Agency Information Collection Activities; Commercial Prospecting, Noncommercial Exploration, and Scientific Research for Minerals Other Than Oil, Gas, and Sulfur on the Outer Continental Shelf, 52501-52505 [2024-13710]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Notices State governments, and OCS mineral lessees. Total Estimated Number of Annual Responses: 11 responses. Total Estimated Number of Annual Burden Hours: 1,004 hours. Respondent’s Obligation: Required to retain or obtain a benefit. Frequency of Collection: On occasion. Total Estimated Annual Non-hour Cost Burden: $50 non-hour cost burden. The current approved annual burden hours are equal to 984 hours and the annual responses are equal to 10. Tie bid requirements would involve more than one respondent, so BOEM plans to increase this by one response and 20 annual burden hours. This information collection request increases burdens to 1,004 and annual responses to 11 due to the potential of tie bids. BOEM assumed that respondents perform certain requirements in the normal course of their activities. BOEM considers such requirements to be usual and customary and took that into account in estimating the burden. A Federal Register notice with a 60day public comment period on the proposed ICR was published on March 5, 2024 (89 FR 15890). BOEM received one comment opposing leasing for minerals on the OCS. This comment does not change the purpose of or need for the ICR, nor does it affect the cost or hour burden. BOEM is again soliciting comments on the proposed ICR. BOEM is especially interested in public comments addressing the following issues: (1) is the collection necessary to the proper functions of BOEM; (2) what can BOEM do to ensure that this information is processed and used in a timely manner; (3) is the burden estimate accurate; (4) how might BOEM enhance the quality, utility, and clarity of the information to be collected; and (5) how might BOEM minimize the burden of this collection on the respondents, including minimizing the burden through the use of information technology? Comments that you submit in response to this notice are a matter of public record and will be available for public review on www.reginfo.gov. BOEM will include or summarize each comment in its ICR to OMB for approval of this information collection. You should be aware that your entire comment—including your address, phone number, email address, or other personally identifiable information included in your comment—may be made publicly available at any time. Even if BOEM withholds your personally identifiable information in the context of this ICR, your comment VerDate Sep<11>2014 18:55 Jun 21, 2024 Jkt 262001 is subject to the Freedom of Information Act (FOIA) (5 U.S.C. 552). Your information will only be withheld if a determination is made that one of the FOIA exemptions to disclosure applies. Such a determination will be made in accordance with the Department of the Interior’s (DOI) FOIA implementing regulations (43 CFR part 2) and applicable law. For BOEM to consider withholding from disclosure your personally identifiable information, you must identify, in a cover letter, any information contained in the submittal of your comments that, if released, would constitute a clearly unwarranted invasion of your personal privacy. You must also briefly describe any possible harmful consequences of the disclosure of information, such as embarrassment, injury, or other harm. BOEM will make available for public inspection, in their entirety, all comments submitted by organizations and businesses, or by individuals identifying themselves as representatives of organizations or businesses. BOEM protects proprietary information in accordance with the Freedom of Information Act (5 U.S.C. 552), DOI’s implementing regulations (43 CFR part 2), and 30 CFR part 581.7, promulgated pursuant to the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1352(c)). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Karen Thundiyil, Chief, Office of Regulations, Bureau of Ocean Energy Management. [FR Doc. 2024–13711 Filed 6–21–24; 8:45 am] BILLING CODE 4340–98–P DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [OMB Control Number 1010–0072; Docket ID: BOEM–2024–0007] Agency Information Collection Activities; Commercial Prospecting, Noncommercial Exploration, and Scientific Research for Minerals Other Than Oil, Gas, and Sulfur on the Outer Continental Shelf Bureau of Ocean Energy Management, Interior. ACTION: Notice of information collection; request for comment. AGENCY: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 52501 In accordance with the Paperwork Reduction Act of 1995, the Bureau of Ocean Energy Management (BOEM) proposes this information collection request (ICR) to renew Office of Management and Budget (OMB) control number 1010–0072. DATES: Comments must be received by BOEM no later than August 23, 2024. ADDRESSES: Send written comments on this ICR by mail to the BOEM Information Collection Clearance Officer, Anna Atkinson, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, Virginia 20166; or by email to anna.atkinson@ boem.gov. Please reference OMB control number 1010–0072 in the subject line of your comments. You may comment on the ICR and view related documents by searching for the docket number ‘‘BOEM–2024–0007’’ at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Anna Atkinson by email at anna.atkinson@boem.gov, or by telephone at 703–787–1025. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside of the United States should use the relay services offered within their country to make international calls to the point of contact in the United States. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, BOEM provides the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps BOEM assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand BOEM’s information collection requirements and provide the requested data in the desired format. BOEM is soliciting comments on the proposed ICR described below. BOEM is especially interested in public comments addressing the following issues: (1) is the collection necessary to the proper functions of BOEM; (2) what can BOEM do to ensure that this information is processed and used in a timely manner; (3) is the burden estimate accurate; (4) how might BOEM enhance the quality, utility, and clarity of the information to be collected; and (5) how might BOEM minimize the burden of this collection on the respondents, including minimizing the burden through the use of information technology? SUMMARY: E:\FR\FM\24JNN1.SGM 24JNN1 lotter on DSK11XQN23PROD with NOTICES1 52502 Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Notices Comments that you submit in response to this notice are a matter of public record. BOEM will include or summarize each comment in its ICR to OMB for approval of this information collection. You should be aware that your entire comment—including your address, phone number, email address, or other personally identifiable information included in your comment—may be made publicly available at any time. Even if BOEM withholds your personally identifiable information in the context of this ICR, your comment is subject to the Freedom of Information Act (FOIA) (5 U.S.C. 552). Your information will only be withheld if a determination is made that one of the FOIA exemptions to disclosure applies. Such a determination will be made in accordance with the Department of the Interior’s (DOI) FOIA implementing regulations (43 CFR part 2) and applicable law. In order for BOEM to consider withholding from disclosure your personally identifiable information, you must identify, in a cover letter, any information contained in the submittal of your comments that, if released, would constitute a clearly unwarranted invasion of your personal privacy. You must also briefly describe any possible harmful consequences of the disclosure of information, such as embarrassment, injury, or other harm. Note that BOEM will make available for public inspection, in their entirety, all comments submitted by organizations and businesses, or by individuals identifying themselves as representatives of organizations or businesses. BOEM protects proprietary information in accordance with FOIA, DOI’s implementing regulations (43 CFR part 2), and 30 CFR part 580.70, promulgated pursuant to the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1352(c)). Title of Collection: Commercial Prospecting, Noncommercial Exploration, and Scientific Research for Minerals Other Than Oil, Gas, and Sulfur on the Outer Continental Shelf (Applicable, in part, to 30 CFR part 580). Abstract: This ICR covers the information collection requirements in 30 CFR part 580, ‘‘Prospecting for Minerals Other than Oil, Gas, and Sulphur 1 on the Outer Continental Shelf [OCS],’’ which involves 1 BOEM acknowledges that the generally and scientifically accepted spelling for this compound is sulfur. Throughout this notice, BOEM uses the spelling consistent with its current regulations. VerDate Sep<11>2014 18:55 Jun 21, 2024 Jkt 262001 commercial prospecting and scientific research. This request also includes information collection requirements related to authorizations of noncommercial geological and geophysical (G&G) exploration issued pursuant to section 11 of the OCS Lands Act. 43 U.S.C. 1340. Section 11(a)(1) of the OCS Lands Act states that ‘‘any person authorized by the Secretary [of the Interior] may conduct geological and geophysical explorations in the [O]uter Continental Shelf, which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this subchapter, and which are not unduly harmful to aquatic life in such area.’’ 43 U.S.C. 1340(a)(1). The OCS Lands Act defines the term ‘‘exploration’’ to mean the process of searching for minerals by, among other things, ‘‘geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals.’’ 43 U.S.C. 1331(k). Section 11(g) authorizes permits or authorizations for geological exploration only if the Secretary determines that the applicant is qualified and the exploration will not interfere with operations on an existing lease, unduly harm aquatic life in the area, result in pollution, create hazardous or unsafe conditions, unreasonably interfere with other uses of the area, nor disturb any site, structure, or object of historical or archaeological significance. 43 U.S.C. 1340(g). BOEM considers applications for commercial prospecting and noncommercial exploration for marine minerals, as well as scientific research related to marine minerals. Under 30 CFR part 580, G&G prospecting by any person on unleased lands or on lands leased to a third party requires a BOEM permit. A permit also is required to conduct scientific research activities that involve the use of solid or liquid explosives, the drilling of a deep stratigraphic test, or the development of data and information for proprietary use or sale. 30 CFR 580.11(a). Otherwise, G&G activities conducted for scientific or academic purposes require only the submission of a scientific research notice. 30 CFR 580.11(b). G&G activities are also conducted for noncommercial exploration purposes and may include, for example, searching for sand, gravel, and other sources of sediment for potential use in qualifying beach nourishment and coastal restoration projects. See 43 U.S.C. 1337(k). Because 30 CFR part 580 does not apply to noncommercial exploration, such G&G activities would be authorized directly PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 pursuant to section 11 of the OCS Lands Act. As a Federal agency, BOEM must comply with the National Environmental Policy Act (42 U.S.C. 4321 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), and National Historic Preservation Act (54 U.S.C. 300101 et seq.), among other laws. Compliance with the Endangered Species Act requires BOEM to carry out any agency action in a manner that is not likely to jeopardize protected species or adversely modify designated critical habitat and to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service, as applicable, before engaging in a discretionary action that may affect a protected species. Applicants must submit Form BOEM– 0134, ‘‘Requirements for Geological and Geophysical Prospecting, Exploration, or Scientific Research on the Outer Continental Shelf Related to Minerals Other than Oil, Gas, and Sulphur,’’ to provide the information necessary to evaluate their requests to conduct G&G activities for commercial prospecting, noncommercial exploration, and certain scientific research activities that do not involve explosives, deep stratigraphic drilling, or proprietary interests in the collected data. BOEM uses the submitted information for several purposes: (1) to ensure there will be neither adverse effects to the marine, coastal, or human environment, personal harm, unsafe operations and conditions, nor unreasonable interferences with other uses; (2) to enhance personal and operational safety; (3) to analyze and evaluate preliminary or planned mining activities; (4) to monitor progress and activities on the OCS; (5) to acquire G&G data and information collected under a Federal permit or authorization; and (6) to determine eligibility for reimbursement from the Government for certain costs. Upon approval, BOEM issues applicants a permit or an authorization (as currently titled Form BOEM–0135, ‘‘Permit for Geophysical Prospecting, Authorization for Noncommercial Geophysical Exploration, or Permit for Scientific Research for Minerals Other than Oil, Gas, and Sulphur on the Outer Continental Shelf,’’ or Form BOEM– 0136, ‘‘Permit for Geological Prospecting, Authorization for Noncommercial Geological Exploration, or Permit for Scientific Research for Minerals Other than Oil, Gas, and Sulphur on the Outer Continental Shelf’’). BOEM may use the information collected during G&G activities to E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Notices understand the characteristics of marine mineral-bearing physiographic regions of the OCS. The information aids BOEM in analyzing and weighing the potential for environmental damage, the discovery of marine minerals, and any associated impacts on adjacent coastal States. OMB Control Number: 1010–0072. Form Number: BOEM–0134, ‘‘Requirements for Geological and Geophysical Prospecting, Exploration, or Scientific Research on the OCS Related to Minerals Other than Oil, Gas, and Sulphur.’’ The following forms are the permit forms issued by BOEM based on information provided in BOEM–0134: BOEM–0135, ‘‘Permit for Geophysical Prospecting, Authorization for Noncommercial Geophysical Exploration, or Permit for Scientific Research for Minerals Other than Oil, Gas, and Sulphur on the Outer Continental Shelf.’’ BOEM–0136, ‘‘Permit for Geological Prospecting, Authorization for Noncommercial Geological Exploration, or Permit for Scientific Research for Minerals Other than Oil, Gas, and 52503 to 72 hours, due to an increase in the estimated time needed to file a notice to conduct scientific research activities related to hard minerals (+48 hours). • For subpart D, BOEM is increasing annual burden hours from 40 hours to 96 hours, due to an increase in the estimated time per response and an increase in the number of submissions for notification and submission of G&G data from 5 submissions to 6 (+56 hours). BOEM is also decreasing annual burden hours from 8 hours to 4 hours, due to a reduction in the number of submissions of information related to a contractor’s commitment not to sell, trade, license, or disclose data from 2 submissions to 1 (¥4 hours). • BOEM is also decreasing annual burden hours from 6 hours to 2 hours, due to a decrease in the number of respondents being required by the issued permits to retain G&G data from 6 respondents to 2. (¥4 hours) BOEM assumed that respondents perform certain requirements in the normal course of their activities and took that into account in estimating the burden. Sulphur on the Outer Continental Shelf.’’ Type of Review: Renewal of a currently approved collection. Respondents/Affected Public: Permittees, applicants, and other respondents, including those required to only file notices (scientific research). Total Estimated Number of Annual Responses: 45 responses. Total Estimated Number of Annual Burden Hours: 826 hours. Respondent’s Obligation: Mandatory or required to retain or obtain a benefit. Frequency of Collection: On occasion, annual, or as specified in permits. Total Estimated Annual Non-hour Burden Cost: $4,024 non-hour cost burden. The following table details the individual components and respective annual burden estimates of this ICR. The current approved annual burden hours are equal to 730 hours. This ICR increases annual burdens by 96 hours to a total of 826 hours, based on BOEM’s recent collection of data and information. The changes in annual burden hours include the following: • For subpart B, BOEM is increasing the annual burden hours from 24 hours BURDEN TABLE Citation 30 CFR part 580, as applicable Reporting and recordkeeping requirements Average number of annual responses Hour burden Annual burden hours Non-hour cost burden 1 Subpart B 10; 11(a); 12(a); 13; Permit Form. Apply for permit or authorization (Form BOEM–0134) to conduct commercial prospecting/noncommercial exploration or G&G scientific research activities, including prospecting/scientific research plan and environmental assessment or required drilling plan. Provide notifications and additional information as required. 88 2 permit applications .......... 4 applications for authorization. 176 352 $2,012 permit application fee 1 × 2 permits 2 = $4,024 11(b); 12(c) ............................. File notice to conduct scientific research activities related to hard minerals not covered by 30 CFR 580.11(a), including notice to BOEM prior to beginning and after concluding activities. 24 3 notices ............................. 72 Subtotal ............................ ............................................................................ ........................ 9 Responses ...................... 600 $4,024 Non-Hour Cost Burden lotter on DSK11XQN23PROD with NOTICES1 Subpart C 21(a) ........................................ VerDate Sep<11>2014 18:55 Jun 21, 2024 Report to BOEM if hydrocarbon/other mineral occurrences are detected; if environmental hazards that imminently threaten life and property are detected; or adverse effects occur to the environment, aquatic life, archaeological resources or other uses of the area. Jkt 262001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 1 2 reports ............................. E:\FR\FM\24JNN1.SGM 24JNN1 2 52504 Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Notices BURDEN TABLE—Continued Citation 30 CFR part 580, as applicable Reporting and recordkeeping requirements Average number of annual responses Hour burden Annual burden hours Non-hour cost burden 1 22 ............................................ 23(b) ........................................ 24 ............................................ 28 ............................................ Submit written request for approval to modify operations, with required information. Request reimbursement for food, quarters, and/or transportation expenses for BOEM inspection. Submit status and final reports on specified schedule with daily log. Request relinquishment of permit by certified or registered mail. 1 4 requests .......................... 4 1 3 requests .......................... 3 16 6 reports ............................. 96 1 1 request 3 .......................... 1 31(b); 73(a)(b) ......................... Governor(s) of adjacent State(s) submit to BOEM: comments on activities involving an environmental assessment; any agreement between Governor and Secretary upon Governor’s request for proprietary data, information, and samples; and any disclosure agreement. Not considered IC as defined in 5 CFR 1320.3(h)(4) 0 33, 34 ...................................... Appeal civil penalty; appeal order or decision .. Burden exempt under 5 CFR 1320.4(a)(2); (c) 0 Subtotal ............................ ............................................................................ ........................ 16 Responses .................... 106 Notify BOEM and submit G&G data including analysis, processing or interpretation of information collected under a permit and/or processed by permittees or 3rd parties, including reports, logs or charts, results, analyses, descriptions, etc., as required. Advise 3rd party recipient in writing that it assumes obligations as condition precedent of sale—no submission to BOEM is required. Written notification to BOEM of sale, trade, transfer, or licensing of data and identify recipient. Request reimbursement for costs of reproducing data/information and certain processing costs. Enter into disclosure agreement ....................... Submit comments on BOEM’s intent to disclose data/information for reproduction, processing, and interpretation. Independent contractor or agent prepares and signs written commitment not to sell, trade, license, or disclose data/information without BOEM approval. 16 6 submissions .................... 96 12 ⁄ 4 notices ............................. 2 1 1 notice ............................... 1 1 1 request 3 .......................... 1 4 4 1 agreement ....................... 1 response ......................... 4 4 4 1 submission ...................... 4 ............................................................................ ........................ 15 Responses .................... 112 4 1 request ............................ 4 1 2 requests .......................... 2 1 2 respondents .................... 2 ........................ 5 Responses ...................... 8 45 Responses .................... 826 Subpart D 40; 41; 50; 51; Permit Form ... 42(b); 52(b) ............................. 42(c), (d); 52(c), (d) ................ 60; 61 ...................................... 70(d)(1)(i) ................................ 72(b) ........................................ 72(d) ........................................ Subtotal ............................ General Part 580 .................................. lotter on DSK11XQN23PROD with NOTICES1 Permits 4 .................................. Permits 4 .................................. Subtotal ............................ General departure and alternative compliance requests not specifically covered elsewhere in Part 580 regulations. Request extension of permit/authorization time period. Retain G&G data/information for 10 years and make available to BOEM upon request. ............................................................................ Total Burden ...................... VerDate Sep<11>2014 18:55 Jun 21, 2024 Jkt 262001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Notices 52505 BURDEN TABLE—Continued Citation 30 CFR part 580, as applicable Reporting and recordkeeping requirements Average number of annual responses Hour burden Annual burden hours Non-hour cost burden 1 $4,024 Non-Hour Cost Burdens 1 Fees are subject to modification for inflation annually. permits, not authorizations, are subject to cost recovery. 3 No requests received for many years. Minimal burden for regulatory (PRA) purposes only. 4 These permits/authorizations are prepared by BOEM and sent to respondents; therefore, the forms themselves do not incur burden hours. 2 Only An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Karen Thundiyil, Chief, Office of Regulations, Bureau of Ocean Energy Management. [FR Doc. 2024–13710 Filed 6–21–24; 8:45 am] BILLING CODE 4340–98–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1349] Certain Components for Certain Environmentally-Protected LCD Digital Displays and Products Containing Same; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) on April 16, 2024, finding no violation of section 337 in the above referenced investigation. The Commission requests written submissions from the parties on certain issues under review, as indicated in this notice, and submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:55 Jun 21, 2024 Jkt 262001 FOR FURTHER INFORMATION CONTACT: Joelle P. Justus, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 617–1998. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. On January 10, 2023, the Commission instituted this investigation based on a complaint filed by Samsung Electronics Co., Ltd. of the Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; Samsung Research America, Inc. of Mountain View, California; and Samsung International, Inc. of Chula Vista, California (collectively, ‘‘Samsung’’). 88 FR 1404–05 (Jan. 10, 2023). The complaint alleged violations of section 337 based on the importation into the United States, the sale for importation, or the sale within the United States after importation of components for certain environmentally-protected LCD digital displays and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 7,948,575 (‘‘the ’575 patent’’); 8,111,348 (‘‘the ’348 patent’’); RE45,117 (‘‘the ’117 patent’’); 8,842,253 (‘‘the ’253 patent’’); and 8,223,311 (‘‘the ’311 patent’’). Id. The Commission’s notice of investigation named Manufacturing Resources International, Inc. (‘‘MRI’’) of Alpharetta, Georgia as the sole respondent. The Office of Unfair Import Investigations was not named as a party in this investigation. Id. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 On October 10, 2023, the Commission determined not to review an ID terminating the investigation as to all asserted claims of the ’575 patent; all asserted claims of the ’348 patent; claim 5 of the ’117 patent; claims 1, 10, 11, and 16–19 of the ’253 patent; and claims 1–3 and 7–12 of the ’311 patent. Order No. 22, unreviewed by Comm’n Notice (Oct. 10, 2023). On April 16, 2024, the presiding ALJ issued the final ID on violation of section 337 and a recommended determination (‘‘RD’’) on remedy and bond. The ID held that no violation of section 337 has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of components of certain environmentallyprotected LCD digital displays and products containing the same by reason of infringement of claims 1 and 2 of the ’117 patent, claims 4, 6, and 13 of the ’311 patent, and claim 12 of the ’253 patent. As to the ’117 patent, the final ID found the accused products infringe the asserted claims, the asserted claims are not invalid, and the domestic industry products practice the asserted claims. As to the ’311 patent, the final ID found the accused products do not infringe any of the asserted claims, the asserted claims are invalid for indefiniteness, and the domestic industry products practice the asserted claims (if valid). And with respect to the ’253 patent, the final ID found the accused products do not infringe the asserted claim, the asserted claim is invalid, and the domestic industry products do not practice the asserted claim (if valid). The final ID also found that the ’311 and ’253 patents are not unenforceable due to inequitable conduct or unclean hands. Finally, the final ID found that Samsung failed to satisfy the economic prong of the domestic industry requirement as to any of the asserted patents. Samsung filed a petition for review and MRI filed a contingent petition for review on April 29, 2024. The parties E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Notices]
[Pages 52501-52505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13710]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[OMB Control Number 1010-0072; Docket ID: BOEM-2024-0007]


Agency Information Collection Activities; Commercial Prospecting, 
Noncommercial Exploration, and Scientific Research for Minerals Other 
Than Oil, Gas, and Sulfur on the Outer Continental Shelf

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Bureau of Ocean Energy Management (BOEM) proposes this information 
collection request (ICR) to renew Office of Management and Budget (OMB) 
control number 1010-0072.

DATES: Comments must be received by BOEM no later than August 23, 2024.

ADDRESSES: Send written comments on this ICR by mail to the BOEM 
Information Collection Clearance Officer, Anna Atkinson, Bureau of 
Ocean Energy Management, 45600 Woodland Road, Sterling, Virginia 20166; 
or by email to [email protected]. Please reference OMB control 
number 1010-0072 in the subject line of your comments. You may comment 
on the ICR and view related documents by searching for the docket 
number ``BOEM-2024-0007'' at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Anna Atkinson by email at 
[email protected], or by telephone at 703-787-1025. Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside of the United 
States should use the relay services offered within their country to 
make international calls to the point of contact in the United States.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, BOEM provides the general public and other Federal 
agencies with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps BOEM assess the 
impact of its information collection requirements and minimize the 
public's reporting burden. It also helps the public understand BOEM's 
information collection requirements and provide the requested data in 
the desired format.
    BOEM is soliciting comments on the proposed ICR described below. 
BOEM is especially interested in public comments addressing the 
following issues: (1) is the collection necessary to the proper 
functions of BOEM; (2) what can BOEM do to ensure that this information 
is processed and used in a timely manner; (3) is the burden estimate 
accurate; (4) how might BOEM enhance the quality, utility, and clarity 
of the information to be collected; and (5) how might BOEM minimize the 
burden of this collection on the respondents, including minimizing the 
burden through the use of information technology?

[[Page 52502]]

    Comments that you submit in response to this notice are a matter of 
public record. BOEM will include or summarize each comment in its ICR 
to OMB for approval of this information collection. You should be aware 
that your entire comment--including your address, phone number, email 
address, or other personally identifiable information included in your 
comment--may be made publicly available at any time. Even if BOEM 
withholds your personally identifiable information in the context of 
this ICR, your comment is subject to the Freedom of Information Act 
(FOIA) (5 U.S.C. 552). Your information will only be withheld if a 
determination is made that one of the FOIA exemptions to disclosure 
applies. Such a determination will be made in accordance with the 
Department of the Interior's (DOI) FOIA implementing regulations (43 
CFR part 2) and applicable law.
    In order for BOEM to consider withholding from disclosure your 
personally identifiable information, you must identify, in a cover 
letter, any information contained in the submittal of your comments 
that, if released, would constitute a clearly unwarranted invasion of 
your personal privacy. You must also briefly describe any possible 
harmful consequences of the disclosure of information, such as 
embarrassment, injury, or other harm. Note that BOEM will make 
available for public inspection, in their entirety, all comments 
submitted by organizations and businesses, or by individuals 
identifying themselves as representatives of organizations or 
businesses.
    BOEM protects proprietary information in accordance with FOIA, 
DOI's implementing regulations (43 CFR part 2), and 30 CFR part 580.70, 
promulgated pursuant to the Outer Continental Shelf Lands Act (OCS 
Lands Act) (43 U.S.C. 1352(c)).
    Title of Collection: Commercial Prospecting, Noncommercial 
Exploration, and Scientific Research for Minerals Other Than Oil, Gas, 
and Sulfur on the Outer Continental Shelf (Applicable, in part, to 30 
CFR part 580).
    Abstract: This ICR covers the information collection requirements 
in 30 CFR part 580, ``Prospecting for Minerals Other than Oil, Gas, and 
Sulphur \1\ on the Outer Continental Shelf [OCS],'' which involves 
commercial prospecting and scientific research. This request also 
includes information collection requirements related to authorizations 
of noncommercial geological and geophysical (G&G) exploration issued 
pursuant to section 11 of the OCS Lands Act. 43 U.S.C. 1340.
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    \1\ BOEM acknowledges that the generally and scientifically 
accepted spelling for this compound is sulfur. Throughout this 
notice, BOEM uses the spelling consistent with its current 
regulations.
---------------------------------------------------------------------------

    Section 11(a)(1) of the OCS Lands Act states that ``any person 
authorized by the Secretary [of the Interior] may conduct geological 
and geophysical explorations in the [O]uter Continental Shelf, which do 
not interfere with or endanger actual operations under any lease 
maintained or granted pursuant to this subchapter, and which are not 
unduly harmful to aquatic life in such area.'' 43 U.S.C. 1340(a)(1). 
The OCS Lands Act defines the term ``exploration'' to mean the process 
of searching for minerals by, among other things, ``geophysical surveys 
where magnetic, gravity, seismic, or other systems are used to detect 
or imply the presence of such minerals.'' 43 U.S.C. 1331(k). Section 
11(g) authorizes permits or authorizations for geological exploration 
only if the Secretary determines that the applicant is qualified and 
the exploration will not interfere with operations on an existing 
lease, unduly harm aquatic life in the area, result in pollution, 
create hazardous or unsafe conditions, unreasonably interfere with 
other uses of the area, nor disturb any site, structure, or object of 
historical or archaeological significance. 43 U.S.C. 1340(g).
    BOEM considers applications for commercial prospecting and 
noncommercial exploration for marine minerals, as well as scientific 
research related to marine minerals. Under 30 CFR part 580, G&G 
prospecting by any person on unleased lands or on lands leased to a 
third party requires a BOEM permit. A permit also is required to 
conduct scientific research activities that involve the use of solid or 
liquid explosives, the drilling of a deep stratigraphic test, or the 
development of data and information for proprietary use or sale. 30 CFR 
580.11(a). Otherwise, G&G activities conducted for scientific or 
academic purposes require only the submission of a scientific research 
notice. 30 CFR 580.11(b). G&G activities are also conducted for 
noncommercial exploration purposes and may include, for example, 
searching for sand, gravel, and other sources of sediment for potential 
use in qualifying beach nourishment and coastal restoration projects. 
See 43 U.S.C. 1337(k). Because 30 CFR part 580 does not apply to 
noncommercial exploration, such G&G activities would be authorized 
directly pursuant to section 11 of the OCS Lands Act.
    As a Federal agency, BOEM must comply with the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), Endangered Species 
Act (16 U.S.C. 1531 et seq.), and National Historic Preservation Act 
(54 U.S.C. 300101 et seq.), among other laws. Compliance with the 
Endangered Species Act requires BOEM to carry out any agency action in 
a manner that is not likely to jeopardize protected species or 
adversely modify designated critical habitat and to consult with the 
U.S. Fish and Wildlife Service and National Marine Fisheries Service, 
as applicable, before engaging in a discretionary action that may 
affect a protected species.
    Applicants must submit Form BOEM-0134, ``Requirements for 
Geological and Geophysical Prospecting, Exploration, or Scientific 
Research on the Outer Continental Shelf Related to Minerals Other than 
Oil, Gas, and Sulphur,'' to provide the information necessary to 
evaluate their requests to conduct G&G activities for commercial 
prospecting, noncommercial exploration, and certain scientific research 
activities that do not involve explosives, deep stratigraphic drilling, 
or proprietary interests in the collected data. BOEM uses the submitted 
information for several purposes: (1) to ensure there will be neither 
adverse effects to the marine, coastal, or human environment, personal 
harm, unsafe operations and conditions, nor unreasonable interferences 
with other uses; (2) to enhance personal and operational safety; (3) to 
analyze and evaluate preliminary or planned mining activities; (4) to 
monitor progress and activities on the OCS; (5) to acquire G&G data and 
information collected under a Federal permit or authorization; and (6) 
to determine eligibility for reimbursement from the Government for 
certain costs.
    Upon approval, BOEM issues applicants a permit or an authorization 
(as currently titled Form BOEM-0135, ``Permit for Geophysical 
Prospecting, Authorization for Noncommercial Geophysical Exploration, 
or Permit for Scientific Research for Minerals Other than Oil, Gas, and 
Sulphur on the Outer Continental Shelf,'' or Form BOEM-0136, ``Permit 
for Geological Prospecting, Authorization for Noncommercial Geological 
Exploration, or Permit for Scientific Research for Minerals Other than 
Oil, Gas, and Sulphur on the Outer Continental Shelf'').
    BOEM may use the information collected during G&G activities to

[[Page 52503]]

understand the characteristics of marine mineral-bearing physiographic 
regions of the OCS. The information aids BOEM in analyzing and weighing 
the potential for environmental damage, the discovery of marine 
minerals, and any associated impacts on adjacent coastal States.
    OMB Control Number: 1010-0072.
    Form Number: BOEM-0134, ``Requirements for Geological and 
Geophysical Prospecting, Exploration, or Scientific Research on the OCS 
Related to Minerals Other than Oil, Gas, and Sulphur.''
    The following forms are the permit forms issued by BOEM based on 
information provided in BOEM-0134:
    BOEM-0135, ``Permit for Geophysical Prospecting, Authorization for 
Noncommercial Geophysical Exploration, or Permit for Scientific 
Research for Minerals Other than Oil, Gas, and Sulphur on the Outer 
Continental Shelf.''
    BOEM-0136, ``Permit for Geological Prospecting, Authorization for 
Noncommercial Geological Exploration, or Permit for Scientific Research 
for Minerals Other than Oil, Gas, and Sulphur on the Outer Continental 
Shelf.''
    Type of Review: Renewal of a currently approved collection.
    Respondents/Affected Public: Permittees, applicants, and other 
respondents, including those required to only file notices (scientific 
research).
    Total Estimated Number of Annual Responses: 45 responses.
    Total Estimated Number of Annual Burden Hours: 826 hours.
    Respondent's Obligation: Mandatory or required to retain or obtain 
a benefit.
    Frequency of Collection: On occasion, annual, or as specified in 
permits.
    Total Estimated Annual Non-hour Burden Cost: $4,024 non-hour cost 
burden.
    The following table details the individual components and 
respective annual burden estimates of this ICR. The current approved 
annual burden hours are equal to 730 hours. This ICR increases annual 
burdens by 96 hours to a total of 826 hours, based on BOEM's recent 
collection of data and information. The changes in annual burden hours 
include the following:
     For subpart B, BOEM is increasing the annual burden hours 
from 24 hours to 72 hours, due to an increase in the estimated time 
needed to file a notice to conduct scientific research activities 
related to hard minerals (+48 hours).
     For subpart D, BOEM is increasing annual burden hours from 
40 hours to 96 hours, due to an increase in the estimated time per 
response and an increase in the number of submissions for notification 
and submission of G&G data from 5 submissions to 6 (+56 hours). BOEM is 
also decreasing annual burden hours from 8 hours to 4 hours, due to a 
reduction in the number of submissions of information related to a 
contractor's commitment not to sell, trade, license, or disclose data 
from 2 submissions to 1 (-4 hours).
     BOEM is also decreasing annual burden hours from 6 hours 
to 2 hours, due to a decrease in the number of respondents being 
required by the issued permits to retain G&G data from 6 respondents to 
2. (-4 hours)
    BOEM assumed that respondents perform certain requirements in the 
normal course of their activities and took that into account in 
estimating the burden.

                                                  Burden Table
----------------------------------------------------------------------------------------------------------------
                                        Reporting and
   Citation 30 CFR part 580, as         recordkeeping         Hour burden    Average  number of   Annual  burden
            applicable                   requirements                         annual  responses        hours
----------------------------------------------------------------------------------------------------------------
                                                      Non-hour cost burden \1\
----------------------------------------------------------------------------------------------------------------
                                                    Subpart B
----------------------------------------------------------------------------------------------------------------
10; 11(a); 12(a); 13; Permit Form  Apply for permit or                  88  2 permit                         176
                                    authorization (Form                      applications.                   352
                                    BOEM-0134) to conduct                   4 applications for
                                    commercial prospecting/                  authorization.
                                    noncommercial
                                    exploration or G&G
                                    scientific research
                                    activities, including
                                    prospecting/scientific
                                    research plan and
                                    environmental
                                    assessment or required
                                    drilling plan. Provide
                                    notifications and
                                    additional information
                                    as required.
                                                           -----------------------------------------------------
                                                             $2,012 permit application fee \1\ x 2 permits \2\ =
                                                                                   $4,024
                                                           -----------------------------------------------------
11(b); 12(c).....................  File notice to conduct               24  3 notices...........              72
                                    scientific research
                                    activities related to
                                    hard minerals not
                                    covered by 30 CFR
                                    580.11(a), including
                                    notice to BOEM prior
                                    to beginning and after
                                    concluding activities.
                                                           -----------------------------------------------------
    Subtotal.....................  .......................  ..............  9 Responses.........             600
                                                                           -------------------------------------
                                                                                 $4,024 Non-Hour Cost Burden
----------------------------------------------------------------------------------------------------------------
                                                    Subpart C
----------------------------------------------------------------------------------------------------------------
21(a)............................  Report to BOEM if                     1  2 reports...........               2
                                    hydrocarbon/other
                                    mineral occurrences
                                    are detected; if
                                    environmental hazards
                                    that imminently
                                    threaten life and
                                    property are detected;
                                    or adverse effects
                                    occur to the
                                    environment, aquatic
                                    life, archaeological
                                    resources or other
                                    uses of the area.

[[Page 52504]]

 
22...............................  Submit written request                1  4 requests..........               4
                                    for approval to modify
                                    operations, with
                                    required information.
23(b)............................  Request reimbursement                 1  3 requests..........               3
                                    for food, quarters,
                                    and/or transportation
                                    expenses for BOEM
                                    inspection.
24...............................  Submit status and final              16  6 reports...........              96
                                    reports on specified
                                    schedule with daily
                                    log.
28...............................  Request relinquishment                1  1 request \3\.......               1
                                    of permit by certified
                                    or registered mail.
                                                           --------------------------------------
31(b); 73(a)(b)..................  Governor(s) of adjacent    Not considered IC as defined in 5                0
                                    State(s) submit to                CFR 1320.3(h)(4)
                                    BOEM: comments on
                                    activities involving
                                    an environmental
                                    assessment; any
                                    agreement between
                                    Governor and Secretary
                                    upon Governor's
                                    request for
                                    proprietary data,
                                    information, and
                                    samples; and any
                                    disclosure agreement.
                                                           --------------------------------------
33, 34...........................  Appeal civil penalty;          Burden exempt under 5 CFR                    0
                                    appeal order or                   1320.4(a)(2); (c)
                                    decision.
                                                           -----------------------------------------------------
    Subtotal.....................  .......................  ..............  16 Responses........             106
----------------------------------------------------------------------------------------------------------------
                                                    Subpart D
----------------------------------------------------------------------------------------------------------------
40; 41; 50; 51; Permit Form......  Notify BOEM and submit               16  6 submissions.......              96
                                    G&G data including
                                    analysis, processing
                                    or interpretation of
                                    information collected
                                    under a permit and/or
                                    processed by
                                    permittees or 3rd
                                    parties, including
                                    reports, logs or
                                    charts, results,
                                    analyses,
                                    descriptions, etc., as
                                    required.
42(b); 52(b).....................  Advise 3rd party                  \1/2\  4 notices...........               2
                                    recipient in writing
                                    that it assumes
                                    obligations as
                                    condition precedent of
                                    sale--no submission to
                                    BOEM is required.
42(c), (d); 52(c), (d)...........  Written notification to               1  1 notice............               1
                                    BOEM of sale, trade,
                                    transfer, or licensing
                                    of data and identify
                                    recipient.
60; 61...........................  Request reimbursement                 1  1 request \3\.......               1
                                    for costs of
                                    reproducing data/
                                    information and
                                    certain processing
                                    costs.
70(d)(1)(i)......................  Enter into disclosure                 4  1 agreement.........               4
                                    agreement.
72(b)............................  Submit comments on                    4  1 response..........               4
                                    BOEM's intent to
                                    disclose data/
                                    information for
                                    reproduction,
                                    processing, and
                                    interpretation.
72(d)............................  Independent contractor                4  1 submission........               4
                                    or agent prepares and
                                    signs written
                                    commitment not to
                                    sell, trade, license,
                                    or disclose data/
                                    information without
                                    BOEM approval.
                                                           -----------------------------------------------------
    Subtotal.....................  .......................  ..............  15 Responses........             112
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Part 580.........................  General departure and                 4  1 request...........               4
                                    alternative compliance
                                    requests not
                                    specifically covered
                                    elsewhere in Part 580
                                    regulations.
Permits \4\......................  Request extension of                  1  2 requests..........               2
                                    permit/authorization
                                    time period.
Permits \4\......................  Retain G&G data/                      1  2 respondents.......               2
                                    information for 10
                                    years and make
                                    available to BOEM upon
                                    request.
                                                           -----------------------------------------------------
    Subtotal.....................  .......................  ..............  5 Responses.........               8
                                                           -----------------------------------------------------
        Total                                                               45 Responses........             826
        Burden...................
                                                                           -------------------------------------

[[Page 52505]]

 
                                                                                $4,024 Non-Hour Cost Burdens
----------------------------------------------------------------------------------------------------------------
\1\ Fees are subject to modification for inflation annually.
\2\ Only permits, not authorizations, are subject to cost recovery.
\3\ No requests received for many years. Minimal burden for regulatory (PRA) purposes only.
\4\ These permits/authorizations are prepared by BOEM and sent to respondents; therefore, the forms themselves
  do not incur burden hours.

    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Karen Thundiyil,
Chief, Office of Regulations, Bureau of Ocean Energy Management.
[FR Doc. 2024-13710 Filed 6-21-24; 8:45 am]
BILLING CODE 4340-98-P


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