Federal Register: September 23, 2009 (Volume 74, Number 183)

DOCID: fr23se09-99 FR Doc E9-22834

DEPARTMENT OF THE INTERIOR

Minerals Management Service

Docket ID: [Docket No. MMS-2009-OMM-0012]

NOTICE: NOTICES

DOCID: fr23se09-99

DOCUMENT ACTION: Notice of extension of an information collection (1010-0176).

SUBJECT CATEGORY:

MMS Information Collection Activity: 1010-0176, Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf Forms, Extension of a Collection; Comment Request

DATES: Submit written comments by November 23, 2009.

DOCUMENT SUMMARY:

To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will resubmit to the Office of Management and Budget (OMB) for review and approval. The resubmission of this information collection request (ICR) is necessary to include forms we have developed to clarify and facilitate submission of certain paperwork requirements in the regulations under 30 CFR 285, Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf. The new forms are Forms MMS0002, MMS0003, MMS0004, MMS0005, and MMS0006. These forms will entail no additional information collection burden to that already approved by OMB for the 30 CFR 285 regulations.

SUMMARY:

Agency Information Collection Activities; Proposals, Submissions, and Approvals

SUPPLEMENTAL INFORMATION

Title: 30 CFR 285, Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf.

Form(s): MMS0002, MMS0003, MMS0004, MMS0005, and MMS0006.

OMB Control Number: 10100176.

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 issue leases, easements, or rightsofway on the OCS for activities that produce or support production, transportation, or transmission of energy from sources other than oil and gas (renewable energy). Specifically, subsection 8(p) of the OCS Lands Act, as amended by section 388 of the Energy Policy Act of 2005 (Pub. L. 10958), directs the Secretary of the Interior to issue any necessary regulations to carry out the OCS renewable energy program. The Secretary delegated the authority to issue such regulations and implement an OCS renewable energy program to the Minerals Management Service (MMS).

Under 30 CFR part 285, respondents will operate commercial and noncommercial technology projects that include installation, construction, operation and maintenance, and decommissioning of offshore facilities, as well as possible onshore support facilities. The MMS must ensure that these activities and operations on the OCS are carried out in a safe and pollutionfree manner, do not interfere with the rights of other users on the OCS, and balance the protection and development of OCS resources. To do this, MMS needs information concerning the proposed activities, facilities, safety equipment, inspections and tests, and natural and manmade hazards near the site, as well as assurance of fiscal responsibility.

Specifically, MMS will use the information collected under part 285 to:

  • Determine if applicants and assignees are qualified to hold leases on the OCS. Information is used to track ownership of leases and rightofway (ROW) or right of use and easement (RUE), as well as to approve requests to designate an operator to act on the lessee's behalf. Information is necessary to approve assignment, relinquishment, or cancellation requests. Information is used to document that a lease, ROW, or RUE has been surrendered by the record title holder and to ensure that all legal obligations are met and facilities are properly decommissioned.
  • Determine if an application for a ROW or RUE serves the purpose specified in the grant.
  • Review and approve SAPs, COPs, and GAPs prior to allowing activities to commence on a lease to ensure that the activities will protect human, marine, and coastal environments of the OCS; to review plans for taking safety equipment out of service to ensure alternate measures are used that will properly provide for the safety of the facilities. The MMS inspectors monitor the records concerning facility inspections and tests to ensure safety of operations and protection of the environment and to schedule their workload to permit witnessing and inspecting operations. 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.
  • Ensure that, if granted, proposed routes of a ROW or RUE do not conflict with any State requirements or unduly interfere with other OCS activities.
  • Determine if all facilities, project easements, cables, pipelines, and obstructions, when they are no longer needed, are properly removed or decommissioned, and that the seafloor is cleared of all obstructions created by operations on the lease, project easement, RUE or ROW.
  • Improve safety and environmental protection on the OCS through collection and analysis of accident reports to ascertain the cause of the accidents and to determine ways to prevent recurrences. [[Page 48589]]

    Subsequent to the approval of the information collection requirements in the final 30 CFR 285 regulations, MMS developed five new forms that respondents will be required to submit certain information collection requirements in subpart D, Lease and Grant Administration, and subpart E, Payments and Financial Assurance Requirements. These forms entail no additional burden as they only clarify and facilitate the submission of the currently approved information collection requirements to which the forms pertain. This resubmitted information collection request (ICR) is revised only to reflect the inclusion of the new Forms MMS0002, MMS0003, MMS0004, MMS0005, and MMS0006.

    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 285.113, How will data and information obtained by MMS under this part be disclosed to the public? No items of a sensitive nature are collected. Responses are mandatory or are required to obtain or retain a benefit.

    Frequency: Varies depending upon the requirement, but usually on occasion or annual.

    Description of Respondents: Primary respondents comprise Federal OCS companies that submit unsolicited proposals or responses to Federal Register notices; or are lessees, designated operators, and ROW or RUE grant holders. Other potential respondents are companies or State and local governments that submit information or comments relative to alternative energyrelated uses of the OCS; certified verification agents (CVAs); and surety or thirdparty guarantors.

    Estimated Reporting and Recordkeeping Hour Burden: The currently approved annual reporting burden for this collection is 31,124 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.
    Hour burden Reporting and
    Section(s) in 30 CFR 285 recordkeeping Nonhour cost requirement burdens Subpart AGeneral Provisions
    102; 105; 110................. These sections contain general references to submitting comments, requests, applications, plans, notices, reports, and/or supplemental information for MMS approvalburdens covered under specific requirements. 102(e)........................ State and local 1.
    governments enter
    into task force or
    joint planning or
    coordination
    agreement with MMS.
    103; 904...................... Request general 2.
    departures not
    specifically covered
    elsewhere in part 285.
    105(c)........................ Make oral requests or 1.
    notifications and
    submit written follow
    up within 3 business
    days not specifically
    covered elsewhere in
    part 285.
    106; 107; 212(f); 230(f); Submit evidence of 2.
    302(a); 408(b)(7); 409(c); qualifications to
    1005(c); 1007(c); 1013(b)(7). hold a lease or
    grant, required
    information and
    supporting
    information.
    106(b)(1)..................... Request exception from 1.
    exclusion or
    disqualification from
    participating in
    transactions covered
    by Federal non
    procurement debarment
    and suspension system.
    106(b)(2), (3); 225; 527(c); Request Requirement not 705(b)(2); 1016. reconsideration and/ considered IC or hearing. under 5 CFR 1320.3(h)(9). 108; 530(b)................... Notify MMS within 3 1.
    business days after
    learning of any
    action filed alleging
    respondent is
    insolvent or bankrupt.
    109........................... Notify MMS in writing Requirement not of merger, name considered IC change, or change of under 5 CFR business form no 1320.3(h)(1). later than 120 days
    after earliest of
    either the effective
    date or filing date.
    111........................... Within 30 days of .5. receiving bill, $4,000 per submit processing fee study. payments for MMS
    document or study
    preparation to
    process applications
    and requests.
    111(b)(2), (3)................ Submit comments on 2.
    proposed processing
    fee or request
    approval to perform
    or directly pay
    contractor for all or
    part of any document,
    study, or other
    activity, to reduce
    MMS processing costs.
    111(b)(3)..................... Perform, conduct, 19,000. develop, etc., all or
    part of any document,
    study, or other
    activity; and provide
    results to MMS to
    reduce MMS processing
    fee.
    111(b)(3)..................... Pay contractor for all $950,000 per or part of any payment. document, study, or
    other activity, and
    provide results to
    MMS to reduce MMS
    processing costs.
    111(b)(7); 118(a); 436(c)..... Appeal MMS estimated Exempt under 5 processing costs, CFR decisions, or orders 1320.4(a)(2), pursuant to 30 CFR (c). 290.
    113(b)........................ Respondents submit 4.
    agreement to allow
    MMS to disclose the
    data and information
    exempt from
    disclosure under the
    Freedom of
    Information Act.
    115(c)........................ Request approval to 1.
    use later edition of
    a document
    incorporated by
    reference or
    alternative
    compliance.
    116........................... The Director may 4.
    occasionally request
    information to
    administer and carry
    out the offshore
    alternative energy
    program via Federal
    Register Notices.
    118(c); 225(b)................ Within 15 days of bid Requirement not rejection, request considered IC reconsideration of under 5 CFR bid decision or 1320.3(h)(9). rejection.
    [[Page 48590]]
    Subpart BIssuance of OCS Alternative Energy Leases 200; 224; 231; 235; 236; 238.. These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 285. 210; 211(a), (b), (c); 213 Submit comments in 4.
    thru 216. response to Federal
    Register notices on
    Request for Interest
    in OCS Leasing, Call
    for Information and
    Nominations (Call),
    Area Identification,
    and the Proposed Sale
    Notice.
    211(d); 216; 220 thru 223; Submit bid, payments, 5.
    231(c)(2). and required
    information in
    response to Federal
    Register Final Sale
    Notice.
    224........................... Within 10 business 1.
    days, execute 3
    copies of lease form
    and return to MMS
    with required
    payments, including
    evidence that agent
    is authorized to act
    for bidder; if
    applicable, submit
    information to
    support delay in
    execution.
    230; 231(a)................... Submit unsolicited 5.
    request and
    acquisition fee for a
    commercial or limited
    lease.
    231(b)........................ Submit comments in 4.
    response to Federal
    Register notice re
    interest of
    unsolicited request
    for a lease.
    231(g), (h)................... Submit decision to 2.
    accept or reject
    terms and conditions
    of noncompetitive
    lease.
    235(b); 236(b)................ Request additional 1.
    time to extend
    preliminary or site
    assessment term of
    commercial or limited
    lease, including
    revised schedule for
    SAP, COP, or GAP
    submission.
    237(b)........................ Request lease be dated 1.
    and effective 1st day
    of month in which
    signed.
    Subpart CROW Grants and RUE Grants for Alternative Energy Activities 306; 309; 315; 316............ These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 285. 302(a); 305; 306.............. Submit 1 paper copy 5.
    and 1 electronic
    version of a request
    for a new or modified
    ROW or RUE and
    required information,
    including
    qualifications to
    hold a grant.
    307; 308(a)(1)................ Submit comments on 4.
    competitive interest
    in response to
    Federal Register
    notice of proposed
    ROW or RUE grant area
    or comments on notice
    of grant auction.
    308(a)(2), (b); 315; 316...... Submit bid and 5.
    payments in response
    to Federal Register
    notice of auction for
    a ROW or RUE grant.
    309........................... Submit decision to 2.
    accept or reject
    terms and conditions
    of noncompetitive ROW
    or RUE grant.
    Subpart DLease and Grant Administration
    400; 401; 402; 405; 409; 416, These sections contain references to 433. information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 285. 401(b)........................ Take measures directed 100. by MMS in cessation
    order and submit
    reports in order to
    resume activities.
    405(d)........................ Submit written notice Requirement not of change of address. considered IC under 5 CFR 1320.3(h)(1). 405(e); Form MMS0006......... If designated operator 1.
    (DO) changes, notify
    MMS and identify new
    DO for MMS approval.
    408 thru 411; Forms MMS0002 Within 90 days after 1 (30 minutes and MMS0003. last party executes a per form x 2 transfer agreement, forms = 1 submit 1 paper copy hour). and 1 electronic
    version of a lease or
    grant assignment
    application,
    including originals
    of each instrument
    creating or
    transferring
    ownership of record
    title, eligibility
    and other
    qualifications; and
    evidence that agent
    is authorized to
    execute assignment.
    415(a)(1); 416; 420(a), (b); Submit request for 10. 428(b). suspension and
    required information
    no later than 90 days
    prior to lease or
    grant expiration.
    417(b)........................ Conduct, and if 100. required pay for, $950,000 per sitespecific study study. to evaluate cause of
    harm or damage; and
    submit 1 paper copy
    and 1 electronic
    version of study and
    results.
    425 thru 428; 652(a).......... Request lease or grant 6.
    renewal no later than
    180 days before
    termination date of
    your limited lease or
    grant, or no later
    than 2 years before
    termination date of
    operations term of
    commercial lease.
    435; 658(c)(2);............... Submit 1 paper copy 1.
    Form MMS0004................. and 1 electronic
    version of
    application to
    relinquish lease or
    grant.
    436; 437...................... Provide information Requirement not for reconsideration considered IC of MMS decision to under 5 CFR contract or cancel 1320.3(h)(9). lease or grant area.
    [[Page 48591]]
    Subpart EPayments and Financial Assurance Requirements An * indicates the primary cites for providing bonds or other financial assurance, and the burdens include any previous or subsequent references throughout part 285 to furnish, replace, or provide additional bonds, securities, or financial assurance. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.
    500 thru 509; 1011............ Submit payor Burdens covered information, payments by information and payment collections information, and approved for 30 maintain auditable CFR Subchapter records according to A. subchapter A
    regulations or
    guidance.
    506(c)(4)..................... Submit documentation 10 min. of the gross annual
    generation of
    electricity produced
    by the generating
    facility on the
    leaseuse same form
    as authorized by the
    EIA. (Burden covered
    under DOE/EIA OMB
    Control Number 1905
    0129 to gather info
    and fill out form.
    MMS's burden is for
    submitting a copy.)
    510........................... Submit application and 1.
    required information
    for waiver or
    reduction of rental
    or other payment.
    * 515; 516(a)(1), (b); 525(a) Execute and provide 1.
    thru (f). $100,000 minimum
    leasespecific bond
    or other approved
    security; or increase
    bond level if
    required.
    * 516(a)(2), (3), (b), (c); Execute and provide 1.
    517; 525(a) thru (f). commercial lease
    supplemental bonds in
    amounts determined by
    MMS.
    516(a)(4); 521(c)............. Execute and provide 1.
    decommissioning bond
    or other financial
    assurance; schedule
    for providing the
    appropriate amount.
    517(c)(1)..................... Submit comments on 1.
    proposed adjustment
    to bond amounts.
    517(c)(2)..................... Request bond reduction 5.
    and submit evidence
    to justify.
    * 520; 521; 525(a) thru (f);.. Execute and provide 1.
    Form MMS0005................. $300,000 minimum
    limited lease or
    grantspecific bond
    or increase financial
    assurance if required.
    525(g)........................ Surety notice to 1.
    lessee or ROW/RUE
    grant holder and MMS
    within 5business
    days after initiating
    insolvency or
    bankruptcy
    proceeding, or
    Treasury decertifies
    surety.
    * 526......................... In lieu of surety 2.
    bond, pledge other
    types of securities,
    including authority
    for MMS to sell and
    use proceeds.
    526(c)........................ Provide annual 1.
    certified statements
    describing the nature
    and market value,
    including brokerage
    firm statements/
    reports.
    * 527......................... Demonstrate financial 10. worth/ability to
    carry out present and
    future financial
    obligations, annual
    updates, and related
    or subsequent actions/
    records/reports, etc.
    528........................... Provide thirdparty 10.
    indemnity; financial
    information/
    statements;
    additional bond info;
    executed guarantor
    agreement and
    supporting
    information/
    documentation.
    528(c)(6); 532(b)............. Guarantor/Surety 1.
    requests MMS
    terminate period of
    liability and
    notifies lessee or
    ROW/RUE grant holder,
    etc.
    * 529......................... In lieu of surety 2.
    bond, request
    authorization to
    establish
    decommissioning
    account, including
    written
    authorizations and
    approvals associated
    with account.
    530........................... Notify MMS promptly of 1.
    lapse in bond or
    other security/action
    filed alleging
    lessee, surety or
    guarantor et al. is
    insolvent or bankrupt.
    533(a)(2)(ii), (iii).......... Provide agreement from 3.
    surety issuing new
    bond to assume all or
    portion of
    outstanding
    liabilities.
    536(b)........................ Within 10 business 16. days following MMS
    notice, lessee, grant
    holder, or surety
    agrees to and
    demonstrates to MMS
    that lease will be
    brought into
    compliance.
    Subpart FPlans and Information Requirements
    Two ** indicate the primary cites for Site Assessment Plans (SAPs), Construction and Operations Plans (COPs), and General Activities Plans (GAPs); and the burdens include any previous or subsequent references throughout part 285 to submission and approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.
    ** 600(a); 601(a), (b), (c); Within 6 months after 240. 605 thru 613. issuance of a
    competitive lease or
    grant, or within 60
    days after
    determination of no
    competitive interest,
    submit 1 paper copy
    and 1 electronic
    version of a SAP,
    including information
    to assist MMS to
    comply with NEPA such
    as hazard info, air
    quality, and all
    required information,
    certifications, etc.
    ** 600(b); 601(c), (d)(1); If requesting an 1,000. 606(b); 618; 620 thru 629; operations term for
    633. commercial lease, at
    least 6 months before
    the end of site
    assessment term,
    submit 1 paper copy
    and 1 electronic
    version of a COP, or
    FERC license
    application,
    including information
    to assist MMS to
    comply with NEPA such
    as hazard info, air
    quality, and all
    required information,
    surveys and/or their
    results, reports,
    certifications,
    project easements,
    supporting data and
    information, etc.
    [[Page 48592]]
    ** 600(c); 601(a), (b); 640 Within 6 months after 240. thru 648. issuance of a
    competitive lease or
    grant, or within 60
    days after
    determination of no
    competitive interest,
    submit 1 paper copy
    and 1 electronic
    version of a GAP,
    including information
    to assist MMS to
    comply with NEPA such
    as hazard info, air
    quality, and all
    required information,
    surveys and reports,
    certifications,
    project easements,
    etc.
    ** 601(d)(2); 622; 628(f); Submit revised or 50. 632(b); 634. modified COPs,
    including project
    easements, and all
    required additional
    information.
    602 \1\....................... Until MMS releases 2.
    financial assurance,
    respondents must
    maintain, and provide
    to MMS if requested,
    all data and
    information related
    to compliance with
    required terms and
    conditions of SAP,
    COP, or GAP.
    ** 613(d), (e); 616........... Submit revised or 50. modified SAPs and
    required additional
    information.
    612(b); 647(b)................ Noncompetitive leases 1.
    must submit copy of
    SAP or GAP
    consistency
    certification and
    supporting
    documentation.
    614(a)........................ Notify MMS in writing 1.
    within 30 days of
    completion of
    construction and
    installation
    activities under SAP.
    614(b)........................ Submit annual report 30. summarizing findings
    from site assessment
    activities.
    614(c)........................ Submit annual, or at 40. other time periods as
    MMS determines, SAP
    compliance
    certification,
    effectiveness
    statement,
    recommendations,
    reports, supporting
    documentation, etc.
    617(a)........................ Notify MMS in writing 10. before conducting any
    activities not
    approved, or provided
    for, in SAP; provide
    additional
    information if
    requested.
    627(c)........................ Include oil spill Burden covered response plan as 30 CFR part required by part 254.. 254, 10100091. 631........................... Request deviation from 2.
    approved COP schedule.
    633(b)........................ Submit annual, or at 80. other time periods as
    MMS determines, COP
    compliance
    certification,
    effectiveness
    statement,
    recommendations,
    reports, supporting
    documentation, etc.
    634(a)........................ Notify MMS in writing 10. before conducting any
    activities not
    approved or provided
    for in COP, and
    provide additional
    information if
    requested.
    635........................... Notify MMS any time 1.
    commercial operations
    cease without an
    approved suspension.
    636(a)........................ Notify MMS in writing 1.
    no later than 30 days
    after commencing
    activities associated
    with placement of
    facilities on lease
    area.
    636(b)........................ Notify MMS in writing 1.
    no later than 30 days
    after completion of
    construction and
    installation
    activities.
    636(c)........................ Notify MMS in writing 1.
    at least 7 days
    before commencing
    commercial operations.
    ** 642(b); 648(e); 655; Submit revised or 50. 658(c)(3). modified GAPs and
    required additional
    information.
    651........................... Before beginning 30. construction of OCS
    facility described in
    GAP, complete survey
    activities identified
    in GAP and submit
    initial findings.
    This only includes
    the time involved in
    submitting the
    findings; it does not
    include the survey
    time as these surveys
    would be conducted as
    good business
    practice.
    653(a)........................ Notify MMS in writing 1.
    within 30 days of
    completing
    installation
    activities under the
    GAP.
    653(b)........................ Submit annual report 30. summarizing findings
    from activities
    conducted under
    approved GAP.
    653(c)........................ Submit annual, or at 40. other time periods as
    MMS determines, GAP
    compliance
    certification,
    recommendations,
    reports, etc.
    655(a)........................ Notify MMS in writing 10. before conducting any
    activities not
    approved or provided
    for in GAP, and
    provide additional
    information if
    requested.
    656........................... Notify MMS if at any 1.
    time approved GAP
    activities cease
    without an approved
    suspension.
    658(c)(1)..................... If after construction, 3.
    cable or pipeline
    deviate from approved
    COP or GAP, notify
    affected lease
    operators and ROW/RUE
    grant holders of
    deviation and provide
    MMS evidence of such
    notices.
    659........................... Determine appropriate 70. air quality modeling
    protocol, conduct air
    quality modeling, and
    submit 3 copies of
    air quality modeling
    report and 3 sets of
    digital files as
    supporting
    information to plans.
    Subpart GFacility Design, Fabrication, and Installation Three *** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 285 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.
    [[Page 48593]]
    *** 700(a)(1), (b), (c); 701.. Submit Facility Design 200. Report, including 1
    paper copy and 1
    electronic copy of
    the cover letter,
    certification
    statement, and all
    required information
    (13 paper or
    electronic copies as
    specified).
    *** 700(a)(2); (b), (c); 702.. Submit 1 paper copy 160. and 1 electronic copy
    of a Fabrication and
    Installation Report,
    certification
    statement and all
    required information.
    705(a)(3); 707; 712........... Certified Verification 100. Agent (CVA) conducts 100. independent
    assessment of the
    facility design and
    submits reports to
    lessee or grant
    holder and MMS
    interim reports if
    required, and 1
    electronic copy and 1
    paper copy of the
    final report.
    705(a)(3); 708; 709; 710; 712. CVA conducts 100. independent 100. assessments on the
    fabrication and
    installation
    activities, informs
    lessee or grant
    holder if procedures
    are changed or design
    specifications are
    modified; and submits
    reports to lessee or
    grant holder and MMS
    interim reports if
    required, and 1
    electronic copy and 1
    paper copy of the
    final report.
    705(a)(3); *** 711; 712....... CVA/project engineer 20. monitors major 15. project modifications
    and repairs and
    submits reports to
    lessee or grant
    holder and MMS
    interim reports if
    required, and 1
    electronic copy and 1
    paper copy of the
    final report.
    705(b)........................ Request waiver of CVA 40. requirement in
    writing; lessee must
    demonstrate standard
    design and best
    practices.
    706........................... Submit for approval 16. with SAP, COP, or
    GAP, initial
    nominations for a CVA
    or new replacement
    CVA nomination, and
    required information.
    708(b)(2)..................... Lessee or grant holder 1.
    notify MMS if
    modifications
    identified by CVA/
    project engineer are
    accepted.
    709(a)(14); 710(a)(2), (e) \1\ Make fabrication 1.
    quality control,
    installation towing,
    and other records
    available to CVA/
    project engineer for
    review (retention
    required by Sec.
    285.714).
    713(a)........................ Notify MMS within 10 1.
    business days after
    commencing commercial
    operations.
    714 \1\....................... Until MMS releases 100. financial assurance,
    compile, retain, and
    make available to MMS
    and/or CVA the as
    built drawings,
    design assumptions/
    analyses, summary of
    fabrication and
    installation
    examination records,
    inspection results,
    and records of
    repairs not covered
    in inspection report.
    Record original and
    relevant material
    test results of all
    primary structural
    materials; retain
    records during all
    stages of

    construction.

    Subpart HEnvironmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs 801(c), (d)................... Notify MMS if 1.
    endangered or
    threatened species,
    or their designated
    critical habitat, may
    be in the vicinity of
    the lease or grant or
    may be affected by
    lease or grant
    activities.
    801(e), (f)................... Submit information to 6.
    ensure proposed
    activities will be
    conducted in
    compliance with the
    Endangered Species
    Act (ESA) and Marine
    Mammal Protection Act
    (MMPA); including,
    agreements and
    mitigating measures
    designed to avoid or
    minimize adverse
    effects and
    incidental take of
    endangered species or
    critical habitat.
    802; 902(e)................... Notify MMS of 3.
    archaeological
    resource within 72
    hours of discovery.
    802(b)........................ If requested, conduct 10. further
    archaeological
    investigations and
    submit report.
    803(d)........................ If applicable, submit .5. payment for MMS costs
    in carrying out
    National Historic
    Preservation Act
    responsibilities.
    804(b), (c)................... If required, conduct 15. additional surveys to
    define boundaries and
    avoidance distances
    and submit report.
    810........................... Submit safety 35. management system
    description with the
    SAP, COP, or GAP.
    813(b)(1)..................... Report within 24 hours .5. when any required
    safety equipment
    taken out of service
    for more than 12
    hours; provide
    written confirmation
    if oral report.
    813(b)(2)..................... Submit written 1.
    confirmation when
    equipment removed
    from service for
    greater than 60 days.
    813(b)(3)..................... Notify MMS when .5. equipment returned to
    service; provide
    written confirmation
    if oral notice.
    815(c)........................ When required, analyze 1.5. cable, P/L, or
    facility damage or
    failures to determine
    cause and as soon as
    available submit
    comprehensive written
    report.
    816........................... Submit plan of 2.
    corrective action
    report on observed
    detrimental effects
    on cable, P/L, or
    facility within 30
    days of discovery;
    take remedial action
    and submit report of
    remedial action
    within 30 days after
    completion.
    [[Page 48594]]
    822(a)(2)(iii), (b); 824(a) Until MMS releases 1.
    \1\. financial assurance,
    maintain records of
    design, construction,
    operation,
    maintenance, repairs,
    investigation on or
    related to lease or
    ROW/RUE area, and
    make available to MMS
    for inspection.
    823........................... Request reimbursement 2.
    within 90 days for
    food, quarters, and
    transportation
    provided to MMS reps
    during inspection.
    824(a)........................ Develop annual self 24. inspection plan
    covering all
    facilities; retain
    with records, and
    make available to MMS
    upon request.
    824(b)........................ Conduct annual self 36. inspection and submit
    report by November 1.
    825........................... Based on API RP 2A 60.
    WSD, perform
    assessment of
    structures, initiate
    mitigation actions
    for structures that
    do not pass
    assessment process,
    retain information,
    and make available to
    MMS upon request.
    830(a), (b), (c); 831 thru 833 Immediately report Oral.5. incidents to MMS via Written4. oral communications,
    submit written follow
    up report within 15
    business days after
    the incident, and
    submit any required
    additional
    information.
    830(d)........................ Report oil spills as Burden covered required by part 254.. by 10100091, 30 CFR part 254. Subpart IDecommissioning
    Four **** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 285 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.
    **** 902(b), (c), (d), (f); Submit for approval 1 20. 905, 906; 907; 908(c); 909. paper copy and 1
    electronic copy of
    the SAP, COP, or GAP
    decommissioning
    application and site
    clearance plan at
    least 2 years before
    decommissioning
    activities begin, 90
    days after completion
    of activities, or 90
    days after
    cancellation,
    relinquishment, or
    other termination of
    lease or grant.
    Include documentation
    of coordination
    efforts w/States,
    local of tribal
    governments, requests
    that certain
    facilities remain in
    place for other
    activities, be
    converted to an
    artificial reef, or
    be toppled in place.
    Submit additional
    information requested
    or modify and
    resubmit application.
    902(d); 908................... Notify MMS at least 60 1.
    days before
    commencing
    decommissioning
    activities.
    910........................... Within 60 days after 1.
    removing a facility,
    verify to MMS that
    site is cleared.
    912........................... Within 60 days after 8.
    removing a facility,
    cable, or pipeline,
    submit a written
    report.
    We don't anticipate decommissioning activities for at least 5 years so the requirements have been given a minimal burden.
    Subpart JRUEs for Energy and MarineRelated Activities Using Existing OCS Facilities
    1004, 1005, 1006.............. Contact owner of 1.
    existing facility and/
    or lessee of the area
    to reach preliminary
    agreement to use
    facility and obtain
    concurring
    signatures; submit
    request to MMS for an
    alternative use RUE,
    including all
    required information/
    modifications.
    1007(a), (b), (c)............. Submit indication of 4.
    competitive interest
    in response to
    Federal Register
    notice.
    1007(c)....................... Submit description of 5.
    proposed activities
    and required
    information in
    response to Federal
    Register notice of
    competitive offering.
    1007(f)....................... Lessee or owner of 1.
    facility submits
    decision to accept or
    reject proposals
    deemed acceptable by
    MMS.
    1010(c)....................... Request renewal of 6.
    Alternate Use RUE.
    1012; 1016(b)................. Provide financial 1.
    assurance as MMS
    determines in
    approving RUE for an
    existing facility,
    including additional
    security if required.
    1013.......................... Submit request for 1.
    assignment of an
    alternative use RUE
    for an existing
    facility, including
    all required
    information.
    1015.......................... Request relinquishment 1.
    of RUE for an
    existing facility.
    30 CFR Parts 250 & 290 Proposed Revisions
    250.1730...................... Request departure from Burden covered requirement to remove by 10100142, a platform or other 30 CFR 250, facility. subpart Q. 250.1731(c)................... Request deferral of 1.
    facility removal
    subject to RUE issued
    under this subpart.
    250.290.2..................... Request Requirement not reconsideration of an considered IC MMS decision under 5 CFR concerning a lease 1320.3(h)(9). bid.
    \1\ Retention of these records is usual and customary business practice; the burden is primarily to make them available to MMS and CVAs. [[Page 48595]]

    Estimated Reporting and Recordkeeping NonHour Cost Burden: There are three nonhour cost burdens to industry. They are as follows:

  • Sec. 285.111$4,000: This section requires respondents to pay a processing fee of $4,000 for MMS document or study preparation when necessary for MMS processing of applications and requests.
  • Sec. 285.111(b)(3)$950,000: This section allows respondents to pay a contractor instead of MMS for all or part of any document, study, or other activity, and provide the results to MMS to reduce MMS processing costs. We estimate the nonhour cost burden of this payment could range from $100,000 to $2,000,000; therefore, we are estimating the cost at $950,000.
  • Sec. 285.417(b)$950,000: This section requires respondents to pay for a sitespecific study to evaluate the cause of harm or damage to natural resources, and submit a report to MMS. We estimate the nonhour cost burden of this study could range from $100,000 to $2,000,000, depending on the nature of the study; therefore, we are estimating the cost at $950,000.

    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

    FOR FURTHER INFORMATION CONTACT

    Cheryl Blundon, Regulations and Standards Branch at (703) 7871607. You may also contact Cheryl Blundon or Timothy Redding (703) 7871219, to obtain a copy, at no cost, of the regulation and the forms that require the subject collection of information. Also, you can view or print the forms via regulations.gov. See the instructions listed in the ADDRESSES section.