Federal Register: November 18, 2002 (Volume 67, Number 222)

DOCID: FR Doc 02-29157

DEPARTMENT OF THE INTERIOR

Minerals Management Service

NOTICE: NOTICES

ACTION: Agency information collection activities:

DOCUMENT ACTION: Notice of extension of an information collection (1010-0072).

SUBJECT CATEGORY:

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

DATES: Submit written comments by December 18, 2002.

DOCUMENT 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 280, ``Prospecting for Minerals other than Oil, Gas, and Sulphur on the Outer Continental Shelf,'' and related documents. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

SUMMARY:

Submission for OMB review; comment request,

SUPPLEMENTAL INFORMATION

Title: 30 CFR part 280, Prospecting for Minerals other than Oil, Gas, and Sulphur on the Outer Continental Shelf.

OMB Control Number: 10100072.

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. Section 1337(k) of the OCS Lands Act authorizes the Secretary ``* * * to grant to the qualified persons offering the highest cash bonuses on a basis of competitive bidding leases of any mineral other than oil, gas, and sulphur in any area of the outer Continental Shelf not then under lease for such mineral upon such royalty, rental, and other terms and conditions as the Secretary may prescribe at the time of offering the area for lease.'' An amendment to the OCS Lands Act (Pub. L. 103426) authorizes the Secretary to negotiate agreements (in lieu of the previously required competitive bidding process) for the use of OCS sand, gravel, and shell resources for certain specified types of public uses. The specified uses will support construction of governmental projects for beach nourishment, shore protection, and wetlands enhancement; or any project authorized by the Federal Government.

Section 1340 states that ``* * * any person authorized by the Secretary may conduct geological and geophysical explorations in the [O]uter Continental Shelf, which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this Act, and which are not unduly harmful to aquatic life in such area.'' The section further requires that permits to conduct such activities may only be issued if it is determined that: the applicant is qualified; the activities are not polluting, hazardous, or unsafe; they do not interfere with other users of the area; and do not disturb a site, structure, or object of historical or archaeological significance.

Section 1352 further requires that certain costs be reimbursed to the parties submitting required G&G information and data. Under the Act, permittees are to be reimbursed for the costs of reproducing any G&G data required to be submitted. Permittees are to be reimbursed also for the reasonable cost of processing geophysical information required to be submitted when processing is in a form or manner required by the Director and is not used in the normal conduct of the business of the permittee.

Regulations implementing these responsibilities are under 30 CFR part 280. On July 17, 2002, MMS published final regulations (67 FR 46855) with an effective date of August 16, 2002. Responses are mandatory or required to obtain or retain a benefit. No questions of a ``sensitive'' nature are asked. The MMS protects information considered proprietary according to 30 CFR 280.70 and applicable sections of 30 CFR parts 250 and 252, and the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2).

MMS OCS Regions collect information required under part 280 to ensure there is no environmental degradation, personal harm or unsafe operations and conditions, damage to historical or archaeological sites, or interference with other uses; to analyze and evaluate preliminary or planned drilling activities; to monitor progress and activities in the OCS; to acquire G&G data and information collected under a Federal permit offshore; and to determine eligibility for reimbursement from the Government for certain costs. Respondents are required to submit form MMS134 to provide the information necessary to evaluate their qualifications. The information is necessary for MMS to determine if the applicants for permits or filers of notices meet the qualifications specified by the Act. The MMS uses the information collected to understand the G&G characteristics of hard mineralbearing physiographic regions of the OCS. It aids MMS in obtaining a proper balance among the potentials for environmental damage, the discovery of hard minerals, and adverse impacts on affected coastal States. Information from permittees is necessary to determine the propriety and amount of reimbursement.

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Frequency: On occasion, annual; and as required in the permit.

Estimated Number and Description of Respondents: Approximately 1 permittee, 1 notice filer, and 1 adjacent State.

Estimated Reporting and Recordkeeping ``Hour'' Burden: The estimated annual ``hour'' burden for this information collection is a total of 108 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.
Annual Citation 30 CFR part 280 Reporting and Hour Average number annual responses burden recordkeeping requirement burden hours 10; 11(a); 12; 13; Permit Forms.............................. Apply for permit (form MMS 8 1 permit............................. 8 134) to conduct prospecting or G&G scientific research activities, including prospecting/scientific research plan and environmental assessment or required drilling plan. 11(b); 12(c)................................................. File notice to conduct 8 1 notice............................. 8 scientific research activities related to hard minerals, including notice to MMS prior to beginning and after concluding activities. 21(a)........................................................ Report to MMS if 1 1 report............................. 1 hydrocarbon/other mineral occurrences or environmental hazards are detected or adverse effects occur. 22........................................................... Request approval to modify 1 1 request............................ 1 operations. 23(b)........................................................ Request reimbursement for 1 1 request............................ 1 expenses for MMS inspection. 24........................................................... Submit status and final 8 4 reports............................ 32 reports quarterly or on specified schedule and final report. 28........................................................... Request relinquishment of 1 1 relinquish......................... 1 permit. 31(b); 73(a), (b)............................................ Governor(s) of adjacent 1 1 submissions........................ 1 State(s) submission to

FOR FURTHER INFORMATION CONTACT

Alexis London, Rules Processing Team, telephone (703) 7871600. You may also contact Alexis London to obtain a copy, at no cost, of the regulations that require the subject collection of information.