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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1010-0006
ICR Reference No:
202306-1010-004
Status:
Historical Inactive
Previous ICR Reference No:
202101-1010-001
Agency/Subagency:
DOI/BOEM
Agency Tracking No:
1010-AE14
Title:
Risk Management and Financial Assurance for OCS Lease and Grant Obligations
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
09/21/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/29/2023
Terms of Clearance:
In accordance with 5 CFR 1320.11(c), OMB is filing comment and withholding approval at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. Given that the cost estimates presented rely largely on non-public data, the agency is requested to work with OMB to increase the amount of quality supporting information underlying the cost estimates before this information collection is submitted for renewal. Lastly, the supporting statement submitted at final rule stage should include any changes that occurred between the proposed and final rule related to this ICR.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2026
36 Months From Approved
03/31/2026
Responses
21,826
0
21,826
Time Burden (Hours)
21,935
0
21,935
Cost Burden (Dollars)
766,053
0
766,053
Abstract:
The Department of the Interior, acting through BOEM, proposes in its Notice of Proposed Rulemaking, entitled, “Risk Management and Financial Assurance for OCS Lease and Grant Obligations” (RIN 1010-AE14) to modify its criteria for determining whether oil, gas, and sulfur lessees, right-of-use and easement grant holders, and pipeline right-of-way grant holders may be required to provide bonds or other financial assurance above the regulatorily prescribed base bonds to ensure compliance with their Outer Continental Shelf Lands Act obligations. This proposed rule would also remove existing restrictive provisions for third-party guarantees and decommissioning accounts and would add new criteria under which a bond or third-party guarantee that was provided as supplemental financial assurance may be cancelled. Additionally, this proposed rule would clarify bonding requirements for RUEs serving Federal leases.
Authorizing Statute(s):
US Code:
43 USC 1331 and 1801
Name of Law: OCSLA
US Code:
31 USC 9701
Name of Law: IOAA
US Code:
42 USC 6213(C)
Name of Law: Energy Policy and Conservation Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1010-AE14
Proposed rulemaking
88 FR 42132
06/29/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
13
IC Title
Form No.
Form Name
30 CFR 550.1011(a) Bond Requirements for Pipeline Right-of-Way Holders
BOEM-2030
OCS Pipeline Right-of-Way Grant Bond
30 CFR 556 - Subpart A
30 CFR 556 - Subpart B
30 CFR 556 - Subpart C
30 CFR 556 - Subpart D
30 CFR 556 - Subpart E
30 CFR 556 - Subpart G - BOEM-150 Assignment of Record Title Interest in Federal OCS O&G Leases
BOEM-150
Assignment of Record Title Interest in Federal OCS Oil and Gas Lease
30 CFR 556 - Subpart H - BOEM-0151 Assignment of Operating Rights Interest in Federal OCS O&G Leases
BOEM-0151
Assignment of Operating Rights Interest in Federal OCS Oil and Gas Lease
30 CFR 556 - Subpart I
BOEM-2028, BOEM-2028A
Outer Continental Shelf (OCS) Mineral Lessee's and Operator's Bond
,
Outer Continental Shelf (OCS) Mineral Lessee's and Operator's Supplemental Plugging and Abandonment Bond
30 CFR 556 - Subpart I w/o forms
30 CFR 556 - Subpart K - BOEM-152 - Relinquishment of Federal OCS O&G Leases
BOEM-152
Relinquishment of Federal OCS Oil and Gas Lease
30 CFR 556 - Subparts G & H - Document filings
30 CFR Part 556 - Subpart K
30 CFR Part 560
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Overall, this proposed rule would result in the following adjustments in hour burden, which would lead to an overall increase of 77 annual burden hours: Base Bonds and Supplemental Financial Assurance The hours per response for all respondents (i.e., a lessee, grant holder, a co-lessee, and a co-grant holder) who show financial worth/ability to carry out present and future financial obligations as demonstrated by an issuer credit rating, or a proxy credit rating determined by BOEM based on audited financial information, will remain at 3.5 hours as approved by OMB. The number of responses for the provisions related to §§ 550.160, 550.166, 550.1011, and 556.900-902 would decrease to 160 respondents from 166 respondents due to program changes. The related existing and new provisions would result in a decrease of 21 burden hours from 581 to 560 annual burden hours (3.5 hours x -6 hours = -21 annual burden hours) BOEM proposes to add paragraph (h) to § 556.901 to establish the limited opportunity to provide the required supplemental financial assurance demanded during the first 3 years after the effective date of this regulation in three installments. This provision would establish the timing and amounts of staggered supplemental financial assurance that would be demanded. This would likely increase the number of submissions for the 3 payments required for supplemental financial assurance, but only for the first 3 years after the effective date of this regulation. OMB has approved 135 submissions which take 20 minutes per submission (total existing annual burden hours is 45 hours. BOEM estimates the burden hours to be 135 annual burden hours (405 submissions x 20 minutes), which is an increase of 90 hours over existing OMB approval. (+90 hours). Third-party Guarantees Proposed § 556.905(b)(2) would be revised to eliminate the requirement that, when a guarantor becomes unqualified, a lessee must cease production, until supplemental financial assurance coverage requirements are met. The regulatory provision would be replaced with a requirement to immediately submit and maintain a substitute surety bond or other security. Both the existing and proposed provisions require the lessee to provide surety bond coverage; however, BOEM’s current OMB Control Number 1010-0006 does not quantify the burdens associated with either situation. Therefore, BOEM would add approximately 8 annual burden hours to OMB Control Number 1010-0006 for any lessee whose guarantor became unqualified (+8 hours).
Annual Cost to Federal Government:
$2,989,249
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Anna Atkinson 202 912-7438 amatkinson@blm.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
06/29/2023