Information Collection: Oil Spill Financial Responsibility for Offshore Facilities; Submitted for OMB Review; Comment Request, 66763-66765 [2013-26591]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Ocean Energy Management

[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Pages 66763-66765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26591]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[OMB Number 1010-0106] [MMAA104000]


Information Collection: Oil Spill Financial Responsibility for 
Offshore Facilities; Submitted for OMB Review; Comment Request

ACTION: 30-Day notice.

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), the 
Bureau of Ocean Energy Management (BOEM) is notifying the public that 
we have submitted an information collection request (ICR) to the Office 
of Management and Budget (OMB) for review and approval. The information 
collection request (ICR) concerns the paperwork requirements for 30 CFR 
553, Oil Spill Financial Responsibility for Offshore Facilities, as 
well as the revised forms. This notice provides the public a second 
opportunity to comment on the paperwork burden of this collection.

DATES: Submit written comments by December 6, 2013

ADDRESSES: Submit comments on this ICR to the Desk Officer for the 
Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or 
OIRA_submission@omb.eop.gov (email). Please provide a copy of your 
comments to the BOEM Information Collection Clearance Officer, Arlene 
Bajusz, Bureau of Ocean Energy Management, 381 Elden Street, HM-3127, 
Herndon, Virginia 20170 (mail) or arlene.bajusz@boem.gov (email). 
Please reference ICR 1010-0106 in your comment and include your name 
and return address.

FOR FURTHER INFORMATION CONTACT: Arlene Bajusz, Office of Policy, 
Regulations, and Analysis at (703) 787-1025 (phone). You may review the 
ICR and revised forms online at https://www.reginfo.gov. Follow the 
instructions to review Department of the Interior collections under 
review by OMB.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 1010-0106.
    Title: 30 CFR 553, Oil Spill Financial Responsibility for Offshore 
Facilities.
    Forms: BOEM-1016 through 1023 and BOEM-1025.
    Abstract: This information collection request addresses the 
regulations at 30 CFR 553, Oil Spill Financial Responsibility (OSFR) 
for Offshore Facilities, including any supplementary notices to lessees 
and operators that provide clarification, description, or explanation 
of these regulations, and

[[Page 66764]]

forms BOEM-1016 through 1023 and BOEM-1025.
    The BOEM uses the information collected under 30 CFR 553 to verify 
compliance with section 1016 of the Oil Pollution Act, as amended 
(OPA). The information is necessary to confirm that applicants can pay 
for cleanup and damages resulting from oil spills and other hydrocarbon 
discharges that originate from Covered Offshore Facilities (COFs).
    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 550.197, ``Data and information to be made available to the public 
or for limited inspection.'' No items of a sensitive nature are 
collected. Responses are mandatory.
    Frequency: On occasion or annual.
    Description of Respondents: Holders of leases, permits, and rights 
of use and easement in the Outer Continental Shelf and in State coastal 
waters who will appoint designated applicants. Other respondents will 
be the designated applicants' insurance agents and brokers, bonding 
companies, and guarantors. Some respondents may also be claimants.
    Estimated Reporting and Recordkeeping Hour Burden: The estimated 
annual hour burden for this collection is 22,132 hours. The following 
table details the individual components and respective hour burden 
estimates of this ICR.

                                                Burden Breakdown
----------------------------------------------------------------------------------------------------------------
                                                                                  Average number
        Citation 30 CFR 553             Reporting requirement*      Hour burden      of annual     Annual burden
                                                                                     reponses          hours
----------------------------------------------------------------------------------------------------------------
Various sections...................    The burdens for all references to submitting evidence of                0
                                       OSFR, as well as required or supporting information, are
                                                     covered with the forms below.
----------------------------------------------------------------------------------------------------------------
                                        Applicability and Amount of OSFR
----------------------------------------------------------------------------------------------------------------
11(a)(1); 40; 41...................  Form BOEM-1016--Designated                1             200             200
                                      Applicant Information
                                      Certification.
11(a)(1); 40; 41...................  Form BOEM-1017--Appointment               9             600           5,400
                                      of Designated Applicant.
11(a)(2)...........................  Form BOEM-1025--Independent               1             200             200
                                      Designated Applicant
                                      Information Certification.
12.................................  Request for determination                 2               5              10
                                      of OSFR applicability.
                                      Provide required and
                                      supporting information.
15.................................  Notify BOEM of change in                  1               1               1
                                      ability to comply.
15(f)..............................  Provide claimant written                  1              15              15
                                      explanation of denial.
                                                                 -----------------------------------------------
    Subtotal.......................  ...........................  ..............           1,021           5,826
----------------------------------------------------------------------------------------------------------------
                                         Methods for Demonstrating OSFR
----------------------------------------------------------------------------------------------------------------
21; 22; 23; 24; 26; 27; 30; 40; 41;  Form BOEM-1018--Self-                     1              50              50
 43.                                  Insurance Information,
                                      including renewals.
                                     Form BOEM-1023--Financial               1.5              25              38
                                      Guarantee.
29; 40; 41; 43.....................  Form BOEM-1019--Insurance               120             120          14,400
                                      Certificate.
31; 40; 41; 43.....................  Form BOEM-1020--Surety Bond              24               4              96
32.................................  Proposal and supporting                 120               1             120
                                      information for
                                      alternative method to
                                      evidence OSFR (anticipate
                                      no proposals, but
                                      regulations provide the
                                      opportunity).
                                                                 -----------------------------------------------
    Subtotal.......................  ...........................  ..............             200          14,704
----------------------------------------------------------------------------------------------------------------
                                  Requirements for Submitting OSFR Information
----------------------------------------------------------------------------------------------------------------
40; 41; 43.........................  Form BOEM-1021--Covered                   6             200           1,200
                                      Offshore Facilities.
40; 41; 42.........................  Form BOEM-1022--Covered                   1             400             400
                                      Offshore Facility Changes.
                                                                 -----------------------------------------------
    Subtotal.......................  ...........................  ..............             600           1,600
----------------------------------------------------------------------------------------------------------------
                                 Claims for Oil-Spill Removal Costs and Damages
----------------------------------------------------------------------------------------------------------------
Subpart F..........................      Claims: BOEM is not involved in the claims process.                   0
                                         Assessment of burden for claims against the Oil Spill
                                        Liability Trust Fund (30 CFR parts 135, 136, 137) falls
                                           under the responsibility of the U.S. Coast Guard.
----------------------------------------------------------------------------------------------------------------
60(d)..............................  Claimant request for BOEM                 2               1               2
                                      assistance to determine
                                      whether a guarantor may be
                                      liable for a claim.
                                                                 -----------------------------------------------
    Subtotal.......................  ...........................  ..............               1               2
                                                                 -----------------------------------------------
        Total Burden...............  ...........................  ..............           1,822         22,132
----------------------------------------------------------------------------------------------------------------
* In the future, BOEM may require specified electronic filing of financial/bonding submissions.


[[Page 66765]]

    In this renewal, BOEM is splitting the function of some forms and 
revising others to clarify the responsibilities and financial 
obligations of responsible parties and applicants, as described in the 
Outer Continental Shelf Lands Act, and to better align the terminology 
and liability with the provisions of OPA. These revisions will better 
protect the Federal Government from potential disputes and litigation 
by clarifying that the primary relationship is between the responsible 
party and guarantor and that the designated applicant/operator is 
intended to function primarily in an administrative capacity.
    The revised forms can be viewed online at https://www.reginfo.gov or 
in the August 6, 2013, Federal Register notice (78 FR 47724).
    Form BOEM-1016, Designated Applicant Information Certification. 
This form remains essentially the same except for updating the choices 
of forms and clarifying the administrative role of the designated 
applicant. No change in the 1-hour burden is expected.
    Form BOEM-1017, Appointment of Designated Applicant. This form 
remains essentially the same except for changing the title, clarifying 
the administrative role of the designated applicant, and adding a 
column to record depth ranges, when applicable. No change in the 9-hour 
burden is expected.
    Form BOEM-1018, Self-Insurance Information. The original form posed 
potential confusion because it served two purposes, both to provide 
evidence of self-insurance (for responsible parties) and as an 
indemnity (executed by persons other than the responsible party). Thus, 
the form has been split into two forms (BOEM-1018 and BOEM-1023). BOEM-
1018 focuses on self-insurance only and is reworded to more closely 
align with the requirements of OPA, adding an agreement to update/renew 
expiring or terminated instruments and a signature section. No change 
in the 1-hour burden is expected.
    Form BOEM-1019, Insurance Certificate. The language and agreements 
in this form have been reworded for compliance with OPA, to clarify 
that the insurer is responsible for OPA liabilities of the responsible 
parties, and to add an agreement to update/renew expiring or terminated 
instruments. No change in the 120-hour burden is expected.
    Form BOEM-1020, Surety Bond. The language and agreements in this 
form have been reworded for compliance with OPA, to clarify that the 
Surety is responsible for OPA liabilities of the responsible parties, 
and to add an agreement to update/renew expiring or terminated 
instruments. No change in the 24-hour burden is expected.
    Forms BOEM-1021, Covered Offshore Facilities, and BOEM-1022, 
Covered Offshore Facility Changes. These forms remain essentially the 
same except for rewording of the subtitles to match the other forms and 
adding a provision for rights-of-way. There is no change in the 1-hour 
burden for BOEM-1022; however, based on respondent input we are 
increasing the burden for BOEM-1021 from 3 to 6 hours.
    Form BOEM-1023, Financial Guarantee. This new form replaces the 
indemnity agreement (previously part of BOEM-1018) with a provision 
that an affiliated firm, such as a corporate parent, may promise to 
satisfy any claims against the responsible parties. It also adds an 
agreement to update/renew expiring or terminated instruments and a 
signature section. The hour burden is estimated as 1.5 hours.
    Form BOEM-1025, Independent Designated Applicant Information 
Certification. This new form allows a designated applicant, who is not 
also a responsible party, to continue to agree to be jointly and 
severally liable under OPA until BOEM promulgates regulations that will 
repeal this requirement. We estimate the burden hour to be 1 hour.
    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have 
identified no reporting and recordkeeping 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: Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, et 
seq.) 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 
collection is necessary or useful; (b) evaluate the accuracy of the 
burden estimates; (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 technology.
    To comply with the public consultation process, on May 1, 2013, 
BOEM published a Federal Register notice (78 FR 25472) announcing that 
we would submit this ICR to OMB for approval. On August 6, 2013, we 
published a supplementary notice (78 FR 47724) requesting public 
comment on the revised forms. These notices each provided the required 
60-day comment period. We received one comment from the Marine Mammal 
Commission, which expressed support for BOEM's required information 
collection as part of a comprehensive Federal/State oil spill response 
program.
    Public Availability of Comments: Before including your address, 
phone number, email 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.

    Dated: October 24, 2013.
Deanna Meyer-Pietruszka,
Chief, Office of Policy, Regulations, and Analysis.
[FR Doc. 2013-26591 Filed 11-5-13; 8:45 am]
BILLING CODE 4310-MR-P