82 FR 17853 - Information Collection Activities: Open and Nondiscriminatory Access to Oil and Gas Pipelines Under the OCS Lands Act; Submitted for Office of Management and Budget (OMB) Review; Comment Request
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement Federal Register Volume 82, Issue 70 (April 13, 2017)
Bureau of Safety and Environmental Enforcement
Federal Register Volume 82, Issue 70 (April 13, 2017)
| Page Range | 17853-17855 | |
| FR Document | 2017-07475 |
[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)] [Notices] [Pages 17853-17855] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07475] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement (BSEE) [Docket ID BSEE-2016-0015; OMB Number 1014-0012; 17XE1700DX EEEE500000 EX1SF0000.DAQ000] Information Collection Activities: Open and Nondiscriminatory Access to Oil and Gas Pipelines Under the OCS Lands Act; Submitted for Office of Management and Budget (OMB) Review; Comment Request ACTION: 30-day notice. ----------------------------------------------------------------------- SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Safety and Environmental Enforcement (BSEE) is notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations, Open and Nondiscriminatory Access to Oil and Gas Pipelines Under the OCS Lands Act. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. DATES: You must submit comments by May 15, 2017. ADDRESSES: Submit comments by either fax (202) 395-5806 or email ([email protected]) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (1014-0012). Please provide a copy of your comments to BSEE by any of the means 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 related materials. We will post all comments. Email [email protected], fax (703) 787-1546, or mail or hand-carry comments to: Department of the Interior; BSEE; Regulations and Standards Branch; ATTN: Nicole Mason; 45600 Woodland Road, Sterling, VA 20166. Please reference 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. To see a copy of the entire ICR submitted to OMB, go to http://www.reginfo.gov (select Information Collection Review, Currently Under Review). SUPPLEMENTARY INFORMATION: Title: 30 CFR part 291, Open and Nondiscriminatory Access to Oil and Gas Pipelines Under the OCS 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. The OCSLA 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 a comprehensive written brief stating the legal and factual basis for the allegation that a shipper was denied open and nondiscriminatory access, together with supporting material. Upon completion, the BSEE Director will review the complaint, answer, and other information, and will serve all parties with a written decision that may include 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 [[Page 17854]] 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. On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (FCPIA of 2015). The OCSLA directs the Secretary of the Interior to adjust the OCSLA maximum civil penalty amount at least once every three years to reflect any increase in the Consumer Price Index (CPI) to account for inflation (43 U.S.C. 1350(b)(1)). The FCPIA of 2015 requires Federal agencies to adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment, if warranted, through rulemaking and then to make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. Regulations at Sec. Sec. 291.110 and 291.113 address civil penalties for failure to provide BSEE additional requested information, and/or to comply with a BSEE order to provide open access or nondiscriminatory access. This authority and responsibility are among those delegated to BSEE. The regulations at 30 CFR 291 concern open and nondiscriminatory access to pipelines, and are the subject of this collection. This request also covers any related Notices to Lessees and Operators (NTLs) that BSEE issues to clarify, supplement, or provide additional guidance on some aspects of our regulations. Responses are voluntary but are required to obtain or retain a benefit. No questions of a sensitive nature are asked. The BSEE protects information considered confidential commercial or proprietary according to the Freedom of Information Act (5 U.S.C. 552) and DOI's implementing regulations (43 CFR 2); 30 CFR 291.111, How does BSEE treat the confidential information I provide. The BSEE uses the submitted information to initiate a more detailed review 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. Alternative dispute resolution may be used either before or after a complaint has been filed to informally resolve the dispute. The BSEE may request additional information upon completion of the initial review. Frequency: On occasion. Description of Respondents: Potential respondents include companies that ship or transport oil and gas production across the OCS; as well as, Federal OCS oil, gas, or sulfur lessees and/or operators and holders of pipeline rights-of-way. Estimated Reporting and Recordkeeping Hour Burden: The estimated annual hour burden for this information collection is a total of 51 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. Burden Breakdown ---------------------------------------------------------------------------------------------------------------- Average number Citation 30 CFR 291 Reporting and recordkeeping Hour burden of annual Annual burden requirements responses hours ---------------------------------------------------------------------------------------------------------------- Non-hour cost burden ---------------------------------------------------------------------------------------------------------------- 105, 106, 108, 109, 111............ Submit complaint (with fee) 50 1 50 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 reduction 1 1 1 of fee. ----------------------------------------------- 104(b), 107, 111................... Submit response to a Information required after an 0 complaint. Request investigation is opened confidential treatment and against a specific entity is respond to BSEE decision. exempt under the PRA (5 CFR 1320.4(a)(2), (c)) 110................................ Submit required information for BSEE to make a decision. 114, 115(a)........................ Submit appeal on BSEE final decision. ----------------------------------------------- Total Burden................... ........................... .............. 2 51 ------------------------------- $7,500 Non-Hour Cost Burden ---------------------------------------------------------------------------------------------------------------- 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: 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 collection is necessary or useful; (b) evaluate the accuracy of the burden of the proposed collection of information; (c) enhance [[Page 17855]] the quality, usefulness, and clarity of the information to be collected; and (d) minimize the burden on the respondents, including the use of technology. To comply with the public consultation process, on September 22, 2016, BSEE published a Federal Register notice (81 FR 65403) announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. In addition, Sec. 291.1 provides the OMB Control Number for the information collection requirements imposed by the 30 CFR part 291 regulations. The regulation also informs the public that they may comment at any time on the collections of information and provides the address to which they should send comments. We received one comment in response to the Federal Register notice; however, it was not germane to this collection. 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. Authority: The authorities for this action are the Outer Continental Shelf (OCS) Lands Act (43 U.S.C. 1334), and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). Dated: February 28, 2017. Eric Miller, Acting Deputy Chief, Office of Offshore Regulatory Programs. [FR Doc. 2017-07475 Filed 4-12-17; 8:45 am] BILLING CODE 4310-VH-P
![Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices 17853
the John Day—Snake RAC is requested DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION:
prior to the start of each meeting. Title: 30 CFR part 291, Open and
Bureau of Safety and Environmental Nondiscriminatory Access to Oil and
The May 18 meeting will consist of a
Enforcement (BSEE) Gas Pipelines Under the OCS Lands Act.
field trip to the Greater sage-grouse OMB Control Number: 1014–0012.
habitat to the east of Baker City to [Docket ID BSEE–2016–0015; OMB Number Abstract: The Outer Continental Shelf
discuss the presence of the species as 1014–0012; 17XE1700DX EEEE500000
EX1SF0000.DAQ000]
(OCS) Lands Act (OCSLA) at 43 U.S.C.
well as public uses on the same land. 1334 authorizes the Secretary of the
The tour will begin at 8 a.m. PDT and Information Collection Activities: Open Interior to prescribe rules and
end at 5 p.m. PDT. The May 19 meeting and Nondiscriminatory Access to Oil regulations necessary for the
will begin at 8 a.m. PDT and end at 3 and Gas Pipelines Under the OCS administration of the leasing provisions
p.m. PDT. The agenda will be released Lands Act; Submitted for Office of of that Act related to mineral resources
online at https://www.blm.gov/site- Management and Budget (OMB) on the OCS. Such rules and regulations
page/get-involved-resource-advisory- Review; Comment Request will apply to all operations conducted
council-near-you-oregon-washington- under a lease, right-of-way, or a right-of-
john-day-rac by May 1, 2017. Agenda ACTION: 30-day notice. use and easement. Operations on the
items for the meeting include: OCS must preserve, protect, and
SUMMARY: To comply with the develop oil and natural gas resources in
Discussion and impressions from the
Paperwork Reduction Act of 1995 a manner that is consistent with the
field trip; the Baker County Local
(PRA), the Bureau of Safety and need to make such resources available
Improvement Team’s work on Greater
Environmental Enforcement (BSEE) is to meet the Nation’s energy needs as
sage-grouse habitat improvement; Snake notifying the public that we have rapidly as possible; to balance orderly
River management; the Walden Lake submitted to OMB an information energy resource development with
OHV trail proposal; a report from the collection request (ICR) to renew protection of human, marine, and
Deschutes River fee sub-committee; and approval of the paperwork requirements coastal environments; to ensure the
a discussion on public education in the regulations, Open and public a fair and equitable return on the
opportunities. Any other matters that Nondiscriminatory Access to Oil and resources of the OCS; and to preserve
may reasonably come before the John Gas Pipelines Under the OCS Lands Act. and maintain free enterprise
Day—Snake RAC may also be This notice also provides the public a competition.
addressed. second opportunity to comment on the The OCSLA requires open and
The agenda includes a 30-minute paperwork burden of these regulatory nondiscriminatory access to oil and gas
public comment period that will begin requirements. pipelines. The OCSLA provides the
at 11:30 on May 19. Each speaker may DATES: You must submit comments by Secretary of the Interior the authority to
address the John Day—Snake RAC for a issue and enforce rules to assure open
May 15, 2017.
and nondiscriminatory access to
maximum of 5 minutes. Meeting times ADDRESSES: Submit comments by either pipelines. These regulations provide a
and the duration of the scheduled fax (202) 395–5806 or email (OIRA_ mechanism for entities who believe they
public comment period may be Submission@omb.eop.gov) directly to have been denied open and
extended or altered when the authorized the Office of Information and Regulatory nondiscriminatory access to pipelines
representative considers it necessary to Affairs, OMB, Attention: Desk Officer on the OCS. The BSEE established a
accommodate necessary business and for the Department of the Interior (1014– process, via the subject regulations, to
all who seek to be heard regarding 0012). Please provide a copy of your submit complaints alleging denial of
matters before the John Day—Snake comments to BSEE by any of the means access or discriminatory access for a
RAC. below. shipper transporting oil or gas
• Electronically go to http:// production from Federal leases on the
Before including your address, phone
www.regulations.gov. In the Search box, OCS. The complaint should include a
number, email address, or other
enter BSEE–2016–0015 then click comprehensive written brief stating the
personal identifying information in your
search. Follow the instructions to legal and factual basis for the allegation
comments, please be aware that your submit public comments and view all
entire comment—including your that a shipper was denied open and
related materials. We will post all nondiscriminatory access, together with
personal identifying information—may comments.
be made publicly available at any time. supporting material. Upon completion,
• Email kye.mason@bsee.gov, fax the BSEE Director will review the
While you can ask us in your comment (703) 787–1546, or mail or hand-carry complaint, answer, and other
to withhold your personal identifying comments to: Department of the information, and will serve all parties
information from public review, we Interior; BSEE; Regulations and with a written decision that may
cannot guarantee that we will be able to Standards Branch; ATTN: Nicole include remedial action.
do so. Mason; 45600 Woodland Road, Sterling, The Independent Offices
VA 20166. Please reference 1014–0012 Appropriations Act (31 U.S.C. 9701), the
Donald Gonzalez,
in your comment and include your Omnibus Appropriations Bill (Pub. L.
Vale District Manager. name and return address. 104–133, 110 Stat. 1321, April 26,
[FR Doc. 2017–07484 Filed 4–12–17; 8:45 am]
FOR FURTHER INFORMATION CONTACT: 1996), and OMB Circular A–25,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
BILLING CODE 4310–33–P Nicole Mason, Regulations and authorize Federal agencies to recover
Standards Branch, (703) 787–1607, to the full cost of services that confer
request additional information about special benefits. Under the Department
this ICR. To see a copy of the entire ICR of the Interior’s implementing policy,
submitted to OMB, go to http:// BSEE is required to charge fees for
www.reginfo.gov (select Information services that provide special benefits or
Collection Review, Currently Under privileges to an identifiable non-Federal
Review). recipient above and beyond those which
VerDate Sep<11>2014 17:51 Apr 12, 2017 Jkt 241001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\13APN1.SGM 13APN1](https://thefederalregister.org/doc/82_FR_17923/page/1.svg)
![Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices 17855
the quality, usefulness, and clarity of SUMMARY: To comply with the use and easement. Operations on the
the information to be collected; and (d) Paperwork Reduction Act of 1995 OCS must preserve, protect, and
minimize the burden on the (PRA), the Bureau of Safety and develop oil and natural gas resources in
respondents, including the use of Environmental Enforcement (BSEE) is a manner that is consistent with the
technology. notifying the public that we have need to make such resources available
To comply with the public submitted to the Office of Management to meet the Nation’s energy needs as
consultation process, on September 22, and Budget (OMB) an information rapidly as possible; to balance orderly
2016, BSEE published a Federal collection request (ICR) to renew energy resource development with
Register notice (81 FR 65403) approval of the paperwork requirements protection of human, marine, and
announcing that we would submit this in the regulations under subpart I, coastal environments; to ensure the
ICR to OMB for approval. The notice Platforms and Structures. This notice public a fair and equitable return on the
provided the required 60-day comment also provides the public a second resources of the OCS; and to preserve
period. In addition, § 291.1 provides the opportunity to comment on the revised and maintain free enterprise
OMB Control Number for the paperwork burden of these regulatory competition.
information collection requirements requirements. In addition to the general rulemaking
imposed by the 30 CFR part 291 authority of the OCSLA at 43 U.S.C.
DATES: You must submit comments by 1334, section 301(a) of the Federal Oil
regulations. The regulation also informs May 15, 2017.
the public that they may comment at and Gas Royalty Management Act
ADDRESSES: Submit comments by either (FOGRMA), 30 U.S.C. 1751(a), grants
any time on the collections of
information and provides the address to fax (202) 395–5806 or email (OIRA_ authority to the Secretary to prescribe
which they should send comments. We Submission@omb.eop.gov) directly to such rules and regulations as are
received one comment in response to the Office of Information and Regulatory reasonably necessary to carry out
the Federal Register notice; however, it Affairs, OMB, Attention: Desk Officer FOGRMA’s provisions. While the
was not germane to this collection. for the Department of the Interior (1014– majority of FOGRMA is directed to
Public Availability of Comments: 0011). Please provide a copy of your royalty collection and enforcement,
Before including your address, phone comments to BSEE by any of the means some provisions apply to offshore
number, email address, or other below. operations. For example, section 108 of
personal identifying information in your • Electronically: Go to http:// FOGRMA, 30 U.S.C. 1718, grants the
comment, you should be aware that www.regulations.gov. In the Search box, Secretary broad authority to inspect
your entire comment—including your enter BSEE–2016–0014 then click lease sites for the purpose of
personal identifying information—may search. Follow the instructions to determining whether there is
be made publicly available at any time. submit public comments and view all compliance with the mineral leasing
While you can ask us in your comment related materials. We will post all laws. Section 109(c)(2) and (d)(1), 30
to withhold your personal identifying comments. U.S.C. 1719(c)(2) and (d)(1), impose
information from public review, we • Email kye.mason@bsee.gov, fax substantial civil penalties for failure to
cannot guarantee that we will be able to (703) 787–1546, or mail or hand-carry permit lawful inspections and for
do so. comments to the Department of the knowing or willful preparation or
BSEE Information Collection Interior; Bureau of Safety and submission of false, inaccurate, or
Clearance Officer: Nicole Mason, 703– Environmental Enforcement; misleading reports, records, or other
Regulations and Standards Branch; information. Because the Secretary has
787–1607.
ATTN: Nicole Mason; 45600 Woodland delegated some of the authority under
Authority: The authorities for this action Road, Sterling, VA 20166. Please FOGRMA to the Bureau of Safety and
are the Outer Continental Shelf (OCS) Lands reference ICR 1014–0011 in your Environmental Enforcement (BSEE), 30
Act (43 U.S.C. 1334), and the Paperwork U.S.C. 1751 is included as additional
Reduction Act of 1995 (44 U.S.C. 3501, et
comment and include your name and
seq.). return address. authority for these requirements.
FOR FURTHER INFORMATION CONTACT:
The Independent Offices
Dated: February 28, 2017. Appropriations Act (31 U.S.C. 9701), the
Nicole Mason, Regulations and
Eric Miller, Omnibus Appropriations Bill (Pub. L.
Standards Branch, (703) 787–1607, to
Acting Deputy Chief, Office of Offshore request additional information about 104–133, 110 Stat. 1321, April 26,
Regulatory Programs.
this ICR. To see a copy of the entire ICR 1996), and OMB Circular A–25,
[FR Doc. 2017–07475 Filed 4–12–17; 8:45 am]
submitted to OMB, go to http:// authorize Federal agencies to recover
BILLING CODE 4310–VH–P the full cost of services that confer
www.reginfo.gov (select Information
special benefits. Under the Department
Collection Review, Currently Under
of the Interior’s implementing policy,
Review).
DEPARTMENT OF THE INTERIOR BSEE is required to charge fees for
SUPPLEMENTARY INFORMATION: services that provide special benefits or
Bureau of Safety and Environmental Title: 30 CFR 250, subpart I, Platforms privileges to an identifiable non-Federal
Enforcement and Structures. recipient above and beyond those which
OMB Control Number: 1014–0011. accrue to the public at large. Various
[Docket ID BSEE–2016–0014; OMB Control Abstract: The Outer Continental Shelf applications and reports for Platform
Number 1014–0011; 17XE1700DX (OCS) Lands Act (OCSLA) at 43 U.S.C. Verification Program, fixed structure,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
EEEE500000 EX1SF0000.DAQ000] 1334 authorizes the Secretary of the Caisson/Well Protector, and
Interior to prescribe rules and modification repairs are subject to cost
Information Collection Activities: regulations necessary for the recovery, and BSEE regulations specify
Platforms and Structures; Submitted administration of the leasing provisions service fees for these requests
for Office of Management and Budget of that Act related to mineral resources (§ 250.125).
Review; Comment Request on the OCS. Such rules and regulations On November 2, 2015, the President
will apply to all operations conducted signed into law the Federal Civil
ACTION: 30-Day notice.
under a lease, right-of-way, or a right-of- Penalties Inflation Adjustment Act
VerDate Sep<11>2014 17:51 Apr 12, 2017 Jkt 241001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\13APN1.SGM 13APN1](https://thefederalregister.org/doc/82_FR_17923/page/3.svg)
Document Created: 2017-04-13 01:08:48
Document Modified: 2017-04-13 01:08:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | 30-day notice. | |
| Dates | You must submit comments by May 15, 2017. | |
| Contact | Nicole Mason, Regulations and Standards Branch, (703) 787-1607, to request additional information about this ICR. To see a copy of the entire ICR submitted to OMB, go to http://www.reginfo.gov (select Information Collection Review, Currently Under Review). | |
| FR Citation | 82 FR 17853 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR