[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13563-13568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6106]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket no. MMS-2010-OMM-0008]
MMS Information Collection Activity: 1010-0114, Subpart A--
General, Revision of a Collection; Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of revision of an information collection (1010-0114).
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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 concerns the paperwork requirements
in the regulations under 30 CFR 250, subpart A, ``General.''
DATES: Submit written comments by May 21, 2010.
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.
ADDRESSES: You may submit comments by either of the following methods
listed below.
Electronically: go to http://www.regulations.gov. In the
entry titled ``Enter Keyword or ID,'' enter docket ID MMS-2010-OMM-0008
then click search. Follow the instructions to submit public comments
and view supporting and related materials. The MMS will post all
comments.
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 1010-0114 in your comment and include your name
and return address.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 250, subpart A, General.
Form(s): MMS-132, MMS-143, MMS-1123, and MMS-1832.
OMB Control Number: 1010-0114.
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 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 in 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. Section 1332(6) states that
``operations in the [O]uter Continental Shelf should be conducted in a
safe manner by well trained personnel using technology, precautions,
and other techniques sufficient to prevent or minimize the likelihood
of blowouts, loss of well control, fires, spillages, physical
obstructions to other users of the waters or subsoil and seabed, or
other occurrences which may cause damage to the environment or to
property or endanger life or health.''
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 fees 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.
This information collection request covers 30 CFR 250, Subpart A,
General. This request also covers the related Notices to Lessees and
Operators (NTLs) that MMS issues to clarify and provide additional
guidance on some aspects of our regulations.
Requests for MMS approval may contain proprietary information
related
[[Page 13564]]
to performance standards or alternative approaches to conducting
operations different from those approved and specified in MMS
regulations. We will protect this proprietary information according to
the Freedom of Information Act (5 U.S.C. 552), its implementing
regulations (43 CFR 2), 30 CFR 252, and 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.
The MMS uses the information collected under the Subpart A
regulations to ensure that operations in the OCS are carried out in a
safe and pollution-free manner, do not interfere with the rights of
other users in the OCS, and balance the protection and development of
OCS resources. Specifically, we use the information collected to:
Review records of formal crane operator training, rigger
training, crane operator qualifications, crane inspections, testing,
and maintenance to ensure that lessees perform operations in a safe and
workmanlike manner and that equipment is maintained in a safe
condition. The MMS also uses the information to make certain that all
new and existing cranes installed on OCS fixed platforms must be
equipped with anti-two block safety devices, and to assure that uniform
methods are employed by lessees for load testing of cranes.
Review welding, burning, and hot tapping plans,
procedures, and records to ensure that these activities are conducted
in a safe and workmanlike manner by trained and experienced personnel.
Provide lessees greater flexibility to comply with
regulatory requirements through approval of alternative equipment or
procedures and departures to regulations if they demonstrate equal or
better compliance with the appropriate performance standards.
Determine the capability of a well to produce oil or gas
in paying quantities or to determine the possible need for additional
wells resulting in minimum royalty status on a lease. If a well does
not yield hydrocarbons in sufficient quantity to warrant continued
operation and production, MMS uses the information to verify the claim
and to release the lessee from lease obligations. Conversely, the
information is used to extend the term of the lease if additional wells
will warrant continued operation and production.
Ensure that injection of gas promotes conservation of
natural resources, prevents waste, and that subsurface storage of
natural gas does not unduly interfere with development and production
operations under existing leases.
Ensure the appropriateness of reimbursing lessees for
costs incurred in reproducing geological and geophysical (G&G) data and
information for submission to MMS and processing or reprocessing G&G
information in a form and manner other than that normally used in the
conduct of a lessee's business, or to determine the proper
reimbursement of costs incurred during inspections.
Record the designation of an operator authorized to act on
behalf of the lessee and to fulfill the lessee's obligations under the
OCS Lands Act and implementing regulations, or to record the local
agent empowered to receive notices and comply with regulatory orders
issued (Form MMS-1123).
Determine if an application for right-of-use and easement
serves the purpose specified in the grant when conducting exploration,
development, and production activities or other operations on or off
the lease; is maintained for such purposes; and does not unreasonably
interfere with the operations of any other lessee.
Provide for orderly development of leases through the use
of information to determine the appropriateness of lessee requests for
suspension of operations, including production. For example, MMS needs
the information to determine that a suspension is necessary to: (1)
Ensure proper lease development, (2) allow time to construct or
negotiate use of transportation facilities, (3) allow reasonable time
to enter into a sales contract, (4) allow for unavoidable situations,
(5) avoid continued operations resulting in premature abandonment of a
producing well(s) that would be uneconomic, (6) comply with the
National Environmental Policy Act or to conduct an environmental
analysis, (7) install equipment for safety and environmental
protection, (8) allow time for inordinate delays encountered in
obtaining required permits or consents, (9) comply with judicial
decrees, or (10) avoid activities that pose a threat of serious,
irreparable, or immediate harm.
Improve safety and environmental protection in the OCS
through collection and analysis of accident reports to ascertain the
cause of the accidents and to determine ways to prevent recurrences.
Ascertain when the lease ceases production or when the
last well ceases production in order to determine the 180th day after
the date of completion of the last production. This includes reporting
when lease production is initiated, resumes before the end of the 180-
day period after production ceased, and when lease holding operations
occur during the referenced 180-day interval. The MMS will use this
information to efficiently maintain the lessee/operator lease status.
Approve requests to cancel leases.
Be informed when there could be a major disruption in the
availability and supply of natural gas and oil due to natural
occurrences/hurricanes, to advise the U.S. Coast Guard (USCG) in case
of the need to rescue offshore workers in distress, to monitor damage
to offshore platforms and drilling rigs, and to advise the news media
and interested public entities when production is shut in and when
resumed. The OCS operations produce more than one-quarter of the
Nation's natural gas and more than one-sixth of its oil, and it is
essential to know when production is interrupted. The Gulf of Mexico
Region (GOMR) uses a reporting form for respondents to report
evacuation statistics when necessary (Form MMS-132, Evacuation
Statistics). It is sent to respondents at the onset of each ``hurricane
season'' in the GOMR.
Form MMS-143, Facility/Equipment Damage Report, assists
lessees, lease operators, and pipeline right-of-way holders when
reporting damage by a hurricane, earthquake, or other natural
phenomenon. They are required to submit an initial damage report to the
Regional Supervisor within 48 hours after completing the initial
evaluation of the damage and then subsequent reports, monthly and
immediately, whenever information previously submitted changes until
the damaged structure or equipment is returned to service.
Allow operators who exhibit unacceptable performance an
incremental approach to improving their overall performance prior to a
final decision to disqualify an operator or to pursue debarment
proceedings through the execution of a performance improvement plan
(PIP). The Subpart A regulations do not address the actual process that
we will follow in pursuing the disqualification of operators under
Sec. Sec. 250.135 and 250.136. However, our internal enforcement
procedures include allowing such operators to demonstrate a commitment
to acceptable performance by the submission of a PIP.
Determine that respondents have corrected all Incidents of
Non-Compliance (INC)(s) identified during inspections (Form MMS-1832).
The MMS issues this form to the operator.
[[Page 13565]]
The operator then corrects the INC(s) and returns the form to the MMS
Regional Supervisor no later than 14 days.
Review records of crane inspection, testing, maintenance,
and crane operator qualifications to ensure that lessees perform
operations in a safe and workmanlike manner and maintain equipment in a
safe condition.
Frequency: Primarily on occasion; monthly; form MMS-132, Evacuation
Statistics submitted daily during the emergency situation.
Description of Respondents: Federal, State, oil, gas, or sulphur
lessees and/or operators.
Estimated Reporting and Recordkeeping Hour Burden: The currently
approved annual reporting burden for this collection is 36,739 hours.
The following chart details the individual components and respective
hour burden estimates of this information collection request. 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
Citation 30 CFR 250 Subpart A Reporting or -----------------
and related forms/NTLs recordkeeping Non-hour cost
requirement burdens
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Authority and Definition of Terms
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104; 181; Form MMS-1832....... Appeal orders or Exempt under 5
decisions; appeal CFR
INCs; request hearing 1320.4(a)(2),
due to cancellation (c).
of lease.
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Performance Standards
------------------------------------------------------------------------
109(a); 110................... Submit welding, 2
burning, and hot
tapping plans.
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115; 116...................... Request determination 5
of well
producibility; make
available or submit
data & information;
notify MMS of test.
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118; 119; 121; 124............ Apply for injection or 10
subsurface storage of
gas; sign storage
agreement.
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Cost Recovery Fees
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125; 126...................... Cost Recovery/Service 0
Fees; confirmation
receipt etc., verbal
approvals pertaining
to fees (these
requirements and
associated items are
covered individually
throughout this
subpart).
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Forms
------------------------------------------------------------------------
130-133; Form MMS-1832........ Submit ``green'' 2
response copy of Form
MMS-1832 indicating
date violations
(INCs) corrected.
------------------------------------------------------------------------
143........................... Report change of 0
address; submit
designation of local
agent (requirements
not considered IC
under 5 CFR
1320.3(h)(1).
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143; 144; 145; Form MMS-1123.. Submit designation of 1
operator (Form MMS- $164 per
1123-15 mins. only); application.
notice of
termination; include
pay.gov confirmation
receipt.
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192; Form MMS-132............. Daily report of 1
evacuation statistics
for natural
occurrence/hurricane
(Form MMS-132 in the
GOMR) when
circumstances
warrant; inform MMS
when you resume
production.
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192(b)........................ Use Form MMS-143 to 4
submit an initial
damage report to the
Regional Supervisor.
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192(b)........................ Use Form MMS-143 to 1
submit subsequent
damage reports on a
monthly basis until
damaged structure or
equipment is returned
to service;
immediately when
information changes;
date item returned to
service must be in
final report.
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Inspection of Operations
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130-133....................... Request 2
reconsideration from
issuance of an INC.
------------------------------------------------------------------------
Request waiver of 14- 1
day response time.
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Notify MMS before .5
returning to
operations if shut-
in..
------------------------------------------------------------------------
133........................... Request reimbursement 2
for food, quarters,
and transportation
provided to MMS
representatives (OCS
Lands Act specifies
reimbursement; no
requests received in
many years; minimal
burden).
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[[Page 13566]]
Disqualification
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135 MMS internal process...... Submit PIP under MMS 40
implementing
procedures for
enforcement actions.
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Special Types of Approval
------------------------------------------------------------------------
140........................... Request various oral 1
approvals not
specifically covered
elsewhere in
regulatory
requirements.
------------------------------------------------------------------------
140(c)........................ Submit letter when Burden covered
stopping approved under 1010-
flaring with required 0041.
information.
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141; 198...................... Request approval to 20
use new or
alternative
procedures, including
BAST not specifically
covered elsewhere in
regulatory
requirements.
------------------------------------------------------------------------
142; 198...................... Request approval of 3
departure from
operating
requirements not
specifically covered
elsewhere in
regulatory
requirements.
------------------------------------------------------------------------
Naming and Identifying Facilities and Wells (Does Not Include MODUs)
------------------------------------------------------------------------
150; 151; 152; 154(a)......... Name and identify 2
facilities,
artificial islands,
MODUs, helo landing
facilities etc., with
signs.
------------------------------------------------------------------------
150; 154(b)................... Name and identify 1
wells with signs.
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Right-of-use and Easement
------------------------------------------------------------------------
160; 161; 123................. OCS lessees: Apply for 10
new or modified right-
of-use and easement
to construct and
maintain off-lease
platforms, artificial
islands, and
installations and
other devices;
including
notifications.
------------------------------------------------------------------------
160(c)........................ Establish a Company Burden covered
File for under 1010-
qualification; submit 0006.
updated information,
submit qualifications
for lessee/bidder,
request exception.
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165; 123...................... State lessees: Apply 5
for new or modified $2,569 per state
right-of-use and lease.
easement to construct
and maintain off-
lease platforms,
artificial islands,
and installations and
other devices;
include pay.gov
confirmation.
------------------------------------------------------------------------
166........................... State lessees: Furnish Burden covered
surety bond; under 1010-
additional security 0006.
if required.
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Suspensions
------------------------------------------------------------------------
168; 170; 171; 172; 174; 175; Request suspension of 10
177; 180(b), (d). operations or $1,968 per
production; submit request.
schedule of work
leading to
commencement.
------------------------------------------------------------------------
Submit progress 3
reports on SOO or SOP
as condition of
approval.
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172(b); 177(a)................ Conduct site-specific 100
study; submit
results. No instances
requiring this study
in several years--
could be necessary if
a situation occurred
such as severe damage
to a platform or
structure caused by a
hurricane or a vessel
collision.
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177(b), (c), (d); 182; 183, Various references to Burden covered
185; 194. submitting new, under 1010-
revised, or modified 0151.
exploration plan,
development/
production plan, or
development
operations
coordination
document, and related
surveys/reports.
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Primary Lease Requirements, Lease Term Extensions, and Lease
Cancellations
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180(a), (f), (g), (h), (i), Notify and submit 2
(j). report on various
lease holding
operations and lease
production activities.
------------------------------------------------------------------------
180(a), (b), (c).............. When requested, submit 6
production data to
demonstrate
production in paying
quantities to
maintain lease beyond
primary term.
------------------------------------------------------------------------
180(e)........................ Request more than 180 5
days to resume
operations.
------------------------------------------------------------------------
181(d); 182(b), 183(b)(2)..... Request termination of 20
suspension and
cancellation of lease
(no requests in
recent years for
termination/
cancellation of a
lease; minimal
burden).
------------------------------------------------------------------------
[[Page 13567]]
184........................... Request compensation 50
for lease
cancellation mandated
by the OCS Lands Act
(no qualified lease
cancellations in many
years; minimal burden
compared to benefit).
------------------------------------------------------------------------
Information and Reporting Requirements
------------------------------------------------------------------------
186........................... Submit information and 10
reports as MMS
requires.
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187; 188(a); 189; 190(c)...... Report to the District Oral .5.
Manager immediately Written 4.
via oral
communication and
written follow-up
within 15 calendar
days, incidents
pertaining to:
Fatalities; injuries;
LoWC; fires;
explosions; all
collisions resulting
in property or
equipment damage
>$25K; structural
damage to an OCS
facility; cranes;
incidents that damage
or disable safety
systems or equipment
(including
firefighting
systems). If
requested, submit
copy marked as public
information.
------------------------------------------------------------------------
187(d)........................ Report all spills of Burden covered
oil or other liquid under 1010-
pollutants. 0091.
------------------------------------------------------------------------
188(a)(5)..................... Report to District Burden covered
Manager hydrogen under 1010-
sulfide (H2S) gas 0141.
releases immediately
by oral communication.
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188(b); 190(a), (b)........... Provide written report 4
to the District
Manager within 15
calendar days after
incidents relating
to: Injuries that
result in 1 or more
days away from work,
on restricted work,
or job transfer; gas
releases that
initiate equipment or
process shutdown;
property or equipment
damage >$25K;
operations personnel
to muster for
evacuation not
related to weather or
drills; any
additional
information required.
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191........................... Submit written Exempt under 5
statement/Request CFR
compensation mileage 1320.4(a)(2),
+ services for (c).
testimony re:
Accident
investigation.
------------------------------------------------------------------------
193........................... Report apparent 1.5
violations or non-
compliance.
------------------------------------------------------------------------
194 NTL exception requests.... Request departures 1
from conducting
archaeological
resources surveys and/
or submitting reports
in GOMR.
------------------------------------------------------------------------
194(c)........................ Report archaeological 10
discoveries (only one
instance in many
years; minimal
burden).
------------------------------------------------------------------------
195........................... Notify District 1
Manager within 5
workdays of putting
well in production
status (usually
oral). Follow-up with
either fax/email
within same 5 day
period (burden
includes oral and
written).
------------------------------------------------------------------------
196........................... Submit data/ Burden covered
information for post- under 1010-
lease G&G activity 0048.
and request
reimbursement.
------------------------------------------------------------------------
197(c)........................ Submit confidentiality 1
agreement.
------------------------------------------------------------------------
101-199....................... General departure or 2
alternative
compliance requests
not specifically
covered elsewhere in
Subpart A.
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Recordkeeping
------------------------------------------------------------------------
108(e)........................ Retain records of 2
design and
construction for life
of crane, including
installation records
for any anti-two
block safety devices;
all inspection,
testing, and
maintenance for at
least 4 years; crane
operator and all
rigger personnel
qualifications for at
least 4 years.
------------------------------------------------------------------------
109(b); 113(c)................ Retain welding, .5
burning, and hot
tapping plan for the
life of the facility;
keep plan and
drawings of safe-
welding areas at
site; designated
person advises in
writing that it is
safe to weld.
------------------------------------------------------------------------
132(b)(3)..................... During inspections 2
make records
available as
requested by
inspectors.
------------------------------------------------------------------------
Estimated Reporting and Recordkeeping Non-Hour Cost Burden: The
currently approved non-hour cost burden for this collection is
$810,200. We have identified three non-hour cost burdens. Section
250.143 requires a fee for a change in designation of operator. Section
250.165 requires a State lessee applying for a right-of use and
easement in the OCS to pay a cost recovery application fee. This cost
is the same as the fee for a pipeline right-of-way grant specified in
30 CFR 250.1015 and is subject to change based on that regulation. We
estimate receiving only
[[Page 13568]]
one State lease application per year. Section 250.171 requests a fee
for either a Suspension of Operations or Production Request (SOO/SOP).
We have not identified any other non-hour paperwork 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 paperwork 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 cannot
guarantee that we will be able to do so.
MMS Information Collection Clearance Officer: Arlene Bajusz (202)
208-7744.
Dated: March 10, 2010.
Sharon Buffington,
Acting Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2010-6106 Filed 3-19-10; 8:45 am]
BILLING CODE 4310-MR-P