# Agency Information Collection Activities: Proposed Collection; Comment Request

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A98-22163

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** August 18, 1998
- **Citation:** 63 FR 44271

## Text

DEPARTMENT OF THE INTERIOR

Minerals Management Service

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of revision of a currently approved information
collection.

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

SUMMARY: As part of its continuing effort to reduce paperwork and
respondent burden, we invite the public and other Federal agencies to
comment on a proposal to revise the previously approved collection of
information discussed below. The Paperwork Reduction Act of 1995 (PRA)
provides that 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 Office of Management and Budget (OMB) control number.

DATES: Submit written comments by October 19, 1998.

ADDRESSES: Direct all written comments to the Rules Processing Team,
Minerals Management Service, Mail Stop 4024, 381 Elden Street, Herndon,
Virginia 20170-4817.

FOR FURTHER INFORMATION CONTACT: Alexis London, Rules Processing Team,
telephone (703) 787-1600. You may also contact Alexis London to obtain
a copy of the proposed collection of information at no cost.

SUPPLEMENTARY INFORMATION:
Title: Form MMS-131, Performance Measures for OCS Operators.
OMB Control Number: 1010-0112.
Abstract: The Outer Continental Shelf Lands Act (OCSLA), at 43
U.S.C. 1331 et seq., requires the Secretary of the Interior to
preserve, protect, and develop oil and gas resources on the Outer
Continental Shelf (OCS); make such resources available to meet the
Nation's energy needs as rapidly as possible; balance orderly energy
resource development with protection of the human, marine, and coastal
environment; ensure the public a fair and equitable return on the
resources offshore; and preserve and maintain free enterprise
competition.
In a collaborative effort with representatives of 17 oil and gas
companies, representatives of five trade associations (American
Petroleum Institute, Offshore Operators Committee, International
Petroleum Association of America, International Association of Drilling
Contractors, and National Ocean Industries Association), and the Coast
Guard, we developed a set of performance measures intended to (1)
determine if OCS safety and environmental performance is improving over
time through the implementation of the Safety and Environmental
Management Program (SEMP) on the OCS, (2) provide an industry average
and range for various quantitative measures against which companies can
compare themselves, (3) give us assurance that an operator's safety and
environmental performance is improving, and (4) provide comparison data
on which companies with good performance can base their requests for
MMS approval of alternative approaches to compliance with its
regulatory objectives. Like the implementation of SEMP, participation
in the performance measures effort is voluntary.
However, the quality of the information that we garner from
analysis of the data depends on the widespread support of this effort.
Based upon our experience this first year, and the comments and
suggestions from respondents, we propose to revise Form MMS-131 to
remove certain data elements that require OCS operators to perform
calculations that we can easily do. The only proposed substantive
revision is to revise the form to clarify that respondents report all
permit violations under a National Pollutant Discharge Elimination
System permit issued by the Environmental Protection Agency. This data
element was previously, and erroneously, restricted to permit
exceedences. Exceedences are a subcategory of non-compliances but
information for both categories is obtained from the same source--the
operator's monthly Discharge Monitoring Report.
The data elements on the revised form are:

[[Page 44272]]

(a) Separated by Production Operations; Drilling and Workover
Operations (including Allied Services); and Construction Operations:
Number of company employee recordable accidents,
Number of contract employee recordable accidents,
Number of company employee lost time accidents,
Number of contract employee lost time accidents,
Company employee hours worked,
Contract employee hours worked,
(b) By totals:
Number of Environmental Protection Agency (EPA) National
Pollution Discharge Elimination System (NPDES) reported non-
compliances,
Oil spills <1 bbl by number and volume.
We use the information collected to work with industry
representatives to identify ``pacesetter'' companies and ask them to
make presentations at periodic best practice sharing workshops. We can
better focus regulatory and research programs on areas where the
performance measures indicate that operators are having difficulty
meeting our expectations. We are more effective in leveraging resources
by redirecting research efforts, promoting appropriate regulatory
initiatives, and shifting inspection program emphasis. The performance
measures also give us a verifiable gauge against which to judge the
reasonableness of company requests for our approval of alternative
approaches to comply with our regulatory objectives. They also provide
a starting point for the dialog in the annual performance review
meetings between company management and us.
Company management use the information to understand how the
offshore operators are doing as a group and where their own company
ranks. It provides information for them to know on what areas to focus
their continuous improvement efforts. This should lead to more cost-
effective prevention actions. Offshore operators and organizations use
the information as a credible data source to demonstrate to those
outside the industry how the industry and individual companies are
performing.
If respondents submit confidential or proprietary information, we
will protect such information in accordance with the Freedom of
Information Act; 30 CFR 250.118, Data and information to be made
available to the public; and 30 CFR Part 252, OCS Oil and Gas
Information Program. No items of a sensitive nature are involved. The
requirement to respond is voluntary.
Frequency: Annual basis in the first quarter of the calendar year.
Estimated Number and Description of Respondents: 100 Federal OCS
oil and gas or sulphur lessees and operators.
Estimated Reporting and Recordkeeping ``Hour''Burden: 8-16 burden
hours per response. The previous estimate was 28 hours per response;
however, we expected this to decrease after respondents became more
familiar with the performance measures. Several companies informally
indicated that the burden was not significant for the first report and
would be even less now that they are set up to report the information.
In parenthesis are the estimates reported to us by two major companies
(4 and 10 hours), two small companies (1 and 4 hours), and 1 very small
operator (unsure but possibly several days) that we contacted.
Estimated Reporting and Recordkeeping ``Cost'' Burden: We have
identified no cost burdens on respondents for providing this
information.
Comments: We will summarize written responses to this notice and
address them in our submission for OMB approval. All comments are
public record. In calculating the burden, we may have assumed that
respondents maintain much of the information collected in the normal
course of their activities, and we considered that to be usual and
customary business practice.
(1) The MMS specifically solicits comments on the following
questions:
(a) Is the proposed collection of information necessary for the
proper performance of MMS's functions, and will it be useful?
(b) Are the estimates of the burden hours of the proposed
collection reasonable?
(c) Do you have any suggestions that would enhance the quality,
clarity, or usefulness of the information to be collected?
(d) Is there a way to minimize the information collection burden on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other forms of information
technology?
(2) In addition, the PRA requires agencies to estimate the total
annual cost burden to respondents as a direct result of this collection
of information. The MMS needs your comments on this item. Your response
should split the cost estimate into two components: (a) total capital
and startup cost component; and (b) annual operation, maintenance, and
purchase of services component. Your estimates should consider the
costs to generate, maintain, and disclose or provide the information.
You should describe the methods you use to estimate major cost factors,
including system and technology acquisition, expected useful life of
capital equipment, discount rate(s), and the period over which you
incur costs. Capital and startup costs include, among other items,
computers and software you purchase to prepare for collecting
information; monitoring, sampling, drilling, and testing equipment; and
record storage facilities. Do not include in your estimates equipment
or services purchased: (i) before October 1, 1995; (ii) to comply with
requirements not associated with the information collection; (iii) for
reasons other than to provide information or keep records for the
Government; or (iv) as part of customary and usual business or private
practices.
MMS Information Collection Clearance Officer: Jo Ann Lauterbach,
(202) 208-7744.

Dated: August 10, 1998.
William S. Cook,
Acting Chief, Engineering and Operations Division.
[FR Doc. 98-22163 Filed 8-17-98; 8:45 am]
BILLING CODE 4310-MR-P

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-22163. Public record. Not legal advice.
