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MMS Information Collection Activity: 1010-0151 (30 CFR 250, Subpart B) Plans and Information, Extension of a Collection; Comment Request
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64238-64240]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no07-88]
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DEPARTMENT OF THE INTERIOR
[Docket No. MMS-2007-OMM-0063]
Minerals Management Service
MMS Information Collection Activity: 1010-0151 (30 CFR 250, Subpart B)
Plans and Information, Extension of a Collection; Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of extension of an information collection (1010-0151).
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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 B, Plans and
Information.
DATE: Submit written comments by January 14, 2008.
ADDRESSES: You may submit comments by any either of the following
methods listed below.
• Electronically: go to http://www.regulations.gov, select
``Minerals Management Service'' from the agency drop-down menu, then
click ``submit.'' In the Docket ID column, select MMS-2007-OMM-0063 to
submit public comments and to view supporting and related materials
available. 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. All comments submitted will be published and posted
to the docket after the closing period.
• 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 1010-0151'' in your comments.
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.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 250, Subpart B, Plans and Information.
Form(s): MMS-137, MMS-138, MMS-139, MMS-141, and MMS-142.
OMB Control Number: 1010-0151.
Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended
(43 U.S.C. 1331 et seq., 31 U.S.C. 9701), authorizes the Secretary of
the Interior 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. Sections 11 and 25 of the amended OCS Lands Act require
the holders of OCS oil and gas or sulphur leases to submit exploration
plans (EPs) or development and production plans (DPPs) to the Secretary
for approval prior to commencing these activities. As a Federal agency,
we have a continuing affirmative duty to comply with the Endangered
Species Act (ESA). This includes a substantive duty to carry out any
agency action in a manner that is not likely to jeopardize protected
species as well as a procedural duty to consult with the Fish and
Wildlife Service (FWS) and National Oceanic and Atmospheric
Administration Fisheries (NOAA Fisheries) before engaging in a
discretionary action that may affect a protected species.
To provide supplementary guidance and procedures, MMS issues
Notices to Lessees and Operators (NTLs) on a regional or national
basis. Regulation 30 CFR 250.103 allows MMS to issue NTLs to clarify,
supplement, or provide more detail about certain requirements.
Regulations at 30 CFR part 250 Subpart B, implement these statutory
requirements. The MMS engineers, geologists, geophysicists,
environmental scientists, and other Federal agencies analyze and
evaluate the information and data collected under subpart B to ensure
that planned operations are safe; will not adversely affect the marine,
coastal, or human environment; and will conserve the resources of the
OCS. We use the information to: (a) Report annually to NOAA Fisheries
the effectiveness of mitigation, any adverse effects of the proposed
action, and any incidental take, in accordance with 50 CFR
402.14(i)(3), and (b) allow the Regional Supervisor to make an informed
decision on whether to approve the proposed exploration or development
and production plans as submitted, or whether modifications are
necessary without the analysis and evaluation of the required
information. The affected States also review the information collected
for consistency with approved Coastal Zone Management (CZM) plans.
Specifically, MMS uses the information to evaluate, analyze,
determine, or ensure that:
• Ancillary activities comply with appropriate laws or
regulations and are conducted safely, protect the environment, and do
not interfere or conflict with the other uses of the OCS (i.e.,
military use, subsistence activity).
• Points of contact and responsible parties are designated
for proposed activities.
• Surveying, monitoring, or other activities do not
interfere or conflict with preexisting and other uses of the area.
• Plans or actions meet or implement lease stipulation requirements.
• Proposed exploration, drilling, production, and pipeline
activities are conducted in a safe and acceptable manner for the
location and water depth proposed and conserve reservoir energy to
allow enhanced recovery operations in later stages of lease development.
• Unnecessary or incompatible facilities are not installed on the OCS.
• Shallow drilling hazards (such as shallow gas
accumulations or mudslide areas) are avoided.
• Areas are properly classified for H2S, and
appropriate procedures are in place.
• Appropriate oil spill planning measures and procedures are
implemented.
• Expected meteorological conditions at the activity site
are accommodated.
• Environmentally sensitive areas are identified, and the
direct and cumulative effects of the activities are minimized.
• Offshore and onshore air quality is not significantly
affected by the proposed activities.
• Waste disposal methods and pollution mitigation techniques
are appropriate for local conditions.
• State CZM requirements have been met.
• Archaeological or cultural resources are identified and
protected from unreasonable disturbances.
• Socioeconomic effects of the proposed project on the local
community and associated services have been determined.
• Support infrastructures and associated traffic are
adequately covered in plans.
The following forms used in the Gulf of Mexico Region (GOMR) are
also submitted to MMS. The OMB approved these forms as part of the
information collection for the current subpart B regulations.
[[Page 64239]]
• Form MMS-137 (Plan Information Form) is submitted to
summarize plan information.
• Forms MMS-138 (GOM Air Emission Calculations for
Exploration Plans) and MMS-139 (GOM Air Emission Calculations for
Development Operations Coordination Documents (DOCDs)) are submitted to
standardize the way potential air emissions are estimated and approved
as part of the OCS plan.
• MMS-141 (ROV Survey Report) is submitted to report the
observations and information recorded from 2 sets of ROV monitoring
surveys to identify high-density biological communities that may occur
on the seafloor in deep water.
• MMS-142 (Environmental Impact Analysis Worksheet) is a
fill in the blank form that is submitted to identify the environmental
impact-producing factors (IPFs) for the listed environmental resources.
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 oil and gas lessees and operators.
Estimated Reporting and Recordkeeping ``Hour'' Burden: The
currently approved annual reporting burden for this collection is
321,817 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 250 subpart B and Reporting & recordkeeping requirement ------------------------
NTLs Non-hour cost burden
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200 thru 206......................... General requirements for plans and information.. Burden with specific
requirements below.
208.................................. Notify MMS and other users of the OCS before 10
conducting ancillary activities.
210(a)............................... Submit report summarizing & analyzing data/ 1
information obtained or derived from ancillary
activities.
210(b)............................... Retain ancillary activities data/information.... 2
211 thru 228......................... Submit EP and accompanying information 640 $3,250 ea EP
(including forms MMS-137, MMS 138, MMS-142 used surface location*
in GOMR) and provide notifications.
211 thru 228; 241 thru 262; NTLs..... Submit to MMS observer training requirement 1/2 hour.
materials and information.
Training certification and recordkeeping........ 1/2 hour.
If used, submit to MMS information on any 1 hour.
passive acoustic monitoring system prior to
placing it in service.
Submit to MMS marine mammal observation 345 hours**.
report(s). (This includes observer duty and
training and are the occasional activities done
in-house and not subcontracted out.)
Observer training............................... $37.50 per hour.
Observation Report/Form......................... $52 per hour.
Observation Duty................................ $52 per hour.
211 thru 228: 241 thru 262; NTLs..... Submit injured/dead protected species report.... 1/2 hour.
211 thru 228; 241 thru 262; NTLs..... Submit request for training video............... 1/2 hour.
Submit annual report to MMS on training process 1/2 hour.
and certification.
Training recordkeeping.......................... 1/2 hour.
Post placards on vessels and structures. (Exempt 0
from information collection burden because MMS
is providing exact language for the trash and
debris warning, similar to the ``Surgeon
General's Warning'' exemption.).
231(b); 232(d); 234; 235(a); Submit amended, modified, revised, or 120
281(d)(3); 283; 284; 285; 209. supplemental EP, or resubmit disapproved EP.
235(b); 272(b); 281(d)(3)(ii)........ Appeal State's objection........................ Burden exempt as
defined in 5 CFR
1320.4(a)(2), (c).
241 thru 262; 209.................... Submit DPP or DOCD and accompanying information 690 $3,750 ea DPP/ DOCD
(including forms MMS-137, MMS 139, MMS-NEW used well*.
in GOMR) and provide notifications.
266(b); 267(d); 272(a); 273, 283; Submit amended, modified, revised, or GOM-95 POCS-600.
284; 285; 209. supplemental DPP or DOCD, or resubmit
disapproved DPP or DOCD.
269(b)............................... Submit information on preliminary plans for 2
leases or units in vicinity of proposed
development and production activities.
281(a)............................... Submit various applications. Burdens included 0
under appropriate subpart or form (1010-0050;
1010-0059; 1010-0141; 1010-0149).
282.................................. Retain monitoring data/information.............. 2
Submit monitoring plans......................... 1
282(b)............................... Submit monitoring reports and data (including 2
form MMS-141 used in GOMR).
287 thru 295......................... Submit DWOP..................................... 750 $3,150 ea DWOP.
296 thru 298......................... Submit CID...................................... 443 $24,200 ea CID
200 thru 299......................... General departure and alternative compliance 2
requests not specifically covered elsewhere in
subpart B regulations.
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*You may have multiple locations and/or wells for each EP, EPP, or DOCD.
** Hours are based on 14 days of observing, attending a training session, and writing report(s).
[[Page 64240]]
Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We
have identified seven non-hour costs associated with this information
collection. Four of these non-hour cost burdens are cost recovery fees.
They consist of fees being submitted with EP's, DPP's or DOCD's,
DWOP's, and CID's. There are also three non-hour cost burdens that are
associated with the Protected Species Observer Program. The costs
associated with this program are due to activities that are, for the
most part, subcontracted to other service companies with expertise in
these areas. To allow for the potential in-house reporting by lessees/
operators, we have retained a minimal hour burden in the table.
We estimate that the annual non-hour cost burden is $8,906,784. We
have not identified any other ``non-hour cost'' burdens associated with
this 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: 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, email 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: October 15, 2007.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E7-22300 Filed 11-14-07; 8:45 am]
BILLING CODE 4310-MR-P