[Federal Register Volume 79, Number 34 (Thursday, February 20, 2014)]
[Pages 9752-9753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03627]



Bureau of Safety and Environmental Enforcement (BSEE)

[Docket ID BSEE-2013-0010; OMB Number 1014-0012; 134E1700D2 EEEE500000 

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), 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 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 March 24, 2014.

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-2013-0010 then click search. Follow the 
instructions to submit public comments and view all related materials. 
We will post all comments.
     Email [email protected] mail to: 
[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; 381 Elden Street, HE3313; 
Herndon, Virginia 20170-4817. 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) 787-1605, 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).

    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), as 
amended (43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), 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 
    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 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.
    Regulations implementing these responsibilities are among those 
delegated to BSEE. 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 proprietary under the Freedom of 
Information Act (5 U.S.C. 552) and DOI's implementing regulations (43 
CFR 2), and under regulations at 30 CFR 250.197, Data and information 
to be made available to the public or for limited inspection, 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 OCS 
Federal oil, gas, or sulphur lessees and/or operators.
    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.

[[Page 9753]]

                                                                           Non-hour cost burden
                                      Reporting and                               Average
      Citation 30 CFR 291             recordkeeping                              number of       Annual burden
                                       requirements           Hour burden         annual             hours
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
                                  complaint. Request       investigation is opened against a
                                  confidential treatment    specific entity is exempt under
                                  and respond to BSEE         the PRA (5 CFR 1320.4(a)(2),
                                  decision.                              (c)).
110............................  Submit required
                                  information for BSEE
                                  to make a decision.
114, 115(a)....................  Submit appeal on BSEE
                                  final decision.
    TOTAL BURDEN...............  .......................  ..................     2 Responses  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 the 
quality, usefulness, and clarity of the information to be collected; 
and (d) minimize the burden on the respondents, including the use of 
    To comply with the public consultation process, on November 18, 
2013, we published a Federal Register notice (78 FR 69121) 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 no comments in response to the Federal Register 
notice or any unsolicited comments.
    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: Cheryl Blundon, 703-

    Dated: February 11, 2014.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2014-03627 Filed 2-19-14; 8:45 am]