2011-9197. Agency Information Collection Activities: Proposed Collection; Comment Request

AGENCY:

Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), Interior.

ACTION:

Notice of an extension of an information collection (1010-0082).

SUMMARY:

To comply with the Paperwork Reduction Act of 1995 (PRA), BOEMRE is inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements related to leasing for minerals other than oil, gas and sulphur in the Outer Continental Shelf.

DATES:

Submit written comments by June 14, 2011.

FOR FURTHER INFORMATION CONTACT:

Cheryl Blundon, Regulations and Standards Branch at [phone]. You may also contact Cheryl Blundon to obtain a copy, at no cost, of the regulation that requires the subject collection of information.

ADDRESSES:

You may submit comments by either of the following methods listed below.

• Electronically: go to http://www.regulations.gov. In the entry titled “Enter Keyword or ID,” enter BOEM-2011-0017 then click search. Follow the instructions to submit public comments and view supporting and related materials available for this collection. BOEMRE will post all comments.
• E-mail [e-mail]. Mail or hand-carry comments to the Department of the Interior; Bureau of Ocean Energy Management, Regulation and Enforcement; Attention: Cheryl Blundon; 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference ICR 1010-0082 in your comment and include your name and return address.

SUPPLEMENTARY INFORMATION:

Title: 30 CFR 281, Leasing for Minerals Other than Oil, Gas, and Sulphur in the Outer Continental Shelf.

OMB Control Number: 1010-0082.

Abstract: Section 8(k) of the Outer Continental Shelf (OCS) Lands Act, as amended (43 U.S.C. 1337), authorizes the Secretary of the Interior (Secretary) to grant to the qualified persons offering the highest cash bonuses on a basis of competitive bidding leases of any mineral other than oil, gas, and sulphur. This applies to any area of the Outer Continental Shelf not then under lease for such mineral upon such royalty, rental, and other terms and conditions as the Secretary may prescribe at the time of offering the area for lease. The Secretary is to administer the leasing provisions of the Act and prescribe the rule and regulations necessary to carry out those provisions.

Regulations at 30 CFR 281 implement these statutory requirements. The regulations at 30 CFR 281 concern leasing activities of minerals other than oil, gas or sulphur and are the subject of this collection.

BOEMRE uses the information required by 30 CFR 281 to determine if statutory requirements are met prior to the issuance of a lease. Specifically, BOEMRE uses the information to:

• Evaluate the area and minerals requested by the lessee to assess the viability of offering leases for sale.
• Allow the State(s) to initiate the establishment of a joint group.
• Ensure excessive overriding royalty interests are not created that would put economic constraints on all parties involved.
• Document that a leasehold or geographical subdivision has been surrendered by the record title holder.

We protect proprietary information according to the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR 2), and 30 CFR parts 280 and 282. No items of a sensitive nature are collected. Responses are mandatory.

Frequency: On occasion.

Description of Respondents: As there are no active respondents, we estimate the potential annual number of respondents to be one. Potential respondents are OCS lease requestors, state governments, and OCS lessees.

Estimated Reporting and Recordkeeping Hour Burden: The currently approved annual reporting burden for this collection is 1,248 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.

Citation 30 CFR 281	Reporting and/or recordkeeping requirement	Hour burden
		Non-hour cost burden
Subpart A—General
6	Appeal decisions	Exempt under 5 CFR 1320.4(a)(2), (c).
Subpart B—Leasing Procedures
11(a), (c)	Request approval for mineral lease with relevant information	60.
All sections	Submit response to Call for Information and Interest on areas for leasing of minerals (other than oil, gas, sulphur) in accordance with approved lease program, including information from States/local governments	120.
13	States or local governments submit comments/recommendations on planning, coordination, consultation, and other issues that may contribute to the leasing process	200.
All sections	Submit suggestions and relevant information in response to request for comments on proposed lease including information form States/local governments	160.
18(a), (b), (c); 20(e), (f); 26(a), (b)	Submit bids (oral or sealed) and required information	250.
18(c); 20(e), (f)	Tie bids—submit oral bids for highest bidder	20.
20(a), (b), (c); 41(a)	Establish a Company File for qualification; submit updated information, submit qualifications for lessee/bidder	58.
21(a); 47(c)	Request for reconsideration of bid rejection/cancellation. Not considered information collection as defined under 5 CFR 1320.3(h)(9)	0.
21(b), (e); 23; 26; 40(b); 41(b)	Execute lease (includes submission of evidence of authorized agent and request for dating of leases); maintain auditable records re 30 CFR Chapter II, Subchapter A—[burden under ONRR requirements]	100.
Subpart C—Financial Considerations
31(b); 41	File application and required information for assignment or transfer for approval.	160. $50 required or non-required filing document fee.
32(b), (c)	File application for waiver, suspension, or reduction and supporting documentation	80.
33; 41(c)	Submit surety or personal bond	Burden covered under 1010-0081.
Subpart E—Termination of Leases
46(a)	File written request for relinquishment.	40.

Estimated Reporting and Recordkeeping “Non-Hour Cost” Burden: We have identified one non-hour cost burden for this collection, a $50 required or non-required filing document fee under § 281.41. We have not identified any other non-hour paperwork cost burdens associated with this collection of information.

Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond.

Comments: Before submitting an ICR to OMB, PRA section 3506(c)(2)(A) requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *”. Agencies must specifically solicit comments to: (a) Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful; (b) evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) enhance the quality, usefulness, and clarity of the information to be collected; and (d) minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology.

Agencies must also estimate the non-hour cost burdens to respondents or recordkeepers resulting from the collection of information. Therefore, if you have costs to generate, maintain, and disclose this information, you should comment and provide your total capital and startup cost components or annual operation, maintenance, and purchase of service components. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s), and the period over which you incur costs. Capital and startup costs include, among other items, computers and software you purchase to prepare for collecting information, monitoring, and record storage facilities. You should not include estimates for equipment or services purchased: (i) Before October 1, 1995; (ii) to comply with requirements not associated with the information collection; (iii) for reasons other than to provide information or keep records for the Government; or (iv) as part of 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, 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.

BOEMRE Information Collection Clearance Officer: Arlene Bajusz [phone].

Dated: April 7, 2011.

Sharon Buffington,

Acting Chief, Office of Offshore Regulatory Programs.