Agency Information Collection Activities: Proposed Collection; Comment Request, 2903-2905 [E7-942]

Agencies

• DEPARTMENT OF THE INTERIOR
• Minerals Management Service

[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Notices]
[Pages 2903-2905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-942]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of extension of an information collection (1010-0106).

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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 Part 253, Oil Spill 
Financial Responsibility for Offshore Facilities.''

DATES: Submit written comments by March 26, 2007.

ADDRESSES: You may submit comments by any of the following methods 
listed below. Please use the Information Collection Number 1010-0106 as 
an identifier in your message.
     E-mail MMS at rules.comments@mms.gov. Identify with 
Information Collection Number 1010-0106 in the subject line.
     Fax: 703-787-1093. Identify with Information Collection 
Number 1010-0106.
     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 1010-0106'' 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 regulation that requires the 
subject collection of information.

SUPPLEMENTARY INFORMATION: Title: 30 CFR Part 253, Oil Spill Financial 
Responsibility for Offshore Facilities.
    Forms: MMS-1016, 1017, 1018, 1019, 1020, 1021, and 1022.
    OMB Control Number: 1010-0106.
    Abstract: Title I of the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 
2701 et seq.), as amended by the Coast Guard Authorization Act of 1996 
(Pub. L. 104-324), provides at section 1016 that oil spill financial 
responsibility (OSFR) for offshore facilities be established and 
maintained according to methods determined acceptable to the President. 
Section 1016 of OPA supersedes the offshore facility oil spill 
financial responsibility provisions of the Outer Continental Shelf 
(OCS) Lands Act Amendments of 1978. These authorities and 
responsibilities are among those delegated to the Minerals Management 
Service (MMS) under which MMS issues regulations governing oil and gas 
and sulphur operations in the OCS.
    This information collection request addresses the regulations at 30 
CFR Part 253, Oil Spill Financial Responsibility for Offshore 
Facilities, including any supplementary Notices to Lessees and 
Operators (NTLs) that provide clarification, description, or 
explanation of these regulations, and forms MMS-1016 through MMS-1022. 
We have made a few minor changes to headings on the forms. There are no 
data element changes.
    The MMS will use the information collected under 30 CFR Part 253 to 
verify compliance with section 1016 of OPA. The information is 
necessary to confirm that applicants can pay for clean-up and damages 
from oil-spill discharges from Covered Offshore Facilities (COFs). The 
information will be used routinely: (a) To establish approval and 
eligibility of applicants for an Oil Spill Financial Responsibility 
(OSFR) certification; and (b) as a reference source for clean-up and 
damage claims associated with oil-spill discharges from COFs; the 
names, addresses, and telephone numbers of owners, operators, and 
guarantors; designated U.S. agents for service of process; and persons 
to contact. To collect most of the information, MMS developed standard 
forms. The forms and their purposes are:
    Cover Sheet: The forms will be distributed in a package that 
includes a cover sheet that displays the required OMB Control Number, 
Expiration Date, and Paperwork Reduction Act statement. This cover 
sheet will accompany the forms as part of a package or will be included 
with any copies of a particular form that respondents may request.
    Form MMS-1016, Designated Applicant Information Certification: The 
designated applicant uses this form to provide identifying information 
(company legal name, MMS qualification number and region, address, 
contact name and title, telephone and fax numbers) and to summarize the 
OSFR evidence. This form is required for each new or renewed OSFR 
certification application.
    Form MMS-1017, Designation of Applicant: When there is more than 
one responsible party for a COF, they must select a designated 
applicant. Each responsible party, as defined in the regulations, must 
use this form to notify MMS of the designated applicant. This form is 
also used to designate the U.S. agent for service of process for the 
responsible party(ies) if claims from an oil-spill discharge exceed the 
amount evidenced by the designated applicant; identifies and provides 
pertinent information about the responsible party(ies); and lists the 
COFs for which the responsible party is liable for OSFR certification. 
The form identifies each COF by State or OCS region; lease, permit, 
right of use and easement or pipeline number; aliquot section; area 
name; and block number. This form must be submitted with each new OSFR 
application or with an assignment involving a COF in which there is at 
least one responsible party who is not the designated applicant for a 
COF.
    Form MMS-1018, Self-Insurance or Indemnity Information: This form 
is used if the designated applicant is self-insuring or using an 
indemnity for OSFR evidence. As appropriate, either the designated 
applicant or the designated applicant's indemnitor completes the form 
to indicate the amount of OSFR coverage and effective and expiration 
dates. The form also provides pertinent information about the self-
insurer or indemnitor and is used to designate a U.S. agent for service 
of process for claims up to the evidenced amount. This form must be 
submitted each time new evidence of OSFR is submitted using either 
self-insurance or an indemnification.
    Form MMS-1019, Insurance Certificate: The designated applicant 
(representing himself as a direct purchaser of insurance) or his 
insurance agent or broker and the named insurers complete this form to 
provide OSFR evidence using insurance. The number of forms to be 
submitted will depend upon the number of layers of insurance to 
evidence the total amount of OSFR required. One form is required for 
each layer of insurance. The form provides pertinent information about 
the insurer(s) and designates a U.S. agent for service of process. This 
form must be submitted at the beginning of the term of the insurance 
coverage for the designated applicant's COFs or at the time COFs are 
added, with the scheduled option selected, to OSFR coverage.
    Form MMS-1020, Surety Bond: Each bonding company that issues a 
surety

[[Page 2904]]

bond for the designated applicant must complete this form indicating 
the amount of surety and effective dates. The form provides pertinent 
information about the bonding company and designates a U.S. agent for 
service of process for the amount evidenced by the surety bond. This 
form must be submitted at the beginning of the term of the surety bond 
for the named designated applicant.
    Form MMS-1021, Covered Offshore Facilities: The designated 
applicant submits this form to identify the COFs for which the OSFR 
evidence applies. The form identifies each COF by State or OCS region; 
lease, permit, right of use and easement or pipeline number; aliquot 
section; area name; block number; and potential worst case oil-spill 
discharge. This form is required to be submitted with each new or 
renewed OSFR certification application that includes COFs.
    Form MMS-1022, Covered Offshore Facility Changes: During the term 
of the issued OSFR certification, the designated applicant may submit 
changes to the current COF listings, including additions, deletions, or 
changes to the worst case oil-spill discharge for a COF. This form must 
be submitted when identified changes occur during the term of an OSFR 
Certification.
    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.'' No items of a sensitive nature are collected. Responses are 
mandatory.
    Frequency: On an annual basis, except for changes to existing COF 
listings that could occur throughout the term of the OSFR 
Certification.
    Estimated Number and Description of Respondents: Approximately 600 
holders of leases, permits, and rights of use and easement in the OCS 
and in State coastal waters who will appoint approximately 200 
designated applicants. Other respondents will be the designated 
applicants' insurance agents and brokers, bonding companies, and 
indemnitors. Some respondents may also be claimants.
    Estimated Reporting and Recordkeeping ``Hour'' Burden: The 
currently approved annual reporting burden for this collection is 
19,299 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
        Citation 30 CFR 253           Reporting requirement      burden
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Various sections..................  The burdens for all        .........
                                     general references to
                                     submitting evidence of
                                     OSFR are covered under
                                     the forms below.
11(a)(1); 40; 41..................  Form MMS-1016--Designated          1
                                     Applicant Information
                                     Certification.
11(a)(1); 40; 41..................  Form MMS-1017--                    9
                                     Designation of Applicant.
12................................  Request for determination          2
                                     of OSFR applicability.
15................................  Notify MMS of change in            1
                                     ability to comply.
15(f).............................  Provide claimant written           1
                                     explanation of denial.
21; 22; 23; 24; 26; 27; 30; 40;     Form MMS-1018 Self-                1
 41; 43.                             Insurance or Indemnity
                                     Information.
29; 40; 41; 43....................  Form MMS-1019--Insurance         120
                                     Certificate.
31; 40; 41; 43....................  Form MMS-1020--Surety             24
                                     Bond.
32................................  Proposal for alternative         120
                                     method to evidence OSFR
                                     (anticipate no
                                     proposals, but the regs
                                     provide the opportunity).
40; 41............................  Form MMS-1021--Covered             3
                                     Offshore Facilities.
40; 41; 42........................  Form MMS-1022--Covered             1
                                     Offshore Facility
                                     Changes.
Subpart F.........................  Claims: MMS will not be    .........
                                     involved in the claims
                                     process. Assessment of
                                     burden for claims
                                     against the Oil Spill
                                     Liability Trust Fund (30
                                     CFR parts 135, 136, l37)
                                     should be responsibility
                                     of the U.S. Coast Guard).
60(d).............................  Claimant request to                2
                                     determine whether a
                                     guarantor may be liable
                                     for a claim.
------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified no ``non-hour cost'' burdens for this collection.
    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

[[Page 2905]]

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: MMS's practice is to make comments, 
including names and addresses of respondents, available for public 
review. If you wish your name and/or address to be withheld, you must 
state this prominently at the beginning of your comment. MMS will honor 
this request to the extent allowable by law; however, anonymous 
comments will not be considered. There may be circumstances in which we 
would withhold from the record a respondent's identity, as allowable by 
the law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. In addition, 
you must present a rationale for withholding this information. This 
rationale must demonstrate that disclosure ``would constitute an 
unwarranted invasion of privacy.'' Unsupported assertions will not meet 
this burden. In the absence of exceptional, documentable circumstances, 
this information will be released. All submissions from organizations 
or businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, will be 
made available for public inspection in their entirety.
    MMS Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: January 11, 2007.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E7-942 Filed 1-22-07; 8:45 am]
BILLING CODE 4310-MR-P