SUPPLEMENTARY INFORMATION:

In accordance with the Paperwork Reduction Act of 1995, BOEM provides the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps BOEM assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand BOEM's information collection requirements and provide the requested data in the desired format.

BOEM is soliciting comments on the proposed ICR described below. BOEM is ( printed page 27982) especially interested in public comments addressing the following issues: (1) is the collection necessary to the proper functions of BOEM; (2) what can BOEM do to ensure that this information is processed and used in a timely manner; (3) is the burden estimate accurate; (4) how might BOEM enhance the quality, utility, and clarity of the information to be collected; and (5) how might BOEM minimize the burden of this collection on the respondents, including minimizing the burden through the use of information technology?

Comments that you submit in response to this notice are a matter of public record. BOEM will include or summarize each comment in its ICR to OMB for approval of this information collection. You should be aware that your entire comment—including your address, phone number, email address, or other personally identifiable information included in your comment—may be made publicly available at any time. Even if BOEM withholds your personally identifiable information in the context of this ICR, your comment is subject to the Freedom of Information Act (FOIA) (5 U.S.C. 552). Your information will only be withheld if a determination is made that one of the FOIA exemptions to disclosure applies. Such a determination will be made in accordance with the Department of the Interior's (DOI) FOIA implementing regulations (43 CFR part 2) and applicable law.

In order for BOEM to consider withholding from disclosure your personally identifiable information, you must identify, in a cover letter, any information contained in the submittal of your comments that, if released, would constitute a clearly unwarranted invasion of your personal privacy. You must also briefly describe any possible harmful consequences of the disclosure of information, such as embarrassment, injury, or other harm. Note that BOEM will make available for public inspection, in their entirety, all comments submitted by organizations and businesses, or by individuals identifying themselves as representatives of organizations or businesses.

BOEM protects proprietary information in accordance with FOIA, DOI's implementing regulations at 43 CFR part 2, and 30 CFR 580.70, promulgated pursuant to the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1352(c)).

Title of Collection:30 CFR part 553, “Oil Spill Financial Responsibility for Offshore Facilities.”

Abstract: Title I of the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et seq.) provides at section 1016 that oil spill financial responsibility (OSFR) for offshore facilities be established and maintained according to methods determined acceptable to the President. Section 1016 of the OPA, as amended, supersedes the offshore facility oil spill financial responsibility provisions of the OCS Lands Act. These authorities and responsibilities are among those delegated to BOEM under which BOEM issues regulations governing oil and gas and sulfur operations in the OCS.

This information collection request addresses the regulations at 30 CFR 553, Oil Spill Financial Responsibility for Offshore Facilities. BOEM collects the information to ensure proper and efficient administration of its oil spill financial responsibility requirements. BOEM collects this information to:

• Provide a standard method for establishing whether a party is required to demonstrate oil spill financial responsibility for offshore facilities;
• Identify and maintain a record of those offshore facilities that have a potential oil spill liability requiring the demonstration of oil spill financial responsibility;
• Establish and maintain a continuous record of evidence of oil spill financial responsibility to assure payment of claims for oil spill cleanup and damages resulting from operations conducted on covered offshore facilities and from the transportation of oil from covered offshore facilities;
• Establish and maintain a continuous record of responsible parties, as defined in Title I of the Oil Pollution Act of 1990, and their agents or authorized representatives for oil spill financial responsibility for covered offshore facilities; and
• Establish and maintain a continuous record of persons to contact and U.S. agents for service of process for claims associated with oil spills from covered offshore facilities.

BOEM uses the information collected under 30 CFR part 553 to verify compliance with section 1016 of OPA. This information is necessary to confirm that designated applicants can cover cleanup costs and damages resulting from hydrocarbon discharges originating from offshore facilities. BOEM uses these forms to ensure the effective and efficient administration of oil spill financial responsibility requirements.

BOEM is revising Forms BOEM-1019 (Insurance Certificate), BOEM-1020 (Surety Bond), and BOEM-1023 (Financial Guarantee) to reflect updated requirements for oil spill financial responsibility, expressly tying the applicable coverage period to when an incident begins. The revisions align the forms with BOEM's updated policy that OSFR providers going forward are responsible only for claims arising from incidents that occur on or after the effective date of the applicable OSFR instrument and before its termination. These changes do not apply retroactively to OSFR providers on earlier iterations of the forms.

OMB Control Number: 1010-0106.

Form Number(s):

• BOEM-1016, Designated Applicant Information Certification
• BOEM-1017, Appointment of Designated Applicant
• BOEM-1018, Self-Insurance Information
• BOEM-1019, Insurance Certificate
• BOEM-1020, Surety Bond
• BOEM-1021, Covered Offshore Facilities
• BOEM-1022, Covered Offshore Facility Changes
• BOEM-1023, Financial Guarantee
• BOEM-1025, Independent Designated Applicant Information Certification

Type of Review: Revision of a currently approved information collection.

Respondents/Affected Public: Designated applicants and holders of leases, permits, right-of-way grants, and right-of-use and easement grants on the OCS and in State coastal waters who are responsible parties. Other respondents may be designated applicants and brokers, bonding companies, and guarantors. Some respondents may also be claimants.

Total Estimated Number of Annual Responses: 2,223 responses.

Total Estimated Number of Annual Burden Hours: 28,245 hours.

Respondent's Obligation: Mandatory

Frequency of Collection: On occasion or annual.

Total Estimated Annual Non-Hour Burden Cost: None.

Estimated Reporting and Recordkeeping Hour Burden:

The current annual burden for this collection is 34,695 hours. BOEM proposes reducing the burden to 28,245 hours due to faster OSFR demonstration methods, such as increased use of self-insurance and financial guarantees, and a decrease in the number of companies maintaining OSFR coverage.

The following table details the regulatory sections containing information collections and their respective hour burden estimates. In the table, the term “oil spill financial responsibility” has been shortened to “OSFR.” In calculating the burdens, we assumed the respondents perform ( printed page 27983) 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.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

91 FR 27981