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Notice

MMS Information Collection Activity: 1010-0091, Facilities Located Seaward of the Coast Line; Extension of a Collection, Submitted for Office of Management and Budget (OMB) Review; Comment Request

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Information about this document as published in the Federal Register.

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This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

Minerals Management Service (MMS), Interior.

ACTION:

Notice of an extension of an information collection (1010-0091).

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 30 CFR 254, Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

DATES:

Submit written comments by December 24, 2009.

ADDRESSES:

You should submit comments directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (1010-0091), either by fax (202) 395-5806 or e-mail (OIRA_DOCKET@omb.eop.gov).

Please also send a copy to MMS by either of the following methods:

  • http://www.regulations.gov. In the entry titled “Enter Keyword or ID,” enter docket ID MMS-2009-OMM-0006 then click search. Under the tab “View By Docket Folder” you can submit public comments and view supporting and related materials available for this collection of information. Include your name and address. Submit comments to http://www.regulations.gov by December 24, 2009. The MMS will post all comments.
  • Mail or hand-carry comments to the Department of the Interior; Minerals Management Service; Attention: Cheryl Blundon; 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please Start Printed Page 61361reference “Information Collection 1010-0091” in your comment and include your name and address.
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FOR FURTHER INFORMATION CONTACT:

Cheryl Blundon, Regulations and Standards Branch, (703) 787-1607. You may also contact Cheryl Blundon to obtain a copy, at no cost, of the ICR and the regulation that requires the subject collection of information.

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SUPPLEMENTARY INFORMATION:

Title: 30 CFR 254, Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line.

OMB Control Number: 1010-0091.

Abstract: The Federal Water Pollution Control Act (FWPCA), as amended by the Oil Pollution Act of 1990 (OPA), requires that a spill-response plan be submitted for offshore facilities prior to February 18, 1993. The OPA specifies that after that date, an offshore facility may not handle, store, or transport oil unless a plan has been submitted. This authority and responsibility are among those delegated to the Minerals Management Service (MMS) by Executive Order 12777. Regulations at 30 CFR 254 establish requirements for spill-response plans for oil-handling facilities seaward of the coast line, including associated pipelines.

The MMS uses the information collected under 30 CFR 254 to determine compliance with OPA by owners/operators. Specifically, MMS needs the information to:

  • Determine effectiveness of the spill-response capability of owners/operators.
  • Review plans prepared under the regulations of a State and submitted to MMS to satisfy the requirements to ensure that they meet minimum requirements of OPA.
  • Verify that personnel involved in oil-spill response are properly trained and familiar with the requirements of the spill-response plans and to witness spill-response exercises.
  • Assess the sufficiency and availability of contractor equipment and materials.
  • Verify that sufficient quantities of equipment are available and in working order.
  • Oversee spill-response efforts and maintain official records of pollution events.
  • Assess the efforts of owners/operators to prevent oil spills or prevent substantial threats of such discharges.

No proprietary, confidential, or sensitive information is collected. However, we will protect any information from respondents considered proprietary under the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2) and under regulations at 30 CFR parts 250, 251, and 252. Responses are mandatory.

Frequency: On occasion, monthly, annually, biennially, and triennially.

Estimated Number and Description of Respondents: Respondents comprise owners or operators of facilities located in both State and Federal waters seaward of the coast line and oil spill response companies.

Estimated Reporting and Recordkeeping “Hour” Burden: The estimated annual hour burden for this information collection is a total of 35,070 hours. 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 254 and NTLsReporting requirementHour burdenAverage No. of annual responsesAnnual burden hours
Subpart A—General
1(a) thru (d); 2(a); 3 thru 5; 7; 20 thru 29; 44(b)Submit spill response plan for OCS facilities and related documents12026 new plans3,120
1(e)Request MMS jurisdiction over facility landward of coast line (no recent request received)0.52 requests1
2(b)Submit certification of capability to respond to worst case discharge or substantial threat of such151 certification15
2(c); 30Submit revised spill response plan for OCS facilities at least every 2 years; notify MMS of no change36177 revised plans6,372
11 No change1
2(c)Request deadline extension for submission of revised plan411 extensions44
8Appeal MMS orders or decisionsExempt under 5 CFR 1320.4(a)(2), (c)0
Subtotal218 responses9,553
Subpart C—Related Requirements for OCS Facilities
40Make records of all OSRO-provided services, equipment, personnel available to MMS520 records100
41Conduct annual training; retain training records for 2 years25197 owners/operators4,925
42(a) thru (e)Conduct triennial response plan exercise; retain exercise records for 3 years110134 exercises14,740
42(f)Inform MMS of the date of any exercise (triennial)1170 notifications170
43Inspect response equipment monthly; retain inspection & maintenance records for 2 years3.555 inspections x 12 months = 6602,310
46(a) NTLNotify NRC of all oil spills from owner/operator facilityBurden would be included in the NRC inventory0
46(b) NTL(s)Notify MMS of oil spills of one barrel or more from owner/operator facility; submit follow-up report; after catastrophic event may be requested to meet w/MMS to discuss storm recovery strategies/pollution261 notifications & reports122
46(c)Notify MMS & responsible party of oil spills from operations at another facility224 notifications48
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Subtotal1,266 responses22,415
Subpart D—Oil Spill Response Requirements for Facilities Located in State Waters Seaward of the Coast Line
50; 51Submit response plan for facility in State waters by modifying existing OCS plan4210 plans420
50; 52Submit response plan for facility in State waters following format for OCS plan1009 plans900
50; 53Submit response plan for facility in State waters developed under State requirements8918 plans1,602
54Submit description of oil-spill prevention procedures and demonstrate compliance536 submissions180
Subtotal73 responses3,102
Total Hour Burden1,557 responses35,070

Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have identified no paperwork non-hour cost burdens associated with the 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 May 1, 2009, we published a Federal Register notice (74 FR 20332) announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. In addition, 30 CFR 254.9 displays the OMB control number, specifies that the public may comment at anytime on the collection of information required in the 30 CFR 254 regulations, and provides the address to which they should send comments. We have received no comments in response to those efforts.

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 December 24, 2009.

Public Comment Procedures: 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.

MMS Information Collection Clearance Officer: Arlene Bajusz (202) 208-7744.

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Dated: October 21, 2009.

E.P. Danenberger,

Chief, Office of Offshore Regulatory Programs.

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[FR Doc. E9-28178 Filed 11-23-09; 8:45 am]

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