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, 48588-48595 [E9-22834]
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48588
Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices
Bureau Form Number: None.
Frequency of Collection: Once,
monthly, quarterly, and annually.
Description of Respondents: State
Regulatory Authorities.
Total Annual Responses: 80,284.
Total Annual Burden Hours: 526,985.
Dated: September 14, 2009.
John R. Craynon,
Chief, Division of Regulatory Support.
[FR Doc. E9–22800 Filed 9–22–09; 8:45 am]
BILLING CODE 4310–05–M
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2009–OMM–0012]
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
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Notice of extension of an
information collection (1010–0176).
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 MMS–0002, MMS–
0003, MMS–0004, MMS–0005, and
MMS–0006. These forms will entail no
additional information collection
burden to that already approved by
OMB for the 30 CFR 285 regulations.
DATES: Submit written comments by
November 23, 2009.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Regulations and
Standards Branch at (703) 787–1607.
You may also contact Cheryl Blundon or
Timothy Redding (703) 787–1219, 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.
ADDRESSES: Follow the instructions
under ‘‘Electronically’’ to view or print
out the forms that are attached in the
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17:06 Sep 22, 2009
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supporting and related materials section
of the docket. You may submit
comments by either of the following
methods listed below:
• Electronically: go to https://
www.regulations.gov. In the entry titled
‘‘Select Document Type’’, click Notice
in the drop down menu. In the entry
titled, ‘‘Enter Keyword or ID,’’ enter
docket ID MMS–2009–OMM–0012, then
click Search. Look for the subject
Information Collection notice and under
the Actions column on the right, click
the ‘‘submit a comment’’ button. Include
your name and return address in your
comment. 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–
0176 in your subject line and mark your
message for return receipt. Include your
name and return address in your
comment text.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 285, Renewable Energy
and Alternate Uses of Existing Facilities
on the Outer Continental Shelf.
Form(s): MMS–0002, MMS–0003,
MMS–0004, MMS–0005, and MMS–
0006.
OMB Control Number: 1010–0176.
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 rights-ofway 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. 109–58),
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
pollution-free manner, do not interfere
with the rights of other users on the
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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 right-of-way
(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.
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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices
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 MMS–0002, MMS–0003,
MMS–0004, MMS–0005, and MMS–
0006.
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
48589
grant holders. Other potential
respondents are companies or State and
local governments that submit
information or comments relative to
alternative energy-related uses of the
OCS; certified verification agents
(CVAs); and surety or third-party
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
Section(s) in 30 CFR 285
Reporting and recordkeeping requirement
Non-hour cost burdens
Subpart A—General Provisions
102; 105; 110 ..................................
These sections contain general references to submitting comments, requests, applications, plans, notices,
reports, and/or supplemental information for MMS approval—burdens covered under specific requirements.
102(e) ..............................................
State and local governments enter into task force or joint planning or
coordination agreement with MMS.
Request general departures not specifically covered elsewhere in
part 285.
Make oral requests or notifications and submit written follow up within
3 business days not specifically covered elsewhere in part 285.
Submit evidence of qualifications to hold a lease or grant, required information and supporting information.
1.
Request exception from exclusion or disqualification from participating in transactions covered by Federal non-procurement debarment and suspension system.
Request reconsideration and/or hearing ...............................................
1.
103; 904 ..........................................
105(c) ..............................................
106; 107; 212(f); 230(f); 302(a);
408(b)(7);
409(c);
1005(c);
1007(c); 1013(b)(7).
106(b)(1) ..........................................
106(b)(2),
(3);
225;
527(c);
705(b)(2); 1016.
108; 530(b) ......................................
109 ..................................................
111 ..................................................
111(b)(2), (3) ...................................
111(b)(3) ..........................................
111(b)(3) ..........................................
111(b)(7); 118(a); 436(c) .................
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113(b) ..............................................
115(c) ..............................................
116 ..................................................
118(c); 225(b) ..................................
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17:06 Sep 22, 2009
Notify MMS within 3-business days after learning of any action filed
alleging respondent is insolvent or bankrupt.
Notify MMS in writing of merger, name change, or change of business form no later than 120 days after earliest of either the effective date or filing date.
Within 30 days of receiving bill, submit processing fee payments for
MMS document or study preparation to process applications and
requests.
Submit comments on 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.
Perform, conduct, develop, etc., all or part of any document, study, or
other activity; and provide results to MMS to reduce MMS processing fee.
Pay contractor for all or part of any document, study, or other activity,
and provide results to MMS to reduce MMS processing costs.
Appeal MMS estimated processing costs, decisions, or orders pursuant to 30 CFR 290.
Respondents submit agreement to allow MMS to disclose the data
and information exempt from disclosure under the Freedom of Information Act.
Request approval to use later edition of a document incorporated by
reference or alternative compliance.
The Director may occasionally request information to administer and
carry out the offshore alternative energy program via Federal Register Notices.
Within 15 days of bid rejection, request reconsideration of bid decision or rejection.
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2.
1.
2.
Requirement not considered IC
under 5 CFR 1320.3(h)(9).
1.
Requirement not considered IC
under 5 CFR 1320.3(h)(1).
.5.
$4,000 per study.
2.
19,000.
$950,000 per payment.
Exempt under 5 CFR 1320.4(a)(2),
(c).
4.
1.
4.
Requirement not considered IC
under 5 CFR 1320.3(h)(9).
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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices
Hour burden
Section(s) in 30 CFR 285
Reporting and recordkeeping requirement
Non-hour cost burdens
Subpart B—Issuance 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 thru 216 ..
Submit comments in 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.
Submit bid, payments, and required information in response to Federal Register Final Sale Notice.
Within 10 business 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.
Submit unsolicited request and acquisition fee for a commercial or
limited lease.
Submit comments in response to Federal Register notice re interest
of unsolicited request for a lease.
Submit decision to accept or reject terms and conditions of noncompetitive lease.
Request additional time to extend preliminary or site assessment
term of commercial or limited lease, including revised schedule for
SAP, COP, or GAP submission.
Request lease be dated and effective 1st day of month in which
signed.
211(d); 216; 220 thru 223;
231(c)(2).
224 ..................................................
230; 231(a) ......................................
231(b) ..............................................
231(g), (h) .......................................
235(b); 236(b) .................................
237(b) ..............................................
4.
5.
1.
5.
4.
2.
1.
1.
Subpart C—ROW 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 and 1 electronic version of a request for a new
or modified ROW or RUE and required information, including qualifications to hold a grant.
Submit comments on competitive interest in response to Federal
Register notice of proposed ROW or RUE grant area or comments
on notice of grant auction.
Submit bid and payments in response to Federal Register notice of
auction for a ROW or RUE grant.
Submit decision to accept or reject terms and conditions of noncompetitive ROW or RUE grant.
307; 308(a)(1) .................................
308(a)(2), (b); 315; 316 ...................
309 ..................................................
5.
4.
5.
2.
Subpart D—Lease and Grant Administration
400; 401; 402; 405; 409; 416, 433
These sections contain references to information submissions, approvals, requests, applications, plans,
payments, etc., the burdens for which are covered elsewhere in part 285.
401(b) ..............................................
Take measures directed by MMS in cessation order and submit reports in order to resume activities.
Submit written notice of change of address ..........................................
405(d) ..............................................
405(e); Form MMS–0006 ................
408 thru 411; Forms MMS–0002
and MMS–0003.
415(a)(1); 416; 420(a), (b); 428(b) ..
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417(b) ..............................................
425 thru 428; 652(a) .......................
435; 658(c)(2); .................................
Form MMS–0004 ............................
436; 437 ..........................................
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17:06 Sep 22, 2009
If designated operator (DO) changes, notify MMS and identify new
DO for MMS approval.
Within 90 days after last party executes a transfer agreement, submit
1 paper copy 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.
Submit request for suspension and required information no later than
90 days prior to lease or grant expiration.
Conduct, and if required pay for, site-specific study to evaluate cause
of harm or damage; and submit 1 paper copy and 1 electronic
version of study and results.
Request lease or grant 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.
Submit 1 paper copy and 1 electronic version of application to relinquish lease or grant.
Provide information for reconsideration of MMS decision to contract
or cancel lease or grant area.
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100.
Requirement not considered IC
under 5 CFR 1320.3(h)(1).
1.
1 (30 minutes per form × 2 forms
= 1 hour).
10.
100.
$950,000 per study.
6.
1.
Requirement not considered IC
under 5 CFR 1320.3(h)(9).
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48591
Hour burden
Section(s) in 30 CFR 285
Reporting and recordkeeping requirement
Non-hour cost burdens
Subpart E—Payments 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 ..........................
506(c)(4) ..........................................
510 ..................................................
* 515; 516(a)(1), (b); 525(a) thru (f)
* 516(a)(2), (3), (b), (c); 517; 525(a)
thru (f).
516(a)(4); 521(c) .............................
517(c)(1) ..........................................
517(c)(2) ..........................................
* 520; 521; 525(a) thru (f); ..............
Form MMS–0005 ............................
525(g) ..............................................
* 526 ................................................
526(c) ..............................................
* 527 ................................................
528 ..................................................
528(c)(6); 532(b) .............................
* 529 ................................................
530 ..................................................
533(a)(2)(ii), (iii) ...............................
536(b) ..............................................
Submit payor information, payments and payment information, and
maintain auditable records according to subchapter A regulations
or guidance.
Submit documentation of the gross annual generation of electricity
produced by the generating facility on the lease—use 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.)
Submit application and required information for waiver or reduction of
rental or other payment.
Execute and provide $100,000 minimum lease-specific bond or other
approved security; or increase bond level if required.
Execute and provide commercial lease supplemental bonds in
amounts determined by MMS.
Execute and provide decommissioning bond or other financial assurance; schedule for providing the appropriate amount.
Submit comments on proposed adjustment to bond amounts .............
Request bond reduction and submit evidence to justify .......................
Execute and provide $300,000 minimum limited lease or grant-specific bond or increase financial assurance if required.
Surety notice to lessee or ROW/RUE grant holder and MMS within 5business days after initiating insolvency or bankruptcy proceeding,
or Treasury decertifies surety.
In lieu of surety bond, pledge other types of securities, including authority for MMS to sell and use proceeds.
Provide annual certified statements describing the nature and market
value, including brokerage firm statements/reports.
Demonstrate financial worth/ability to carry out present and future financial obligations, annual updates, and related or subsequent actions/records/reports, etc.
Provide third-party indemnity; financial information/statements; additional bond info; executed guarantor agreement and supporting information/documentation.
Guarantor/Surety requests MMS terminate period of liability and notifies lessee or ROW/RUE grant holder, etc.
In lieu of surety bond, request authorization to establish decommissioning account, including written authorizations and approvals associated with account.
Notify MMS promptly of lapse in bond or other security/action filed alleging lessee, surety or guarantor et al. is insolvent or bankrupt.
Provide agreement from surety issuing new bond to assume all or
portion of outstanding liabilities.
Within 10 business days following MMS notice, lessee, grant holder,
or surety agrees to and demonstrates to MMS that lease will be
brought into compliance.
Burdens covered by information
collections approved for 30 CFR
Subchapter A.
10 min.
1.
1.
1.
1.
1.
5.
1.
1.
2.
1.
10.
10.
1.
2.
1.
3.
16.
Subpart F—Plans 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.
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** 600(a); 601(a), (b), (c); 605 thru
613.
** 600(b); 601(c), (d)(1);
618; 620 thru 629; 633.
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606(b);
17:06 Sep 22, 2009
Within 6 months after 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.
If requesting an operations term for 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.
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240.
1,000.
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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices
Hour burden
Section(s) in 30 CFR 285
Reporting and recordkeeping requirement
Non-hour cost burdens
** 600(c); 601(a), (b); 640 thru 648
** 601(d)(2); 622; 628(f); 632(b);
634.
602 1 ................................................
** 613(d), (e); 616 ............................
612(b); 647(b) .................................
614(a) ..............................................
614(b) ..............................................
614(c) ..............................................
617(a) ..............................................
627(c) ..............................................
631 ..................................................
633(b) ..............................................
634(a) ..............................................
635 ..................................................
636(a) ..............................................
636(b) ..............................................
636(c) ..............................................
** 642(b); 648(e); 655; 658(c)(3) .....
651 ..................................................
653(a) ..............................................
653(b) ..............................................
653(c) ..............................................
655(a) ..............................................
656 ..................................................
658(c)(1) ..........................................
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659 ..................................................
Within 6 months after 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.
Submit revised or modified COPs, including project easements, and
all required additional information.
Until MMS releases 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.
Submit revised or modified SAPs and required additional information
Noncompetitive leases must submit copy of SAP or GAP consistency
certification and supporting documentation.
Notify MMS in writing within 30 days of completion of construction
and installation activities under SAP.
Submit annual report summarizing findings from site assessment activities.
Submit annual, or at other time periods as MMS determines, SAP
compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.
Notify MMS in writing before conducting any activities not approved,
or provided for, in SAP; provide additional information if requested.
Include oil spill response plan as required by part 254. .......................
Request deviation from approved COP schedule .................................
Submit annual, or at other time periods as MMS determines, COP
compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.
Notify MMS in writing before conducting any activities not approved
or provided for in COP, and provide additional information if requested.
Notify MMS any time commercial operations cease without an approved suspension.
Notify MMS in writing no later than 30 days after commencing activities associated with placement of facilities on lease area.
Notify MMS in writing no later than 30 days after completion of construction and installation activities.
Notify MMS in writing at least 7 days before commencing commercial
operations.
Submit revised or modified GAPs and required additional information
Before beginning 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.
Notify MMS in writing within 30 days of completing installation activities under the GAP.
Submit annual report summarizing findings from activities conducted
under approved GAP.
Submit annual, or at other time periods as MMS determines, GAP
compliance certification, recommendations, reports, etc.
Notify MMS in writing before conducting any activities not approved
or provided for in GAP, and provide additional information if requested.
Notify MMS if at any time approved GAP activities cease without an
approved suspension.
If after construction, 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.
Determine appropriate 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.
240.
50.
2.
50.
1.
1.
30.
40.
10.
Burden covered 30 CFR part 254,
1010–0091.
2.
80.
10.
1.
1.
1.
1.
50.
30.
1.
30.
40.
10.
1.
3.
70.
Subpart G—Facility 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.
VerDate Nov<24>2008
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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices
48593
Hour burden
Section(s) in 30 CFR 285
Reporting and recordkeeping requirement
Non-hour cost burdens
*** 700(a)(1), (b), (c); 701 ................
*** 700(a)(2); (b), (c); 702 ................
705(a)(3); 707; 712 .........................
705(a)(3); 708; 709; 710; 712 .........
705(a)(3); *** 711; 712 ....................
705(b) ..............................................
706 ..................................................
708(b)(2) ..........................................
709(a)(14); 710(a)(2), (e) 1 ..............
713(a) ..............................................
714 1 ................................................
Submit Facility Design Report, including 1 paper copy and 1 electronic copy of the cover letter, certification statement, and all required information (1–3 paper or electronic copies as specified).
Submit 1 paper copy and 1 electronic copy of a Fabrication and Installation Report, certification statement and all required information.
Certified Verification Agent (CVA) conducts 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.
CVA conducts independent 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.
CVA/project engineer monitors major 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.
Request waiver of CVA requirement in writing; lessee must demonstrate standard design and best practices.
Submit for approval with SAP, COP, or GAP, initial nominations for a
CVA or new replacement CVA nomination, and required information.
Lessee or grant holder notify MMS if modifications identified by CVA/
project engineer are accepted.
Make fabrication quality control, installation towing, and other records
available to CVA/project engineer for review (retention required by
§ 285.714).
Notify MMS within 10 business days after commencing commercial
operations.
Until MMS releases 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.
200.
160.
100.
100.
100.
100.
20.
15.
40.
16.
1.
1.
1.
100.
Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs,
COPs, and GAPs
801(c), (d) ........................................
801(e), (f) ........................................
802; 902(e) ......................................
802(b) ..............................................
803(d) ..............................................
804(b), (c) ........................................
810 ..................................................
813(b)(1) ..........................................
mstockstill on DSKH9S0YB1PROD with NOTICES
813(b)(2) ..........................................
813(b)(3) ..........................................
815(c) ..............................................
816 ..................................................
VerDate Nov<24>2008
17:06 Sep 22, 2009
Notify MMS if 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.
Submit information to 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.
Notify MMS of archaeological resource within 72 hours of discovery ..
If requested, conduct further archaeological investigations and submit
report.
If applicable, submit payment for MMS costs in carrying out National
Historic Preservation Act responsibilities.
If required, conduct additional surveys to define boundaries and
avoidance distances and submit report.
Submit safety management system description with the SAP, COP,
or GAP.
Report within 24 hours when any required safety equipment taken
out of service for more than 12 hours; provide written confirmation
if oral report.
Submit written confirmation when equipment removed from service
for greater than 60 days.
Notify MMS when equipment returned to service; provide written confirmation if oral notice.
When required, analyze cable, P/L, or facility damage or failures to
determine cause and as soon as available submit comprehensive
written report.
Submit plan of 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.
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1.
6.
3.
10.
.5.
15.
35.
.5.
1.
.5.
1.5.
2.
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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices
Hour burden
Section(s) in 30 CFR 285
Reporting and recordkeeping requirement
Non-hour cost burdens
822(a)(2)(iii), (b); 824(a) 1 ...............
823 ..................................................
824(a) ..............................................
824(b) ..............................................
825 ..................................................
830(a), (b), (c); 831 thru 833 ..........
830(d) ..............................................
Until MMS releases 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.
Request reimbursement within 90 days for food, quarters, and transportation provided to MMS reps during inspection.
Develop annual self inspection plan covering all facilities; retain with
records, and make available to MMS upon request.
Conduct annual self inspection and submit report by November 1 ......
Based on API RP 2A–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.
Immediately report incidents to MMS via oral communications, submit
written follow-up report within 15 business days after the incident,
and submit any required additional information.
Report oil spills as required by part 254. ..............................................
1.
2.
24.
36.
60.
Oral—.5.
Written—4.
Burden covered by 1010–0091, 30
CFR part 254.
Subpart I—Decommissioning
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); 905, 906;
907; 908(c); 909.
902(d); 908 ......................................
910 ..................................................
912 ..................................................
Submit for approval 1 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.
Notify MMS at least 60 days before commencing decommissioning
activities.
Within 60 days after removing a facility, verify to MMS that site is
cleared.
Within 60 days after removing a facility, cable, or pipeline, submit a
written report.
20.
1.
1.
8.
We don’t anticipate decommissioning activities for at least 5 years so the requirements have been given a minimal burden.
Subpart J—RUEs for Energy and Marine-Related Activities Using Existing OCS Facilities
1004, 1005, 1006 ............................
1007(a), (b), (c) ...............................
1007(c) ............................................
1007(f) .............................................
1010(c) ............................................
1012; 1016(b) ..................................
1013 ................................................
mstockstill on DSKH9S0YB1PROD with NOTICES
1015 ................................................
Contact owner of 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.
Submit indication of competitive interest in response to Federal Register notice.
Submit description of proposed activities and required information in
response to Federal Register notice of competitive offering.
Lessee or owner of facility submits decision to accept or reject proposals deemed acceptable by MMS.
Request renewal of Alternate Use RUE ................................................
Provide financial assurance as MMS determines in approving RUE
for an existing facility, including additional security if required.
Submit request for assignment of an alternative use RUE for an existing facility, including all required information.
Request relinquishment of RUE for an existing facility .........................
1.
4.
5.
1.
6.
1.
1.
1.
30 CFR Parts 250 & 290 Proposed Revisions
250.1730 .........................................
250.1731(c) .....................................
250.290.2 ........................................
1 Retention
VerDate Nov<24>2008
Request departure from requirement to remove a platform or other
facility.
Request deferral of facility removal subject to RUE issued under this
subpart.
Request reconsideration of an MMS decision concerning a lease bid
Burden covered by 1010–0142, 30
CFR 250, subpart Q.
1.
Requirement not considered IC
under 5 CFR 1320.3(h)(9).
of these records is usual and customary business practice; the burden is primarily to make them available to MMS and CVAs.
17:06 Sep 22, 2009
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mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices
Estimated Reporting and
Recordkeeping Non-Hour Cost Burden:
There are three non-hour cost burdens
to industry. They are as follows:
• § 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.
• § 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 non-hour cost burden of
this payment could range from $100,000
to $2,000,000; therefore, we are
estimating the cost at $950,000.
• § 285.417(b)—$950,000: This
section requires respondents to pay for
a site-specific study to evaluate the
cause of harm or damage to natural
resources, and submit a report to MMS.
We estimate the non-hour 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 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 nonhour 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,
VerDate Nov<24>2008
17:06 Sep 22, 2009
Jkt 217001
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: September 16, 2009.
William S. Hauser,
Acting Chief, Office of Offshore Regulatory
Programs.
[FR Doc. E9–22834 Filed 9–22–09; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2009–N174; 92220–1113–
0000–C6]
Endangered and Threatened Wildlife
and Plants; Draft Post-Delisting
Monitoring Plan for the Concho Water
Snake
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of draft
post-delisting monitoring plan.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
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48595
availability of our Post-Delisting
Monitoring Plan for the Concho water
snake (Nerodia paucimaculata). The
draft post-delisting monitoring (PDM)
plan describes the methods we propose
to monitor the status of the snake and
its habitat, in cooperation with the State
of Texas and other conservation
partners, for a 15-year period if we
remove this species from the Federal list
of endangered and threatened wildlife
under another pending action. The draft
PDM plan also provides a strategy for
identifying and responding to any future
population declines or habitat
alterations.
DATES: To ensure consideration, please
send your written comments on the
draft PDM plan for Concho water snake
by October 23, 2009.
ADDRESSES: The draft PDM plan is
available for review on the Internet at
https://endangered.fws.gov and https://
www.fws.gov/southwest/es/
AustinTexas/. To request a copy of the
draft PDM plan, write to U.S. Fish and
Wildlife Service, Austin Ecological
Services Field Office, 10711 Burnet
Road, Suite 200, Austin, TX 78758;
telephone 512–490–0057; facsimile
512–490–0974. Supporting
documentation we used in preparing the
draft PDM plan is available for public
inspection, by appointment, during
normal business hours, at the above
office. You may submit comments by
mail to the above office address.
FOR FURTHER INFORMATION CONTACT:
Adam Zerrenner, Field Supervisor, U.S.
Fish and Wildlife Service, Austin
Ecological Services Field Office (see
ADDRESSES). If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800/877–8339.
SUPPLEMENTARY INFORMATION:
Background
The Concho water snake is a reptile
endemic to central Texas. We listed this
species as threatened under the
Endangered Species Act of 1973, as
amended (Act; 16 U.S.C. 1531 et seq.),
effective September 3, 1986, because of
threats from habitat modification and
destruction (51 FR 31412). On July 8,
2008, we published a proposed rule to
remove the Concho water snake from
the list of threatened species (73 FR
38956). We based the proposal on our
finding that the best available scientific
and commercial data, including new
information, indicate that the Concho
water snake has recovered because
threats have been eliminated or reduced
to the point that the species no longer
meets the definition of threatened or
endangered under the Act. We are in the
E:\FR\FM\23SEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Pages 48588-48595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22834]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS-2009-OMM-0012]
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
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of extension of an information collection (1010-0176).
-----------------------------------------------------------------------
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 MMS-0002, MMS-0003, MMS-0004, MMS-0005, and MMS-0006. These forms
will entail no additional information collection burden to that already
approved by OMB for the 30 CFR 285 regulations.
DATES: Submit written comments by November 23, 2009.
FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and
Standards Branch at (703) 787-1607. You may also contact Cheryl Blundon
or Timothy Redding (703) 787-1219, 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.
ADDRESSES: Follow the instructions under ``Electronically'' to view or
print out the forms that are attached in the supporting and related
materials section of the docket. You may submit comments by either of
the following methods listed below:
Electronically: go to https://www.regulations.gov. In the
entry titled ``Select Document Type'', click Notice in the drop down
menu. In the entry titled, ``Enter Keyword or ID,'' enter docket ID
MMS-2009-OMM-0012, then click Search. Look for the subject Information
Collection notice and under the Actions column on the right, click the
``submit a comment'' button. Include your name and return address in
your comment. 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 1010-0176 in your subject line and mark your
message for return receipt. Include your name and return address in
your comment text.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 285, Renewable Energy and Alternate Uses of Existing
Facilities on the Outer Continental Shelf.
Form(s): MMS-0002, MMS-0003, MMS-0004, MMS-0005, and MMS-0006.
OMB Control Number: 1010-0176.
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 rights-of-way
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. 109-58), 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 pollution-free 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 right-of-way (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 MMS-0002, MMS-0003, MMS-0004,
MMS-0005, and MMS-0006.
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 energy-related uses of the OCS; certified verification
agents (CVAs); and surety or third-party 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 Non-hour cost
requirement burdens
------------------------------------------------------------------------
Subpart A--General Provisions
------------------------------------------------------------------------
102; 105; 110................. These sections contain general
references to submitting comments,
requests, applications, plans, notices,
reports, and/or supplemental
information for MMS approval--burdens
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 B--Issuance 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 C--ROW 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 D--Lease 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 MMS-0006......... If designated operator 1.
(DO) changes, notify
MMS and identify new
DO for MMS approval.
408 thru 411; Forms MMS-0002 Within 90 days after 1 (30 minutes
and MMS-0003. 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
site-specific 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 MMS-0004................. 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 E--Payments 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
lease--use 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
lease-specific 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 MMS-0005................. $300,000 minimum
limited lease or
grant-specific bond
or increase financial
assurance if required.
525(g)........................ Surety notice to 1.
lessee or ROW/RUE
grant holder and MMS
within 5-business
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 third-party 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 F--Plans 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, 1010-0091.
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 G--Facility 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
(1-3 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 H--Environmental 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 Written--4.
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 1010-0091,
30 CFR part
254.
------------------------------------------------------------------------
Subpart I--Decommissioning
------------------------------------------------------------------------
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.
------------------------------------
