81 FR 65403 - Information Collection Activities: Open and Nondiscriminatory Access to Oil and Gas Pipelines Under the Outer Continental Shelf Lands Act; Proposed Collection; Comment Request

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement

Federal Register Volume 81, Issue 184 (September 22, 2016)

To comply with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Safety and Environmental Enforcement (BSEE) 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 a renewal to the paperwork requirements in the regulations under 30 CFR 291, Open and Nondiscriminatory Access to Oil and Gas Pipelines Under the OCS Lands Act.

[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Notices]
[Pages 65403-65405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22842]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement (BSEE)

[Docket ID BSEE-2016-0015; OMB Number 1014-0012; 16XE1700DX EEEE500000 
EX1SF0000.DAQ000]


Information Collection Activities: Open and Nondiscriminatory 
Access to Oil and Gas Pipelines Under the Outer Continental Shelf Lands 
Act; Proposed Collection; Comment Request

ACTION: 60-day notice.

-----------------------------------------------------------------------

SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), the 
Bureau of Safety and Environmental Enforcement (BSEE) 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 a renewal to the 
paperwork requirements in the regulations under 30 CFR 291, Open and 
Nondiscriminatory Access to Oil and Gas Pipelines Under the OCS Lands 
Act.

DATES: You must submit comments by November 21, 2016.

ADDRESSES: You may submit comments by either of the following methods 
listed below.
     Electronically go to http://www.regulations.gov. In the 
Search box, enter BSEE-2016-0015 then click search. Follow the 
instructions to submit public comments and view all

[[Page 65404]]

related materials. We will post all comments.
     Email [email protected], fax (703) 787-1546, or mail or 
hand-carry comments to the Department of the Interior; Bureau of Safety 
and Environmental Enforcement; Regulations and Standards Branch; ATTN: 
Nicole Mason; 45600 Woodland Road, Sterling, VA 20166. Please reference 
ICR 1014-0012 in your comment and include your name and return address.

FOR FURTHER INFORMATION CONTACT: Nicole Mason, Regulations and 
Standards Branch, (703) 787-1607, to request additional information 
about this ICR.

SUPPLEMENTARY INFORMATION: 
    Title: 30 CFR 291, Open and Nondiscriminatory Access to Oil and Gas 
Pipelines Under the Outer Continental Shelf Lands Act.
    OMB Control Number: 1014-0012.
    Abstract: The Outer Continental Shelf (OCS) Lands Act (OCSLA) at 43 
U.S.C. 1334 authorizes the Secretary of the Interior to prescribe rules 
and regulations necessary for the administration of the leasing 
provisions of that Act related to mineral resources on the OCS. Such 
rules and regulations will apply to all operations conducted under a 
lease, right-of-way, or a right-of-use and easement. 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 as rapidly as possible; to 
balance orderly energy resource development with protection of human, 
marine, and coastal environments; to ensure the public a fair and 
equitable return on the resources of the OCS; and to preserve and 
maintain free enterprise competition.
    The OCSLA requires open and nondiscriminatory access to oil and gas 
pipelines; as well as provides the Secretary of the Interior the 
authority to issue and enforce rules to assure open and 
nondiscriminatory access to pipelines. These regulations provide a 
mechanism for entities who believe they have been denied open and 
nondiscriminatory access to pipelines on the OCS. The BSEE established 
a process, via the subject regulations, to submit complaints alleging 
denial of access or discriminatory access for a shipper transporting 
oil or gas production from Federal leases on the OCS. The complaint 
should include certain minimal data in order for BSEE to begin an 
investigation. Upon completion of an investigation, BSEE will propose a 
remedial action.
    The Independent Offices Appropriations Act (31 U.S.C. 9701), the 
Omnibus Appropriations Bill (Pub. L. 104-133, 110 Stat. 1321, April 26, 
1996), and OMB Circular A-25, authorize Federal agencies to recover the 
full cost of services that confer special benefits. Under the 
Department of the Interior's implementing policy, BSEE is required to 
charge fees for services that provide special benefits or privileges to 
an identifiable non-Federal recipient above and beyond those which 
accrue to the public at large. Regulations at Sec. Sec.  291.106(b) and 
291.108 require a nonrefundable processing fee of $7,500 that a shipper 
must pay when filing a complaint to BSEE.
    The responses are voluntary and some are required to obtain or 
retain a benefit. No questions of a sensitive nature are asked. BSEE 
will protect proprietary information according to the Freedom of 
Information Act (5 U.S.C. 552) and DOI's implementing regulations (43 
CFR 2); 30 CFR part 250.197, Data and information to be made available 
to the public or for limited inspection; and 30 CFR part 252, OCS Oil 
and Gas Information Program.
    The BSEE uses the submitted information to initiate a more detailed 
investigation into the specific circumstances associated with a 
complainant's allegation of denial of access or discriminatory access 
to pipelines on the OCS. The complaint information will be provided to 
the alleged offending party. The BSEE may request additional 
information upon completion of the initial investigation.
    Frequency: On occasion.
    Description of Respondents: Potential respondents include Federal 
OCS oil, gas, or sulfur lessees and/or operators and holders of 
pipeline rights-of-way.
    Estimated Reporting and Recordkeeping Hour Burden: The currently 
approved annual reporting burden for this collection is 51 hours and 
$7,500 non-hour costs. 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.

                                                Burden Breakdown
----------------------------------------------------------------------------------------------------------------
                                                                                      Average
                                              Reporting and                          number of     Annual burden
          Citation 30 CFR 291                 recordkeeping         Hour burden       annual           hours
                                              requirements                           responses
----------------------------------------------------------------------------------------------------------------
                                                          Non-hour cost burden
----------------------------------------------------------------------------------------------------------------
105, 106, 108, 109, 111...............  Submit complaint (with                50               1              50
                                         fee) to BSEE and
                                         affected parties.
                                         Request confidential
                                         treatment and respond
                                         to BSEE decision.
                                                                 -----------------------------------------------
                                                                              $7,500 fee x 1 = $7,500
----------------------------------------------------------------------------------------------------------------
106(b), 109...........................  Request waiver or                      1               1               1
                                         reduction of fee.
----------------------------------------------------------------------------------------------------------------
104(b), 107, 111......................  Submit response to a       Information required after an               0
110...................................   complaint. Request           investigation is opened
114, 115(a)...........................   confidential treatment    against a specific entity is
                                         and respond to BSEE        exempt under the PRA (5 CFR
                                         decision.                      1320.4(a)(2), (c)).
                                        Submit required
                                         information for BSEE to
                                         make a decision.
                                        Submit appeal on BSEE
                                         final decision.
----------------------------------------------------------------------------------------------------------------
    Total Burden......................  ........................  ..............               2              51
----------------------------------------------------------------------------------------------------------------
                                               $7,500 Non-Hour Cost Burden
----------------------------------------------------------------------------------------------------------------


[[Page 65405]]

    Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have 
identified one non-hour cost burden of $7,500. The BSEE requires that 
shippers pay a nonrefundable fee of $7,500 for a complaint submitted to 
BSEE (30 CFR 291.106). The fee is required to recover the Federal 
Government's processing costs.
    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 
collection is necessary or useful; (b) evaluate the accuracy 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 
technology.
    Agencies must also estimate the non-hour paperwork cost burdens to 
respondents or recordkeepers resulting from the collection of 
information. Therefore, if you have other non-hour burden 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. For further 
information on this burden, refer to 5 CFR 1320.3(b)(1) and (2), or 
contact the Bureau representative listed previously in this notice.
    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 Availability of Comments: 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.
    BSEE Information Collection Clearance Officer: Nicole Mason, (703) 
787-1607.

    Dated: September 16, 2016.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2016-22842 Filed 9-21-16; 8:45 am]
BILLING CODE 4310-VH-P