2011-21166. Information Collection Activity: Leasing of Minerals Other Than Oil, Gas and Sulphur in the Outer Continental Shelf, Extension of a Collection; Submitted for Office of Management and Budget (OMB) Review; Comment Request

AGENCY:

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

ACTION:

Notice.

SUMMARY:

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under Leasing of Minerals Other than Oil, Gas and Sulphur in the Outer Continental Shelf (OMB No. 1010-0082). This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

DATES:

Submit written comments by September 19, 2011.

ADDRESSES:

Submit comments by either fax [phone] or e-mail ([e-mail]) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (1010-0082). Please also submit a copy of your comments to BOEMRE by any of the means 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: 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.

FOR FURTHER INFORMATION CONTACT:

Cheryl Blundon, Regulations and Standards Branch, [phone]. To see a copy of the entire ICR submitted to OMB, go to http://www.reginfo.gov (select Information Collection Review, Currently Under Review). You may also contact Cheryl Blundon to obtain a copy, at no cost, of the regulation that requires the subject collection of information.

SUPPLEMENTARY INFORMATION:

Title: 30 CFR part 281, Leasing of 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 in any area of the OCS 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 implementing these responsibilities are under 30 CFR part 281. Responses are mandatory or required to obtain or retain a benefit. No questions of a sensitive nature are asked. The MMS protects information considered proprietary according to the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2, and 30 CFR parts 280 and 282).

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

• Evaluate the mineral(s) deposits requested by the lessee to ensure that the Federal government receives fair market value for the mineral(s) leased.
• Request the State(s) to initiate the establishment of a joint working group or task force to assess the proposed action and provide input.
• 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.
• Determine if activities on the proposed lease area (s) will have significant impact on the environment.

There has been no activity in the OCS for minerals other than oil, gas and sulphur for many years. However, because these are regulatory requirements, the potential exists for information to be collected.

Frequency: On occasion.

Description of Respondents: There are no active respondents; therefore, we estimated the potential annual number of respondents to be one.

Estimated Reporting and Recordkeeping Hour Burden: The estimated annual hour burden for this information collection is a total of 1,248 hours. The following chart details the individual components and estimated hour burdens. 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 requirements	Hour burden	Average Number of annual reponses	Annual burden hours
		Non-Hour Cost Burden(s)
Subpart A—General
6	Appeal decisions	Exempt under 5 CFR 1320.4(a)(2), (c).		0
Subpart B—Leasing Procedures
11(a), (c)	Request approval for mineral lease with relevant information	60	1	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	1	120
13	States or local governments submit comments/recommendations on planning, coordination, consultation, and other issues that may contribute to the leasing process	200	1	200
All sections	Submit suggestions and relevant information in response to request for comments on proposed lease including information from States/local governments	160	1	160
18(a), (b), (c); 20 (e), (f); 26(a)	Submit bids (oral or sealed) and required information	250	1	250
18(c); 20 (e), (f)	Tie bids—submit oral bids for highest bidder	20	1	20
20(a), (b), (c); 41(a)	Establish a Company File for qualification; submit updated information, submit qualifications for lessee/bidder	58	1	58
21(a); 47(c)	Request for reconsideration of bid rejection/cancellation	Requirement not considered IC per 5 CFR 1320.3(h)(9).		0
Subtotal			7 Responses	868 Hours
Subpart C—Financial Considerations
26; 21(b), (e); 40(b); 41(b)	Execute lease (includes submission of evidence of authorized agent and request for dating of leases)	100	1	100
31(b); 41	File application and required information for assignment or transfer for approval	160	1	160
		$50 required or non-required filing document fee × 1 = $50
32(b), (c)	File application for waiver, suspension, or reduction and supporting documentation	80	1	80
33; 41(c)	Submit surety or personal bond	Burden covered under 1010-0081.		0
Subtotal			3 Responses	340 Hours
			$50 Non-Hour Cost Burden
Subpart E—Termination of Leases
46(a)	File written request for relinquishment	40	1 Response	40 Hours
TOTAL BURDEN			11 Responses	1,248 Hours
			$50 Non-Hour Cost Burden

Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have identified one non-hour cost burden. In § 281.41, respondents would pay a $50 application fee for any instrument to be filed (see burden table). We have identified no other non-hour cost burdens for 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: 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 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.

To comply with the public consultation process, on April 15, 2011, we published a Federal Register notice (76 FR 21393) announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. In addition, § 282.0 provides the OMB control number for the information collection requirements imposed by the 30 CFR 282 regulations. The PRA (5 U.S.C. 1320) informs the public that they may comment at any time on the collections of information and BOEMRE provides the address to which they should send comments. We have received one comment in response to this effort and it was not germane to the paperwork burden.

If you wish to comment in response to this notice, you may send your comments to the offices listed under the ADDRESSES section of this notice. The OMB has up to 60 days to approve or disapprove the information collection but may respond after 30 days. Therefore, to ensure maximum consideration, OMB should receive public comments by September 19, 2011.

Public Availability of Comments: Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

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

Dated: July 26, 2011.

David Moore,

Acting Chief, Office of Offshore Regulatory Programs.