........  Submit authority for      5 submissions...............            2           10  @ $100 = $1,000
                                   Regional Director to
                                   sell Treasury or
                                   alternate type of
                                   securities.

[[Page 9356]]

 
    256.53(c), (d), (f);          Demonstrate ability to    162 submissions.............       2\1/2\          405  @ $100 = $40,500
     256.54(d)(3).                 carry out present and
                                   future financial
                                   obligations, request
                                   approval of another
                                   form of security, or
                                   request reduction in
                                   amount of supplemental
                                   bond required.
    256.55(b)...................  Notify MMS of action      2 notices...................        \1/2\            1  @ $100 = $100
                                   filed alleging lessee,
                                   surety, or guarantor
                                   are insolvent or
                                   bankrupt.
    256.56......................  Provide plan to fund      4 submissions...............           11           44  @ $50 = $2,200
                                   lease-specific
                                   abandonment account and
                                   related information;
                                   request approval to
                                   withdraw funds.
    256.57......................  Provide third-party       12 submissions..............      16\1/2\          198  @ $50 = $9,900
                                   guarantee, indemnity
                                   agreement, related
                                   notices, and annual
                                   update.
    256.57(d)(3), 256.58........  Notice of and request     280 requests................        \1/2\          140  @ $50 = $7,000
                                   approval to terminate
                                   period of liability,
                                   cancel bond, or other
                                   security.
    256.59(c)(2)................  Provide information to    3 responses.................           14           42  @ $50 = $2,100
                                   demonstrate lease will
                                   be brought into
                                   compliance.
Subpart J:
    256.62, 256.64, 256.65,       File application for      1,845 applications..........            1        1,845  @ $50 = $92,250
     256.67.                       assignment or transfer
                                   for approval.
    256.64(a)(7)................  File required             2,915 filings...............        \1/2\       *1,458  @ $50 = $72,900
                                   instruments creating or
                                   transferring working
                                   interests, etc., for
                                   record purposes.
    256.64(a)(8)................  Submit non-required           Accepted on behalf of lessees as a               0  0
                                   documents for record        service, but MMS does not require nor
                                   purposes which                        need the filings.
                                   respondents want MMS to
                                   file with the lease
                                   document.
Subpart K: 256.76...............  File written request for  305 relinquishments.........            1          305  @ $50 = $15,250
                                   relinquishment.
    Total Reporting.............  8,815 Responses.........  16,329......................  $1,382,950
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Rounded.

    Estimated Annual Reporting and Recordkeeping ``Non-Hour Cost'' 
Burden: The estimated ``non-hour cost'' burden for this information 
collection is a total of $414,450. This cost burden is for filing fees 
associated with submitting requests for approval of instruments of 
transfer ($185 per application) or to file non-required documents for 
record purposes ($25 per filing) according to Sec. 256.64(a)(8).
    Comments: The PRA (44 U.S.C. 3501, et seq.) provides that an agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number. Section 3506(c)(2)(A) of the PRA 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.
    To comply with the public consultation process, on October 11, 
2000, we published a Federal Register notice (65 FR 60449) with the 
required 60-day comment period announcing that we would submit this ICR 
to OMB for approval. In addition, Sec. 256.0 and the PRA statement on 
the MMS forms display the OMB control number, specify that the public 
may comment at anytime on the collection of information required in the 
30 CFR part 256 regulations and forms, and provide the address to which 
they should send comments. We have received no comments in response to 
those efforts. We also consulted with several respondents and adjusted 
some of the information collection burdens as a result of those 
consultations.
    If you wish to comment in response to this notice, send your 
comments directly 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 
March 9, 2001.
    MMS Information Collection Clearance Officer: Jo Ann Lauterbach, 
(202) 208-7744.

    Dated: January 23, 2001.
E.P. Danenberger,
Chief, Engineering and Operations Division.
[FR Doc. 01-3201 Filed 2-6-01; 8:45 am]
BILLING CODE 4310-MR-P