AGENCY:
Bureau of Ocean Energy Management, Interior.
ACTION:
Notice of information collection; request for comment.
SUMMARY:
In accordance with the Paperwork Reduction Act of 1995, the Bureau of Ocean Energy Management (BOEM) is proposing to renew an information collection with revisions.
DATES:
Interested persons are invited to submit comments, which must be received by BOEM on or before July 25, 2022.
ADDRESSES:
Send your comments on this information collection request (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 Office of Management and Budget (OMB) Control Number 1010-0006 in the subject line of your comments.
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. You may also view the ICR and its related documents by searching the docket number BOEM-2017-0016 at http://www.reginfo.gov/public/do/PRAMain.
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?
Comments submitted 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. You may request that BOEM withhold from disclosure your personally identifiable information. Your request must identify any information contained in your comment that, if released, would constitute a clearly unwarranted invasion of your personal privacy. You also must briefly describe any possible harmful consequences of disclosure of that information, such as embarrassment, injury, or other harm. While you can ask in your comment that your personally identifiable information be withheld from public disclosure, BOEM cannot guarantee that it will be able to do so under the law.
BOEM protects proprietary information in accordance with the Freedom of Information Act (5 U.S.C. 552), the Department of the Interior's (DOI) implementing regulations (43 CFR part 2), and BOEM's regulations at 30 CFR parts 550 and 552 promulgated pursuant to the Outer Continental Shelf (OCS) Lands Act (43 U.S.C. 1352(c)).
Title of Collection: Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf (30 CFR part 550, part 556, and part 560).
Abstract: This ICR concerns the paperwork requirements in the regulations under 30 CFR part 550, part 556, and part 560 and the related notices to lessees and operators (NTL). This ICR also concerns the use of forms to process bonds, transfer interest in leases, and file relinquishments.
The OCS Lands Act, as amended (43 U.S.C. 1331 et seq. ), authorizes the Secretary of the Interior to prescribe rules and regulations to administer leasing of the OCS and all operations conducted under a lease. Operations on the OCS must preserve, protect, and develop oil and natural gas resources in a manner that is consistent with the need to make such resources available to meet the Nation's energy needs; balance orderly energy resource development with protection of human, marine, and coastal environments; ensure the public a fair return on the resources of the OCS; and preserve and maintain free enterprise competition. Also, the Energy Policy and Conservation Act of 1975 prohibits certain lease bidding arrangements (42 U.S.C. 6213(c)).
OMB Control Number: 1010-0006.
Form Number:
- BOEM-0150, “Assignment of Record Title Interest in Federal OCS Oil and Gas Lease”;
- BOEM-0151, “Assignment of Operating Rights Interest in Federal OCS Oil and Gas Lease”;
• BOEM-0152, “Relinquishment of Federal OCS Oil and Gas Lease”;
- BOEM-2028, “Outer Continental Shelf (OCS) Mineral Lessee's or Operator's Bond”;
- BOEM-2028A, “Outer Continental Shelf (OCS) Mineral Lessee's or Operator's Supplemental Bond”; and
- BOEM-2030, “Outer Continental Shelf (OCS) Pipeline Right-of-Way Grant Bond”.
Type of Review: Revision of a currently approved information collection.
Respondents/Affected Public: Federal oil, gas, or sulfur lessees and operators.
Total Estimated Number of Annual Responses: 21,826 responses.
Total Estimated Number of Annual Burden Hours: 21,935 hours.
Respondent's Obligation: Mandatory or required to obtain or retain a benefit.
Frequency of Collection: On occasion or annual.
Total Estimated Annual Non-Hour Burden Cost: $766,053.
Estimated Reporting and Recordkeeping Hour Burden: We expect the burden estimate for the renewal will be 21,935 hours with 21,826 responses, which reflects an increase of 2,881 hours and 11,628 responses. One hour of the increase accounts for Alaska's surety bond submission (30 CFR 550.1011), which was not previously included in the annual burden hours. The remaining increase of 2,880 annual burden hours accounts for submissions of documents under 30 CFR 556.715 and 556.808. Under the current 1010-0006, BOEM accounted for the burden hours to file the requisite fees but did not account for the burden hours to submit the requisite documents.
The following table details the individual components and respective burden hour estimates of this ICR.
Burden Breakdown
| 30 CFR part 550, subpart J | Reporting requirement * | Hour burden | Average number of annual responses | Annual burden hours |
|---|---|---|---|---|
| Non-hour cost burdens | ||||
| 550.1011(a) | Provide surety bond (Form BOEM-2030) and required information | Gulf of Mexico 0.25 Pacific 3.5 | 52 3 | 13 11 |
| Alaska 1 | 1 | 1 | ||
| 30 CFR 550, Subpart J, Total | 56 | 25 |
| 30 CFR part 556, and NTLs | Reporting requirement * | Hour burden | Average number of annual responses | Annual burden hours |
|---|---|---|---|---|
| Non-hour cost burdens | ||||
| Subpart A | ||||
| 104(b) | Submit confidentiality agreement | 0.25 | 500 | 125 |
| 106 | Cost recovery and service fees; confirmation receipt | Cost recovery and service fees and associated documentation are covered under individual requirements throughout part.** | 0 | |
| 107 | Submit required documentation electronically through BOEM-approved system; comply with filing specifications, as directed by notice in the Federal Register in accordance with 30 CFR 560.500 | Burden covered in 30 CFR 560.500. | 0 | |
| 107 | File seals, documents, statements, signatures, etc., to establish legal status of all future submissions (paper or electronic) | 10 min. | 400 | 67 |
| Subtotal | 900 | 192 | ||
| Subpart B | ||||
| 201-204 | Submit nominations, suggestions, comments, and information in response to requests for information or comments, draft or proposed 5-year leasing program, etc., including information from States and local governments, Federal agencies, industry, and others | Not considered an information collection (IC) as defined in 5 CFR 1320.3(h)(4). | 0 | |
| 202-204 | Submit nominations & specific information requested in draft proposed 5-year leasing program, from States and local governments | 4 | 69 | 276 |
| Subtotal | 69 | 276 | ||
| Subpart C | ||||
| 301; 302 | Submit response & specific information requested in requests for industry interest and calls for information and nominations, etc., on areas proposed for leasing; including information from States and local governments | Not considered IC as defined in 5 CFR 1320.3(h)(4). | 0 | |
| 302(d) | Request summary of interest (nonproprietary information) for calls for information and requests for interest, etc | 1 | 5 | 5 |
| 305; 306 | States or local governments submit comments, recommendations, other responses on size, timing, or location of proposed lease sale. Request extension; enter agreement | 4 | 25 | 100 |
| Subtotal | 30 | 105 | ||
| Subpart D | ||||
| 400-402; 405 | Establish file for qualification; submit evidence and certification for lessee and bidder qualification. Provide updates; obtain BOEM approval & qualification number | 2 | 107 | 214 |
| 403(c) | Request hearing on disqualification | Requirement not considered IC under 5 CFR 1320.3(h)(9). | 0 | |
| 403; 404 | Notify BOEM if you or your principals are excluded, disqualified, or convicted of a crime—Federal non-procurement debarment and suspension requirements; request exception; enter transaction | 1.5 | 50 | 75 |
| 405 | Notify BOEM of all mergers, name changes, or change of business | Requirement not considered IC under 5 CFR 1320.3(h)(1). | 0 | |
| Subtotal | 157 | 289 | ||
| Subpart E | ||||
| 500; 501 | Submit bids, deposits, and required information, including GDIS & maps; in manner specified. Make data available to BOEM | 5 | 2,000 | 10,000 |
| 500(e); 517 | Request reconsideration of bid decision | Requirement not considered IC under 5 CFR 1320.3(h)(9). | 0 | |
| 501(e) | Apply for reimbursement | Burden covered in OMB Control Number 1010-0048, 30 CFR 551. | 0 | |
| 511(b); 517 | Submit appeal of listing on restricted joint bidders list; appeal bid decision | Requirement not considered IC under 5 CFR 1320.3(h)(9). | 0 | |
| 513; 514 | File statement and detailed report of production. Make documents available to BOEM | 2 | 100 | 200 |
| 515 | Request exemption from bidding restrictions; submit appropriate information | Requirement not considered IC under 5 CFR 1320.3(h)(9). | 0 | |
| 516 | File agreement on determination of lessee following BOEM's notice of tie bid | 3.5 | 2 | 7 |
| 520; 521; 600(c) | Execute lease (includes submission of evidence of authorized agent, completion of steps leading to lease execution, and request adjusted effective date of lease); submit required data and rental | 1 | 852 | 852 |
| 520(b) | Provide acceptable bond for payment of a deferred bonus | 0.25 | 1 | 1 |
| Subtotal | 2,955 | 11,060 | ||
| Subparts F, G, H | ||||
| 700-716 | File application and required information for assignment or transfer of record title or any other lease interest (Form BOEM-0150) (includes sale, sublease, segregation exchange, transfer); request effective date and confidentiality; provide notifications.** | 1 | 1,414 | 1,414 |
| $198 fee × 1,414 forms = $279,972 | ||||
| 715(a); 808(a) | File required instruments creating or transferring working interests, etc., for record purposes.** | 1 | 2,369 | 2,369 |
| $29 fee × 2,369 filings = $68,701 | ||||
| 715(b); 808(b) | Submit “non-required” documents, for record purposes that respondents want BOEM to file with the lease document. (Accepted on behalf of lessees as a service; BOEM does not require nor need them.) | .25 | 11,518 | 2,880 |
| $29 fee × 11,518 filings = $334,022 | ||||
| 800-810 | File application and required information for assignment or transfer of operating interest (Form BOEM- 0151) (includes sale, sublease, segregation exchange, severance, transfer); request effective date; provide notifications.** | 1 | 421 | 421 |
| $198 fee × 421 forms = $83,358 | ||||
| Subtotal | 15,722 | 7,084 | ||
| $766,053 | ||||
| Subpart I | ||||
| 900(a)-(e); 901; 902; 903(a) | Submit form for OCS mineral lessee's and operator's bond (Form BOEM-2028); execute bond | 0.33 | 135 | 45 |
| 900(c), (d), (f), (g); 901(c), (d), (f); 902(e) | Demonstrate financial worth and ability to carry out present and future financial obligations, request approval of another form of security, or request reduction in amount of supplemental bond required on BOEM-approved forms. Monitor and submit required information | 3.5 | 166 | 581 |
| 900(e); 901; 902; 903(a) | Submit form for OCS mineral lessee's and operator's supplemental plugging & abandonment bond (Form BOEM-2028A); execute bond | 0.25 | 141 | 35 |
| 900(f), (g) | Submit authority for Regional Director to sell Treasury or alternate type of securities | 2 | 12 | 24 |
| 901 | Submit exploration plan, development and production plan, development operations coordination document | IC burden covered in separate approved collection for 1010-0151, 30 CFR part 550, subpart B. | 0 | |
| 901(f) | Submit oral/written comment on adjusted bond amount and information | Requirement not considered IC under 5 CFR 1320.3(h)(9). | 0 | |
| 903(b) | Notify BOEM of any lapse in bond coverage and action filed alleging lessee, surety, or guarantor is insolvent or bankrupt | 1 | 4 | 4 |
| 904 | Provide plan and instructions to fund lease-specific abandonment account and related information; request approval to withdraw funds | 12 | 2 | 24 |
| 905 | Provide third-party guarantee, indemnity agreement, financial and required information, related notices, reports, and annual update; notify BOEM if guarantor becomes unqualified | 19 | 46 | 874 |
| 905(d)(3); 906 | Provide notice of and request approval to terminate period of liability, cancel bond, or other security; provide required information | 0.5 | 378 | 189 |
| 907(c)(2) | Provide information to demonstrate lease will be brought into compliance | 16 | 5 | 80 |
| Subtotal | 889 | 1,856 | ||
| Subpart K | ||||
| 1101 | Request relinquishment (Form BOEM-0152) of lease; submit required information | 1 | 247 | 247 |
| 1102 | Request additional time to bring lease into compliance | 1 | 1 | 1 |
| 1102(c) | Comment on cancellation | Requirement not considered IC under 5 CFR 1320.3(h)(9). | 0 | |
| Subtotal | 248 | 248 | ||
| 30 CFR 556 Total | 9,452 | 18,230 | ||
| $766,053 Non-Hour Cost Burdens |
| 30 CFR part 560 | Reporting requirement * | Hour burden | Average number of annual responses | Annual burden hours |
|---|---|---|---|---|
| 560.224(a) | Request BOEM to reconsider field assignment of a lease | Requirement not considered IC under 5 CFR 1320.3(h)(9). | 0 | |
| 560.500 | Submit required documentation electronically through BOEM-approved system; comply with filing specifications, as directed by notice in the Federal Register (e.g., bonding info.) | 1 | 800 | 800 |
| 30 CFR 560 Total | 800 | 800 | ||
| Total Reporting for Collection | 21,826 | 21,935 | ||
| $766,053 Non-Hour Cost Burdens | ||||
| * In the future, BOEM may require electronic filing of certain submissions. | ||||
| ** Cost recovery/service fees. | ||||
| —For requests of approval for various operations or submission of plans or applications, the burdens are included with other OMB-approved collections: For BOEM, 30 CFR part 550 (subpart A, Control Number 1010-0114; subpart B, Control Number 1010-0151); and for BSEE, 30 CFR part 250 (subpart A, Control Number 1014-0022; subpart D, Control Number 1014-0018). | ||||
| —All submission for designation of operator (Form BOEM-1123) under 30 CFR parts 550, 556, and 560 are captured in OMB Control Number 1010-0114. |
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number.
The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ).
Peter Meffert,
Acting Chief, Office of Regulations.
[FR Doc. 2022-11074 Filed 5-23-22; 8:45 am]
BILLING CODE 4310-MR-P