0176 SS Surname 2-7-13

Supporting Statement for Paperwork Reduction Act Submission

30 CFR 585, Renewable Energy and Alternate Uses of Existing

Facilities on the Outer Continental Shelf

Forms BOEM-0002, BOEM-0003, BOEM-0004, BOEM-0005, and BOEM-0006

OMB Control Number 1010-0176

Current Expiration Date: March 31, 2013

Terms of Clearance: None

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When statistical methods are employed, Section B of the Supporting Statement must be completed. The Office of Management and Budget (OMB) reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

The Outer Continental Shelf (OCS) Lands Act, as amended (43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes the Secretary of the Interior to issue leases, easements, or rights-of-way on the OCS for activities that produce or support production, transportation, or transmission of energy from sources other than oil and gas (renewable energy). Specifically, subsection 8(p) of the OCS Lands Act, as amended by section 388 of the Energy Policy Act of 2005 (P.L. 109-58), directs the Secretary of the Interior to issue any necessary regulations to carry out the OCS renewable energy program. The Secretary delegated the authority to issue such regulations and implement an OCS renewable energy program to the Bureau of Ocean Energy Management (BOEM). The BOEM has issued regulations at 30 CFR Part 585 that establish procedures for administering the renewable energy program on the OCS and for authorizing other energy and marine-related activities that involve the use of existing facilities on the OCS.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. [Be specific. If this collection is a form or a questionnaire, every question needs to be justified.]

Respondents operating under these regulations conduct commercial and noncommercial technology projects that include installation, construction, operation and maintenance, and decommissioning of offshore facilities, as well as possible onshore support facilities. The BOEM must ensure that these activities and operations on the OCS are carried out in a safe and environmentally sound manner, do not interfere with the rights of other users on the OCS, and balance the protection and development of OCS resources. To do this, BOEM needs information concerning the proposed activities, facilities, safety equipment, inspections and tests, and natural and manmade hazards near the site, as well as assurance of fiscal responsibility. Specifically, BOEM will use the information collected under part 585 to:

● Determine if applicants and assignees are qualified to hold leases on the OCS. Information is used to track ownership of leases as to record title, operating rights, and right-of-way (ROW) or right-of-use and easement (RUE), as well as to approve requests to designate an operator to act on the lessee’s behalf. Information is necessary to approve assignment, relinquishment, or cancellation requests. Information is used to document that a lease, ROW, or RUE has been surrendered by the record title holder and to ensure that all legal obligations are met and facilities are properly decommissioned.

● Determine if an application for an ROW or RUE serves the purpose specified in the grant.

● Review and approve SAPs, COPs, and GAPs (plans) prior to allowing activities to commence on a lease to ensure that the activities will protect human, marine, and coastal environments of the OCS; to review plans for taking safety equipment out of service; to ensure alternate measures are used that will properly provide for the safety of the facilities. BOEM monitors the records concerning facility inspections and tests to ensure safety of operations and protection of the environment and to schedule their workload to permit witnessing and inspecting operations. The information provides lessees greater flexibility to comply with regulatory requirements through approval of alternative equipment or procedures and departures to regulations if they demonstrate equal or better compliance with the appropriate performance standards.

● Ensure that, if granted, proposed routes of an ROW or RUE do not conflict with any State requirements or unduly interfere with other OCS activities.

● Determine if all facilities, project easements, cables, pipelines, and obstructions, when they are no longer needed, are properly removed or decommissioned, and that the seafloor is cleared of all obstructions created by operations on the lease, project easement, RUE or ROW.

● Improve safety and environmental protection on the OCS through collection and analysis of accident reports to ascertain the cause of the accidents and to determine ways to prevent recurrences.

The BOEM collects some of the information on several forms for proper and efficient administration of OCS renewable energy leases and grants and to document the financial responsibility of lessees and grantees. Forms BOEM-0002, BOEM-0003, BOEM-0004, and BOEM-0006 are used by renewable energy entities on the OCS to designate an operator and to assign or relinquish a lease or grant. Form BOEM-0005 is used to procure and submit a bond for the purpose of meeting financial assurance requirements as set forth in the regulations

Respondents submit the following forms to BOEM under 30 CFR 585, subpart D.

OCS Renewable Energy Assignment of Grant, Form BOEM-0002

The BOEM uses the information in this form as the official record of the assignment of record title

interest in a renewable energy grant (Right-of-Way or Right-of-Use and Easement). Form BOEM-0002 is required under 30 CFR 585.409.

Page 1

● Heading:

The BOEM uses the information to identify the assigned grant interest and any new grant resulting from the assignment. The grantee will enter information in the fields identifying grant number, grant effective date, and the name of the BOEM regional office in which Form BOEM-0002 will be filed and maintained. The BOEM will provide any new grant number.

● Part A—Assignment:

The grantee will enter right, title, and interest being assigned and the name and company number of each Assignor and Assignee along with the percentage interests conveyed and received. The grantee may attach other provisions between Assignor(s) and Assignee(s) if it so wishes. The BOEM will enter the Authorized Official for BOEM, Title, and Approval Date. Assignment is effective on the date of BOEM approval.

Page 2

● Part B—Certification and Acceptance:

The grantee, as Assignor, will enter an effective date for the assignment, upon approval by BOEM. The Assignor(s) and Assignee(s) will complete the fields for By, Name, Title, and Execution Date, and in so doing will provide the certifications required: (1) Assignor certification that it owns the interest being assigned; (2) Assignee compliance with applicable debarment and suspension regulations and communication requirements; (3) Assignor and Assignee compliance with Equal Opportunity and Affirmative Action requirements; and (4) Assignee acceptance of all applicable terms, conditions, stipulations, and restrictions pertaining to the grant. The parties to the Assignment may provide for witnesses, notarial acknowledgements, or corporate seals if they so wish.

OCS Renewable Energy Assignment of Interest in Lease, Form BOEM-0003

The BOEM uses the information in this form as the official record of the assignment of record title

interest in a renewable energy lease. Form BOEM-0003 is required pursuant to 30 CFR 585.409.

Page 1

● Heading:

The BOEM uses the information to identify the assigned lease interest and any new lease resulting from the assignment. The lessee will enter information in the fields identifying lease number, lease effective date, and the name of the BOEM regional office in which Form BOEM-0003 will be filed and maintained. The BOEM will provide any new lease number.

● Part A—Assignment:

The lessee will enter right, title and interest being assigned and the name and company number of each Assignor and Assignee along with the percentage interests conveyed and received. The lessee may attach other provisions between Assignor(s) and Assignee(s) if it so wishes. The BOEM will enter the Authorized Official for BOEM, Title, and Approval Date. Assignment is effective on the date of BOEM approval.

Page 2

● Part B—Certification and Acceptance:

The lessee, as Assignor, will enter an effective date for the Assignment, upon approval by BOEM. The Assignor(s) and Assignee(s) will complete the fields for By, Name, Title, and Execution Date, and in so doing will provide the certifications required: (1) Assignor certification that it owns the interest being assigned; (2) Assignee compliance with applicable debarment and suspension regulations and communication requirements; (3) Assignor and Assignee compliance with Equal Opportunity and Affirmative Action requirements; and (4) Assignees acceptance of all applicable terms, conditions, stipulations, and restrictions pertaining to the lease. The parties to the Assignment may provide for witnesses, notarial acknowledgements, or corporate seals if they so wish.

OCS Renewable Energy Lease or Grant Relinquishment Application, Form BOEM-0004

The BOEM uses the information in this form as the official record of the relinquishment of a renewable

energy lease or grant. Although relinquishment may be required by BOEM under 30 CFR 585.658(c), in

most cases relinquishments will be filed voluntarily. Pursuant to 30 CFR 585.435, Form BOEM-0004 is

required for any relinquishment.

Page 1

● Heading:

The BOEM uses the information to identify the relinquished lease or grant. The lessee or grantee will enter the lease or grant number and the name of the regional office in which Form BOEM-0004 will be filed and maintained.

● Company Name and Number, By, Name, Title, and Execution Date.

● By, Authorized Official for BOEM, Title, and Approval Date. Relinquishment is effective on the date of BOEM approval.

● Attach Notary Acknowledgement (not mandatory):

The entity relinquishing the lease or grant may provide for witnesses, notarial acknowledgements, or corporate seals if it so wishes.

Page 2

● Heading:

This information is repeated from the heading on page 1.

● Area Name or Protraction Diagram, Block, Subdivision or Aliquot Part.

Page 3

● Instructions are provided to inform lessees and grantees how to submit a complete relinquishment application to comply with 30 CFR 585.435. The application consists of (1) the relinquishment form (Form BOEM-0004) and (2) a relinquishment application letter that lists the lessee’s or grantee’s name, contact name, telephone number, fax number, and email address.

OCS Renewable Energy Lease or Grant Designation of Operator, Form BOEM-0006

The BOEM uses the information in this form as the official record of the designation of the individual, corporation, or association having control or management of activities on a renewable energy lease or grant. Form BOEM-0006 is required to designate an operator or to notify BOEM of a change in the designated operator pursuant to 30 CFR 585.405.

Page 1

● Heading:

BOEM uses the information to identify the operator of a lease or grant.

● Lease or Grant Number:

Each OCS renewable energy lease has a unique number assigned by BOEM that will be entered in this field by the lessee or grantee.

● Regional BOEM Office:

The office where Form BOEM-0006 will be filed and maintained—Alaska, Pacific, Gulf of Mexico, or Atlantic.

● Company Number of Designated Operator:

Each entity has a unique number assigned by BOEM that will be entered in this field by the lessee or grantee.

● Authorized Signatory of Designated Operator and Printed or Typed Name and Title, and Date.

● Company Number of Lessee or Grantee, Name, Authorized Signatory, Printed or Typed Name and Title, and Date.

Page 2

● Lease or Grant Number.

● Area Name or Protraction Diagram, Block, Subdivision or Aliquot Part:

Each OCS lease or grant is identified in the relevant instrument by an area name or official protraction diagram and block number, and if applicable, by a description of a subdivision, segment, aliquot part, or other portion.

Respondents submit the following form to BOEM under 30 CFR 585, subpart E.

OCS Renewable Energy Lessee’s, Grantee’s, and Operator’s Bond, Form BOEM-0005

The BOEM uses this form as the official instrument for filing and maintaining a bond for financial

assurance relating to a lease or grant in compliance with the requirements of 30 CFR 585, subpart E.

Section 585.525 requires that all bonds and other forms of financial assurance must be in a form

approved by BOEM. As a result of respondent input, BOEM is editing the wording on one line of the form to match the wording on a similar form for the oil and gas program. This edit will not affect the burden (see A.8 for explanation).

Page 1

● Heading:

The BOEM uses the information for basic description of the bond. The Principal (lessee, grantee, or operator) will enter the Bond Number, Amount, and Type (Lease- or Grant-Specific, Supplemental, or Decommissioning) and the name of the regional office where BOEM Form-0005 will be filed and maintained.

● Form Information:

Name of Surety and Mailing Address, and if it is a corporation, the State and County or Parish in which it is located. If it is certified by the U.S. Treasury as an acceptable surety on Federal bonds and listed in the current U.S. Treasury Circular No. 570, the surety will mark the box provided.

The Principal will enter its Name and Mailing Address.

The Principal will mark the appropriate box and enter the type of lease.

The Surety will mark the appropriate box concerning additional obligations it is accepting, and may list exceptions or limitations if it chooses to accept the obligations of previous Sureties or guarantors.

The Form includes definitions of the terms Obligation, Instrument, and Person for the purposes of the bond document.

The Form states that by signing, the principal agrees to fulfill all Obligations for the entire lease or grant. The Principal may list such limitations and exceptions.

Pages 2 and 3

● Form Information:

The form lists specific items that the Surety agrees to. The Surety will enter the Name of Surety, Signature of Person Executing for Surety, Typed or Printed Name or Title for Surety, and Business Address for Surety.

The Principal will enter the Name of Principal, Signature of Person Executing for Principal, Typed or Printed Name or Title for Principal, and Business Address for Principal.

The final section of the Form also includes fields for entering the date and the location (State) the form is signed by the Surety and Principal in the presence of Witnesses for the Surety and the Principal. Each Witness will enter its Signature, Typed or Printed Name, and Address.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden [and specifically how this collection meets GPEA requirements].

Regulations currently require both a paper copy and an electronic version for submission of applications and required information. Electronic versions are requested for the convenience of both the applicant and BOEM. Electronic copies are easy to transfer and share. Paper copies are necessary for official record purposes. Paper copies would contain original signatures needed for legal purposes. In addition, some items such as plats and engineering designs are better viewed in paper copy format, although we request electronic versions for long-term storage. We anticipate that 50 percent of the information will be collected in electronic format. However, BOEM is phasing in an optional system for electronic submission of financial information that will establish the legal status of company and electronic submissions, thus eliminating paper documents in these instances. Once this system is established, BOEM will require electronic filing of certain documentation.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

The DOI has several Memoranda of Understanding (MOU) with the U.S. Coast Guard and Federal Energy Regulatory Commission that define the responsibilities of each agency with respect to OCS activities. These MOU are generally effective in avoiding duplication of regulations and reporting requirements. The information to be collected under part 585 is specific to a lease, grant, an operator, or a particular request for BOEM approval and is unique to site operations. The EPAct granted to the Secretary of the Interior (who delegated to BOEM) discretionary authority to authorize and regulate alternative energy activities on the OCS only to the extent such activities were not previously authorized by other applicable law.

The Department of Energy, Energy Information Agency (EIA) Form 923 is filled out under OMB Control Number 1905-0129. We ask respondents to send a copy of the form to BOEM. This minor burden is required (and covered by BOEM in A.12, § 585.506(c)(4)) so BOEM will be able to determine the gross annual generation of electricity by the generating facility on the lease that EIA collects.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

This collection of information will impact small entities. We estimate that about 25 entities have shown interest in engaging in the activities associated with these regulations. These entities fall under North American Industry Classification System (NAICS) Code 221119, Other Electric Power Generation. The Small Business Administration’s (SBA) size standard for NAICS Code 221119 is that a firm is small if, including its affiliates, it is primarily engaged in the generation, transmission, and/or distribution of electric energy for sale and its total electric output for the preceding fiscal year did not exceed 4 million megawatt hours. About 75 percent of those entities would be considered small entities according to the SBA definition and size standard. The paperwork burden on any small entity subject to these regulations cannot be reduced to accommodate them. It should be noted that with respect to the decommissioning requirements, if these activities are not performed properly, it is more likely that the other users of the OCS would be adversely impacted, many of which are also small businesses.

The BOEM will pay respondents if they request reimbursement for food, quarters, or transportation they provide BOEM representatives (§ 585.823) during inspections. To obtain these reimbursements, which eliminate a cost burden on both small and large businesses, the paperwork burden is necessary to determine the cost and validity of the reimbursements.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If we did not collect the information, BOEM could not carry out the mandate of the OCS Lands Act, as amended by the EPAct. For instance, BOEM would not have the information to make informed decisions on facility design, construction, operations and maintenance, or modification; to ensure safety and environmental protection during OCS operations; to determine qualification of bidders and assignees to hold leases or their financial ability to carry out decommissioning responsibilities. The frequency of submission is on occasion and annually, depending on the regulatory requirement.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

(a) Requiring respondents to report information to the agency more often than quarterly.

Information is primarily collected on occasion of the activity with no set frequency. Respondents generally submit reports as a result of situations encountered and not at any fixed or prescribed interval. The recurring reporting requirements are on an annual basis. When time is not a critical factor, most allow 30 days or more for submitting reports on activities. However, there are some instances in which BOEM needs immediate or prompt notification, such as when safety and other equipment is removed from service, a safety incident has occurred, an archaeological resource is discovered, a bond lapses, or a violation or act of non-compliance is detected. Other instances require notice to BOEM before an activity begins so that BOEM may schedule inspections or to be present when the activity is performed. All of these instances, in which less than quarterly reporting is specified to notify or report, are necessary in the interest of safety, environmental monitoring, workload scheduling, or assuring the financial stability of respondents to meet their obligations.

b) Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it.

There are several instances (§§ 585.118, 585.224, 585.231, 585.536, 585.634, 585.713, 585.831, and 585.833) in which BOEM requires a response within 10 or 15 business days during the bid and lease issuance process. The specified response time periods are not unreasonable in these instances and ensure timely lease issuance. In addition, if BOEM determines that a respondent is in non-compliance and calls for forfeiture of the bond or pledged security, BOEM will notify the respondent. A respondent may avoid forfeiture if within 10 business days, respondent agrees to, and demonstrates to BOEM, that they will bring the lease or grant into compliance (§ 585.536). This immediate response allows respondents to maintain their lease or grant and avoid forfeiture of bonds or pledged securities.

(c) Requiring respondents to submit more than an original and two copies of any document.

Not applicable in this collection.

(d) Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than 3 years.

The regulations require respondents to retain the original material test results of all primary structural materials and all records of design, construction, operation, maintenance, repairs, or investigations on or related to the area. As structures age, we must have access to the initial structural properties and inspection results to determine whether necessary standards for safety are maintained. Until respondents have discharged all decommission obligations and responsibilities and BOEM releases respondents’ financial assurance, it is important that these records be available for BOEM review. The type of recordkeeping is such that it is not unreasonable to expect that respondents would retain these records as usual and customary business practice, even if not required in regulations.

(e) In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study.

Not applicable in this collection.

(f) Requiring the use of statistical data classification that has been reviewed and approved by OMB.

There are no special circumstances with respect to 5 CFR 1320.5(d)(2)(v) through (viii) as the collection is not a statistical survey and does not use statistical data classification.

(g) That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use.

This collection does not include a pledge of confidentiality not supported by statute or regulation.

(h) Requiring respondents to submit proprietary trade secrets or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

This collection does not require proprietary, trade secret, or other confidential information not protected by agency procedures.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice [and in response to the PRA statement associated with the collection over the past 3 years] and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years – even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

As required in 5 CFR 1320.8(d), BOEM published a 60-day notice in the Federal Register (77 FR 61633, October 10, 2012) to request comments on the need for the collection, the accuracy of the burden estimates, ways to enhance the collection, and ways to minimize the burden. We received one comment. Dr. Tim Ragan, Marine Mammal Commission, states that the collection permits BOEM to “protect living marine resources” and “target and direct enforcement activities as necessary.” Accordingly, “the Commission therefore supports the Bureau’s request that the Office of Management and Budget approve the collection of information for renewable energy and alternate uses of existing facilities.”

In addition, Section 585.114 displays the OMB control number, explains that BOEM will accept comments at any time on the information collection burden of our 30 CFR 585 regulations, and provides the address for sending comments to BOEM. This information is also displayed on each of the forms.

As this collection covers a still-evolving program, there are no current respondents for consultation prior to this resubmission for forms BOEM-0002, BOEM-0003, and BOEM 0006 and for many of the regulatory requirements listed in A.12. For the original submission of this ICR, where possible, BOEM based its estimates on data and information for comparable information collection requirements in current regulations for the oil and gas industry, as well as its staff expertise. We will re-evaluate these estimates based on actual experience and consultation with respondents when this collection comes up for renewal again.

During the comment period, BOEM requested input from a few respondents (below) on the availability of data, frequency of collection, clarity of instruction, and elements being collected. The respondents we contacted had several comments. The burden estimates in Section A.12 also reflect their input.

Erich Stephens: Offshore MW, 367 Herrontown Rd, Princeton, NJ 08540, 401-487-3320

Mr. Stephens offered several recommendations.

• He suggested combining the two assignment forms (BOEM-0003, for leases, and BOEM-0002, for grants). While this could be done, it would not lessen the burden on filling out either one, nor would it create additional efficiencies or provide any clarifications, but may pose confusion. Therefore, we have decided not to implement this recommendation.

• The second suggestion questions the assignment of an “undivided interest.” Although BOEM allows a lease or grant to be divided among several holders of that interest, multiple interest holders each possess a certain percentage of an undivided interest. The interest holders cannot, for example, allot the interest over one geographic portion of the lease or grant to one interest holder, and another geographic portion to another interest holder.

• The third suggestion questions why form BOEM-0004 begins: “The owner(s) of one hundred percent (100%) of the lease or grant interest does…” when a partial interest holder can also relinquish. Mr. Stephens is correct that a partial interest holder may relinquish; however, it is also true that a partial interest holder may not relinquish without the agreement of the other interest holders. Thus, it is proper for the form to require conveyance by 100% of the interest holders.

• The fourth suggestion questions why we provide for the designation of an operator via form BOEM-0006. In instances where there are multiple owners, all owners must designate the same operator via the form. Each owner can then submit the form individually, thus allowing lessees administrative flexibility. Through this form, BOEM provides lessees the option of assigning an operator other than themselves, thus paralleling the option provided in the oil and gas program.

Messrs. Frank and Die submitted comments on form BOEM-0005, the bond form. The bond form requires the signature of three parties: the lessee, the Government, and a surety bond company. These individuals work for surety bond companies and have not yet used form BOEM-0005, but have extensive experience using form BOEM-2028, which is the equivalent form used by the oil and gas program.

Ed Frank: Executive Manager, IndemCo, 777 Post Oak Blvd, Ste 330, Houston, TX 77056,

713-355-3100

Mr. Frank stated that “we do not see any reason the surety industry would have much concern about [the] renewable energy form.” The response noted the differences between the oil and gas form (Form BOEM-2028) and the renewable energy form (BOEM-0005), but did not recommend changing the renewable energy form.

Roy Die: RLI Corp, 713-961-1300

Mr. Die’s comments focused on the differences between the renewable energy bond form and the oil and gas bond form (form BOEM-2028). For the most part, the changes he flagged reflect differences between the regulatory frameworks that have been implemented for the renewable energy program. For example, he questioned why form BOEM-0005 needs an option for decommissioning bonds since supplemental bonds are used for decommissioning purposes in the oil and gas program. The renewable energy regulations, unlike the oil and gas regulations, call for a separate bond type for decommissioning financial assurance requirements.

Mr. Die also recommended changing the language to make one section of form BOEM-0005 more closely resemble form BOEM-2028. He recommended changing “In the event of any default under a lease or grant, the Surety must perform the Obligations of the Principal upon demand by the BOEM” to “In the event of any default under a lease or grant, the Surety must provide payment of all of the cost of the Obligations of the Principal upon demand by BOEM.” We have decided to accept this recommendation and have edited the form accordingly. Mr. Die also recommended changing the statement “The Surety agrees to meet all existing and future Obligations of the Principal on the lease or grant described in Schedule A at a cost not to exceed ___________.” We have decided not to use this wording because the limitation of cost already clarifies that BOEM would not require non-financial performance of the lessee’s obligations.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

The BOEM will pay respondents if they request reimbursement for food, quarters, or transportation they provide BOEM representatives (§ 585.823) during inspections. We do not provide gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

The BOEM will protect information considered proprietary under the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR 2), and under regulations at 30 CFR 585.113, addressing disclosure of data and information to be made available to the public and others.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

The collection does not include sensitive or private questions.

12. Provide estimates of the hour burden of the collection of information. The statement should:

(a) Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

(b) If this request for approval covers more than one form, provide separate hour burden estimates for each form.

Primary respondents comprise Federal OCS companies that submit unsolicited proposals or responses to Federal Register notices; or are lessees, designated operators, and ROW or RUE grant holders. Other potential respondents are companies or state and local governments that submit information or comments relative to alternative energy-related uses of the OCS; certified verification agents (CVAs); and surety or third-party guarantors. It should be noted that not all of the potential respondents will submit information in any given year and some may submit multiple times. The frequency of responses varies depending upon the requirement, but are generally on occasion or annual. Responses are mandatory or are to obtain or retain a benefit. Refer to the following table for a break out of the hour burden based on our own input and discussions with respondents listed in No. 8. The table also includes several non-hour cost burdens described in item A.13.

Section(s) in 30 CFR 585	Reporting and Recordkeeping Requirement1	Hour Burden	Average No. of Annual Responses	Annual Burden Hours
			Non-hour Cost Burdens
Subpart A – General Provisions
102; 105; 110	These sections contain general references to submitting comments, requests, applications, plans, notices, reports, and/or supplemental information for BOEM approval—burdens covered under specific requirements.			0
102(e)	State and local governments enter into task force or joint planning or coordination agreement with BOEM.	1	2 agreements	2
103; 904; 910	Request general departures not specifically covered elsewhere in part 585.	2	6 requests	12
105(c)	Make oral requests or notifications and submit written follow up within 3 business days not specifically covered elsewhere in part 585.	1	8 requests	8
106; 107; 213(e); 230(f); 302(a); 408(b)(7); 409(c); 1005(d); 1007(c); 1013(b)(7)	Submit evidence of qualifications to hold a lease or grant; submit required supporting information (electronically if required).	2	20 evidence submissions	40
106(b)(1)	Request exception from exclusion or disqualification from participating in transactions covered by Federal non-procurement debarment and suspension system.	1	1 exception	1
106(b)(2), (3); 225; 527(c); 705(c)(2); 1016	Request reconsideration and/or hearing.	Requirement not considered IC under 5 CFR 1320.3(h)(9).		0
108; 530(b)	Notify BOEM within 3 business days after learning of any action filed alleging respondent is insolvent or bankrupt.	1	1 notice	1
109	Notify BOEM in writing of merger, name change, or change of business form no later than 120 days after earliest of either the effective date or filing date.	Requirement not considered IC under 5 CFR 1320.3(h)(1).		0
111	Within 30 days of receiving bill, submit processing fee payments for BOEM document or study preparation to process applications and other requests.	.5	4 fee submissions	2
		4 payments x $4,000 = $16,000
111(b)(2), (3)	Submit comments on proposed processing fee or request approval to perform or directly pay contractor for all or part of any document, study, or other activity, to reduce BOEM processing costs.	2	4 processing fee comments or reduction requests	8
111(b)(3)	Perform, conduct, develop, etc., all or part of any document, study, or other activity; and provide results to BOEM to reduce BOEM processing fee.	19,000	1 submission	19,000
111(b)(3)	Pay contractor for all or part of any document, study, or other activity, and provide results to BOEM to reduce BOEM processing costs.	3 contractor payments x $950,000 = $2,850,000
111(b)(7); 118(a); 436(c)	Appeal BOEM estimated processing costs, decisions, or orders pursuant to 30 CFR 590.	Exempt under 5 CFR 1320.4(a)(2), (c).		0
113(b)	Respond to the Freedom of Information Act release schedule.	4	1 agreement	4
115(c)	Request approval to use later edition of a document incorporated by reference or alternative compliance.	1	1 request	1
116	The Director may occasionally request information to administer and carry out the offshore renewable energy program via Federal Register Notices.	4	25	100
118(c); 225(b)	Within 15 days of bid rejection, request reconsideration of bid decision or rejection.	Requirement not considered IC under 5 CFR 1320.3(h)(9).		0
Subtotal			74 responses	19,179 hours
			$2,866,000 non-hour costs
Subpart B – Issuance of OCS Renewable Energy Leases
200; 224; 231; 235; 236; 238	These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 585.			0
210; 211(a-c); 212 thru 216	Submit nominations and general comments in response to Federal Register notices on Request for Interest in OCS Leasing, Call for Information and Nominations (Call), Area Identification, and Notices of Sale. Includes industry, State & local governments.	Not considered IC as defined in 5 CFR 1320.3(h)(4).		0
210; 211(a-c); 212 thru 216	Submit comments and required information in response to Federal Register notices on Request for Interest in OCS Leasing, Call for Information and Nominations (Call), Area Identification, and Notices of Sale. Includes industry, State & local governments.	4	30 comments	120
211(d); 216; 220 thru 223; 231(c)(2)	Submit bid, payments, and required information in response to Federal Register Final Sale Notice.	5	12 bids	60
224	Within 10 business days, execute 3 copies of lease form and return to BOEM with required payments, including evidence that agent is authorized to act for bidder; if applicable, submit information to support delay in execution—competitive leases.	1	5 lease executions	5
230; 231(a)	Submit unsolicited request and acquisition fee for a commercial or limited lease.	5	5 unsolicited requests	25
231(b)	Submit comments in response to Federal Register notice re interest of unsolicited request for a lease.	4	4 comments	16
231(g)	Within 10 business days of receiving lease documents, execute lease; file financial assurance and supporting documentation—noncompetitive leases.	2	5 leases	10
231(g)	Within 45 days of receiving lease copies, submit rent and rent information.	Burdens covered by information collections approved for ONRR 30 CFR Chapter XII.		0
235(b); 236(b)	Request additional time to extend preliminary or site assessment term of commercial or limited lease, including revised schedule for SAP, COP, or GAP submission.	1	5	5
237(b)	Request lease be dated and effective 1st day of month in which signed.	1	1 request	1
238	Submit project plans.	Burden covered under SAPs & GAPs § 585.600(a), (c)		0
Subtotal			67 responses	242 hours
Subpart C – ROW Grants and RUE Grants for Renewable Energy Activities
306; 309; 315; 316	These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 585.			0
302(a); 305; 306	Submit copies of a request for a new or modified ROW or RUE and required information, including qualifications to hold a grant, in format specified.	5	1 ROW/RUE request	5
307; 308(a)(1)	Submit information in response to Federal Register notice of proposed ROW or RUE grant area or comments on notice of grant auction.	4	2 comments	8
308(a)(2), (b); 315; 316	Submit bid and payments in response to Federal Register notice of auction for a ROW or RUE grant.	5	1 bid	5
309	Submit decision to accept or reject terms and conditions of noncompetitive ROW or RUE grant.	2	1 grant decision	2
Subtotal			5 responses	20 hours
Subpart D – Lease and Grant Administration
400; 401; 402; 405; 409; 416, 433	These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 585.			0
401(b)	Take measures directed by BOEM in cessation order and submit reports in order to resume activities.	100	1 cessation measures report	100
405(d)	Submit written notice of change of address.	Requirement not considered IC under 5 CFR 1320.3(h)(1).		0
405(e); Form BOEM-0006	If designated operator (DO) changes, notify BOEM and identify new DO for BOEM approval.	1	1 new DO notice	1
408 thru 411; Forms BOEM-0002 and BOEM-0003	Within 90 days after last party executes a transfer agreement, submit copies of a lease or grant assignment application, including originals of each instrument creating or transferring ownership of record title, eligibility and other qualifications; and evidence that agent is authorized to execute assignment, in format specified.	1 (30 minutes per form x 2 forms = 1 hour)	2 assignment requests/ instruments submissions	2
415(a)(1); 416; 420(a), (b); 428(b)	Submit request for suspension and required information/payment no later than 90 days prior to lease or grant expiration.	10	2 suspension requests	20
417(b)	Conduct, and if required pay for, site-specific study to evaluate cause of harm or damage; and submit copies of study and results, in format specified.	100	1 study/ submission	100
		1 study x $950,000 = $950,000
425 thru 428; 652(a); 235(a), (c)	Request lease or grant renewal no later than 180 days before termination date of your limited lease or grant, or no later than 2 years before termination date of operations term of commercial lease. Submit required information.	6	2 renewal requests	12
435; 658(c)(2); Form BOEM-0004	Submit copies of application to relinquish lease or grant, in format specified.	1	2 relinquishments	2
436; 437	Provide information for reconsideration of BOEM decision to contract or cancel lease or grant area.	Requirement not considered IC under 5 CFR 1320.3(h)(9).		0
Subtotal			11 responses	237 hours
			$950,000
Subpart E – Payments and Financial Assurance Requirements
An * indicates the primary cites for providing bonds or other financial assurance, and the burdens include any previous or subsequent references throughout part 585 to furnish, replace, or provide additional bonds, securities, or financial assurance (including riders, cancellations, replacements). This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 585. In the future BOEM may require electronic filings of certain submissions.				0
500 thru 509; 1011	Submit payor information, payments and payment information, and maintain auditable records according to ONRR regulations or guidance.	Burdens covered by information collections approved for ONRR 30 CFR Chapter XII.		0
506(c)(4)	Submit documentation of the gross annual generation of electricity produced by the generating facility on the lease - use same form as authorized by the EIA. (Burden covered under DOE/EIA OMB Control Number 1905-0129 to gather info and fill out form. BOEM’s burden is for submitting a copy).	10 min	6 forms	1
510; 506(c)(3)	Submit application and required information for waiver or reduction of rental or other payment.	1	1 waiver or rental reduction	1
* 515; 516; 525(a) thru (f)	Execute and provide $100,000 minimum lease-specific bond or other approved security; or increase bond level if required.	1	6 base-level lease bonds or other security	6
* 516(a)(2), (3), (b), (c); 517; 525(a) thru (f)	Execute and provide commercial lease supplemental bonds in amounts determined by BOEM.	1	5 SAP and COP bonds	5
516(a)(4); 521(c)	Execute and provide decommissioning bond or other financial assurance; schedule for providing the appropriate amount.	1	3 decommis-sioning bonds	3
517(c)(1)	Submit comments on proposed adjustment to bond amounts.	1	3 adjustment comments	3
517(c)(2)	Request bond reduction and submit evidence to justify.	5	2 reduction requests	10
* 520; 521; 525(a) thru (f); Form BOEM-0005	Execute and provide $300,000 minimum limited lease or grant-specific bond or increase financial assurance and required iniformation.	1	1 base-level ROW/RUE bond	1
525(g)	Surety notice to lessee or ROW/RUE grant holder and BOEM within 5 business days after initiating insolvency or bankruptcy proceeding, or Treasury decertifies surety.	1	1 surety notice	1
* 526 Form BOEM-0005	In lieu of surety bond, pledge other types of securities, including authority for BOEM to sell and use proceeds and submit required information (1 hour for form).	2	1 other security pledge	2
526(c)	Provide annual certified statements describing the nature and market value, including brokerage firm statements/reports.	1	1 statement	1
* 527; 531	Demonstrate financial worth/ability to carry out present and future financial obligations, annual updates, and related or subsequent actions/records/reports, etc.	10	1	10
528	Provide third-party indemnity; financial information/statements; additional bond info; executed guarantor agreement and supporting information/documentation/agreements.	10	1	10
528(c)(6); 532(b)	Guarantor/Surety requests BOEM terminate period of liability and notifies lessee or ROW/RUE grant holder, etc.	1	1 request	1
* 529	In lieu of surety bond, request authorization to establish decommissioning account, including written authorizations and approvals associated with account.	2	1 decommis­sioning account	2
530	Notify BOEM promptly of lapse in bond or other security/action filed alleging lessee, surety or guarantor et al is insolvent or bankrupt.	1	1 notice	1
533(a)(2)(ii), (iii)	Provide agreement from surety issuing new bond to assume all or portion of outstanding liabilities.	3	1 surety agreement	3
536(b)	Within 10 business days following BOEM notice, lessee, grant holder, or surety agrees to and demonstrates to BOEM that lease will be brought into compliance.	16	1 agreement demonstra­tion every 2 years	8
Subtotal			37 responses	69 hours
Subpart F – Plans and Information Requirements
Two ** indicate the primary cites for Site Assessment Plans (SAPs), Construction and Operations Plans (COPs), and General Activities Plans (GAPs); and the burdens include any previous or subsequent references throughout part 585 to submission and approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 585.				0
** 600(a); 601(a), (b); 605 thru 614; 238; 810	Within time specified after issuance of a competitive lease or grant, or within time specified after determination of no competitive interest, submit copies of SAP, including required information to assist BOEM to comply with NEPA/CZMA such as hazard info, air quality, SEMS, and all required information, certifications, requests, etc., in format specified.	240	6 SAPs	1,440
** 600(b); 601(c), (d)(1); 606(b); 618; 620 thru 629; 632; 633; 810	If requesting an operations term for commercial lease, within time specified before the end of site assessment term, submit copies of COP, or FERC license application, including required information to assist BOEM to comply with NEPA/CZMA such as hazard info, air quality, SEMS, and all required information, surveys and/or their results, reports, certifications, project easements, supporting data and information, requests, etc., in format specified.	1,000	3 COPs	3,000
** 600(c); 601(a), (b); 640 thru 648; 651; 238; 810	Within time specified after issuance of a competitive lease or grant, or within time specified after determination of no competitive interest, submit copies of GAP, including required information to assist BOEM to comply with NEPA/CZMA such as hazard info, air quality, SEMS, and all required information, surveys and reports, certifications, project easements, requests, etc., in format specified.	240	1 GAP	240
** 601(d)(2); 622; 628(f); 632; 634; 658(c)(3); 907	Submit revised or modified COPs, including project easements, and all required additional information.	50	1 revised or modified COP	50
6022	Until BOEM releases financial assurance, respondents must maintain, and provide to BOEM if requested, all data and information related to compliance with required terms and conditions of SAP, COP, or GAP.	2	9 records maintenance/ submissions	18
** 613(a), (d), (e); 617	Submit revised or modified SAPs and required additional information.	50	1 revised or modified SAP	50
612; 647	Submit copy of SAP or GAP consistency certification and supporting documentation, including noncompetitive leases.	1	4 leases	4
615(a)	Notify BOEM in writing within 30 days of completion of construction and installation activities under SAP.	1	5 completion construction notices	5
615(b)	Submit annual report summarizing findings from site assessment activities.	30	8 annual reports	240
615(c)	Submit annual, or at other time periods as BOEM determines, SAP compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.	40	8 compliance certifications	320
617(a)	Notify BOEM in writing before conducting any activities not approved, or provided for, in SAP; provide additional information if requested.	10	1 notice before activity	10
627(c)	Submit oil spill response plan as required by BSEE 30 CFR part 254.	Burden covered under BSEE 1014-0007.		0
631	Request deviation from approved COP schedule.	2	1 deviation request	2
633(b)	Submit annual, or at other time periods as BOEM determines, COP compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.	50	9 compliance certifications	450
634(a)	Notify BOEM in writing before conducting any activities not approved or provided for in COP, and provide additional information if requested.	10	1 notice before activity	10
635	Notify BOEM any time commercial operations cease without an approved suspension.	1	1 termination notice	1
636(a)	Notify BOEM in writing no later than 30 days after commencing activities associated with placement of facilities on lease area.	1	3 commence notices	3
636(b)	Notify BOEM in writing no later than 30 days after completion of construction and installation activities.	1	3 completion notices	3
636(c)	Notify BOEM in writing at least 7 days before commencing commercial operations.	1	3 initial ops notices	3
** 642(b); 648; 655; 658(c)(3)	Submit revised or modified GAPs and required additional information.	50	1 revised or modified GAP	50
651	Before beginning construction of OCS facility described in GAP, complete survey activities identified in GAP and submit initial findings. [This only includes the time involved in submitting the findings; it does not include the survey time as these surveys would be conducted as good business practice.]	30	5 surveys/ reports	150
653(a)	Notify BOEM in writing within 30 days of completing installation activities under the GAP.	1	5 completion notices	5
653(b)	Submit annual report summarizing findings from activities conducted under approved GAP.	30	8 annual reports	240
653(c)	Submit annual, or at other time periods as BOEM determines, GAP compliance certification, recommendations, reports, etc.	40	8 compliance certifications	320
655(a)	Notify BOEM in writing before conducting any activities not approved or provided for in GAP, and provide additional information if requested.	10	1 notice before activity	10
656	Notify BOEM any time approved GAP activities cease without an approved suspension.	1	1 termination notice	1
658(c)(1)	If after construction, cable or pipeline deviate from approved COP or GAP, notify affected lease operators and ROW/RUE grant holders of deviation and provide BOEM evidence of such notices.	3	1 deviation notice/BOEM evidence	3
659	Determine appropriate air quality modeling protocol, conduct air quality modeling, and submit 3 copies of air quality modeling report and 3 sets of digital files as supporting information to plans.	70	10 air quality modeling reports/ information	700
Subtotal			108 responses	7,328 hours
Subpart G – Facility Design, Fabrication, and Installation
Three *** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 585 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 585.				0
***700(a)(1), (b), (c); 701	Submit Facility Design Report, including copies of the cover letter, certification statement, and all required information (1-3 paper or electronic copies as specified).	200	3 Facility Design Reports	600
***700(a)(2); (b), (c); 702	Submit copies of a Fabrication and Installation Report, certification statement and all required information, in format specified.	160	3 Fabrication & Installation Reports	480
705(a)(3); 707; 712	Certified Verification Agent (CVA) conducts independent assessment of the facility design and submits copies of all reports/certifications to lessee or grant holder and BOEM -- interim reports if required, in format specified.	100	3 CVA design interim reports	300
		100	3 CVA final reports	300
705(a)(3); 708; 709; 710; 712	CVA conducts independent assessments/inspections on the fabrication and installation activities, informs lessee or grant holder if procedures are changed or design specifications are modified; and submits copies of all reports/certifications to lessee or grant holder and BOEM -- interim reports if required, in format specified.	100	3 CVA interim reports	300
		100	3 CVA final reports	300
703***; 705(a)(3); 712; 815	CVA/project engineer monitors major project modifications and repairs and submits copies of all reports/certifications to lessee or grant holder and BOEM -- interim reports if required, in format specified.	20	1 interim report	20
		15	1 final report	15
705(c)	Request waiver of CVA requirement in writing; lessee must demonstrate standard design and best practices.	40	1 waiver	40
706	Submit for approval with SAP, COP, or GAP, initial nominations for a CVA or new replacement CVA nomination, and required information.	16	13 new CVA nominations	208
708(b)(2)	Lessee or grant holder notify BOEM if modifications identified by CVA/project engineer are accepted.	1	1 notice	1
709(a)(14); 710(a)(2), (e)2	Make fabrication quality control, installation towing, and other records available to CVA/project engineer for review (retention required by § 585.714).	1	3 records retention	3
713	Notify BOEM within 10 business days after commencing commercial operations.	1	2 commence notices	2
7142	Until BOEM releases financial assurance, compile, retain, and make available to BOEM and/or CVA the as-built drawings, design assumptions/ analyses, summary of fabrication and installation examination records, inspection results, and records of repairs not covered in inspection report. Record original and relevant material test results of all primary structural materials; retain records during all stages of construction.	100	3 lessees	300
Subtotal			43 responses	2,869 hours
Subpart H – Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs
801(c), (d)	Notify BOEM if endangered or threatened species, or their designated critical habitat, may be in the vicinity of the lease or grant or may be affected by lease or grant activities.	1	2 notices	2
801(e), (f)	Submit information to ensure proposed activities will be conducted in compliance with the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA); including agreements and mitigating measures designed to avoid or minimize adverse effects and incidental take of endangered species or critical habitat.	6	2 ESA/MMPA submissions	12
802; 902(e)	Notify BOEM of archaeological resource within 72 hours of discovery.	3	1 archaeo­logical notice	3
802(b), (c)	If requested, conduct further archaeological investigations and submit report/information.	10	1 archaeo­logical report	10
802(d)	If applicable, submit payment for BOEM costs in carrying out National Historic Preservation Act responsibilities.	.5	1 payment	.5
803	If required, conduct additional surveys to define boundaries and avoidance distances and submit report.	15	2 survey/ report	30
810***; 614; 627; 632(b); 651	Submit safety management system description with the SAP, COP, or GAP.	35	10 safety management systems	350
813(b)(1)	Report within 24 hours when any required equipment taken out of service for more than 12 hours; provide written confirmation if reported orally.	.5	3 equipment reports	1.5
		1	1 written confirmation	1
813(b)(3)	Notify BOEM when equipment returned to service; provide written confirmation if reported orally.	.5	3 return to service notices	1.5
815(c)	When required, analyze cable, P/L, or facility damage or failures to determine cause and as soon as available submit comprehensive written report.	1.5	1 analysis report	1.5
816	Submit plan of corrective action report on observed detrimental effects on cable, P/L, or facility within 30 days of discovery; take remedial action and submit report of remedial action within 30 days after completion.	2	1 corrective action plan and report	2
822(a)(2)(iii), (b)	Until BOEM releases financial assurance, maintain records of design, construction, operation, maintenance, repairs, and investigation on or related to lease or ROW/RUE area; make available to BOEM for inspection.	1	4 records retention	4
823	Request reimbursement within 90 days for food, quarters, and transportation provided to BOEM reps during inspection.	2	1 reimburse­ment request	2
824(a) 2	Develop annual self inspection plan covering all facilities; retain with records, and make available to BOEM upon request.	24	4 self assess­ment plans	96
824(b)	Conduct annual self inspection and submit report by November 1.	36	4 annual reports	144
825	Based on API RP 2A-WSD, perform assessment of structures, initiate mitigation actions for structures that do not pass assessment process, retain information, and make available to BOEM upon request.	60	4 assessments and mitigation actions	240
830(a), (c); 831 thru 833	Immediately report incidents to BOEM via oral communications, submit written follow-up report within 15 business days after the incident, and submit any required additional information.	Oral .5	6 incidents	3
		Written 4	1 incident	4
830(d)	Report oil spills as required by BSEE 30 CFR 254.	Burden covered under BSEE 1014-0007.		0
Subtotal			52 responses	908 hours
Subpart I – Decommissioning
Four **** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 585 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 585.
**** 902; 905, 906; 907; 908(c); 909	Submit for approval, in format specified, copies of the SAP, COP, or GAP decommissioning application and site clearance plan at least 2 years before decommissioning activities begin, 90 days after completion of activities, or 90 days after cancellation, relinquishment, or other termination of lease or grant. Include documentation of coordination efforts w/States/CZMA agencies, local or tribal governments, requests that certain facilities remain in place for other activities, be converted to an artificial reef, or be toppled in place. Submit additional information/evidence requested or modify and resubmit application.	20	1 decommis­sioning application	20
902(d); 908;	Notify BOEM at least 60 days before commencing decommissioning activities.	1	1 decommis­sioning notice	1
910	Within 60 days after removing a facility, verify to BOEM that site is cleared.	1	1 removal verification	1
912	Within 60 days after removing a facility, cable, or pipeline, submit a written report.	8	1 removal report	8
BOEM does not anticipate decommissioning activities for at least 5 years so the requirements have been given a minimal burden.
Subtotal			4 responses	30 hours
Subpart J – RUEs for Energy- and Marine-Related Activities Using Existing OCS Facilities
1004, 1005, 1006	Contact owner of existing facility and/or lessee of the area to reach preliminary agreement to use facility and obtain concurring signatures; submit request to BOEM for an alternative use RUE, including all required information/modifications.	1	1 request for RUE to use existing facility	1
1007(a), (b), (c)	Submit indication of competitive interest in response to Federal Register notice.	4	1 response	4
1007(c)	Submit description of proposed activities and required information in response to Federal Register notice of competitive offering.	5	1 submission	5
1007(f)	Lessee or owner of facility submits decision to accept or reject proposals deemed acceptable by BOEM.	1	1 decision	1
1010(c)	Request renewal of Alternate Use RUE.	6	1 renewal request	6
1012; 1016(b)	Provide financial assurance as BOEM determines in approving RUE for an existing facility, including additional security if required.	1	1 bond or other security	1
1013	Submit request for assignment of an alternative use RUE for an existing facility, including all required information.	1	1 RUE assign­ment request	1
1015	Request relinquishment of RUE for an existing facility.	1	1 RUE relinquish	1
Subtotal			8 responses	20 hours
Total Burden			409 Responses	30,902 Hours
			$3,816,000 Non-Hour Cost Burdens

¹ In the future, BOEM may require electronic filing of certain submissions.

² Retention of these records is usual and customary business practice; the burden is primarily to make them available to BOEM and CVAs.

(c) Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under “annual cost to the Federal Government.”

The average respondent cost is $85 (rounded)/hour. This cost is broken out in the below table using the Bureau of Labor Statistics data for the East-North-Central areas. See BLS website: http://www.bls.gov/bls/wages.htm.

POSITION	LEVEL	Hourly Pay rate ($/hour estimate)	Hourly rate including benefits (1.4** x $/hour)	Percent of time spent on collection	Weighted Average ($/hour)
Biologist*	13	$64.14	$89.80	19%	$17.06
Oceanographer*	13	$64.14	$89.80	15%	$13.47
GIS Specialist*	12	$52.57	$73.60	7%	$5.15
Attorney	15	$70.97	$99.36	9%	$8.94
Geophysicist/Geologist*	13	$64.14	$89.80	10%	$8.98
Engineer	14	$61.72	$86.41	10%	$8.64
Disciplinary/Various	11	$54.01	$75.61	30%	$22.68
Weighted Average ($/hour)					$84.92

* Management, Professional, Related – updated as of January 15, 2013.

** A multiplier of 1.4 (as implied by BLS news release, USDL 12-2404, Dec. 11, 2012) was added for benefits. The website is http://www.bls.gov/news.release/pdf/ecec.pdf).

Based on a cost factor of $85 per hour (rounded), we estimate the hour burden as a $ equivalent to industry is $2,626,670 ($85 x 30,902 hours = $2,626,670).

13. Provide an estimate of the total annual [non-hour] cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected in Item 12.)

(a) The cost estimate should be split into two components: (1) a total capital and start-up cost component (annualized over its expected useful life) and (2) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information [including filing fees paid]. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

(b) If cost estimates are expected to vary widely, agencies should present ranges of cost burden and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

(c) Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are three non-hour cost burdens to industry, which are included in the burden table in section A.12. We estimate the total of those at $3,816,000 for the following:

§ 585.111 - $16,000: This section requires respondents to pay a processing fee for BOEM document or study preparation when necessary for BOEM processing of applications and requests. The processing fee is $4,000 and we anticipate approximately 4 fees.

§585.111(b)(3) - $2,850,000: This section allows respondents to pay a contractor instead of BOEM for all or part of any document, study, or other activity, and provide the results to BOEM to reduce BOEM processing costs. We estimate the non-hour cost burden of this payment could range from $100,000 to $2,000,000; therefore, we are estimating the cost at $950,000. We anticipate no more than 3 payments.

§ 585.417(b) - $950,000: This section requires respondents to pay for a site-specific study to evaluate the cause of harm or damage to natural resources, and submit a report to BOEM. We estimate the non-hour cost burden of this study could range from $100,000 to $2,000,000, depending on the nature of the study; therefore, we are estimating the cost at $950,000. We anticipate no more than one study.

14. Provide estimates of annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

To analyze and review the information required under part 585, we estimate the Government will spend an average of 1 hour for each hour spent by respondents.

POSITION	GRADE	Hourly Pay rate ($/hour estimate)*	Hourly rate including benefits (1.5** x $/hour)	Percent of time spent on collection	Weighted Average ($/hour)
Biologist, Avian/Wildlife	GS-13/05	$48	$72	9%	$6.48
Biologist, Fish/Benthic	GS-13/05	$48	$72	10%	$7.20
Archeologist	GS-13/05	$48	$72	9%	$6.48
Air Quality Specialist	GS-14/05	$57	$85.5	6%	$5.13
Social Scientist/Economist	GS-13/05	$48	$72	13%	$9.36
Oceanographer	GS-13/05	$48	$72	24%	$17.28
CZM Specialist	GS-14/05	$57	$85.5	8%	$6.84
GIS Specialist	GS-12/05	$41	$61.5	6%	$3.69
Attorney	GS-14/05	$57	$85.5	4%	$3.42
Geophysicist/Geologist	GS-13/05	$48	$72	5%	$3.60
Engineer	GS-14/05	$57	$85.5	6%	$5.13
Weighted Average ($/hour)					$74.61

* The government cost is based on Washington, DC, 2012 pay scale.

** A multiplier of 1.5 (as implied by BLS news release, USDL 12-2404, Dec. 11, 2012) was added for benefits. The website is http://www.bls.gov/news.release/pdf/ecec.pdf).

Based on a cost factor of $75 (rounded up) per hour, the total gross cost to the Government is $2,317,650 (30,902 hours x 1 = 30,902 hours x $75 = $2,317,650). However, we anticipate that this will vary a great deal, depending on the project and the amount of NEPA and other work that is involved. Since this is an evolving program, the first projects mostly likely will require more staff time than similar subsequent projects. Also, a different level of work will be necessary depending on the type of project (i.e., wind, wave or current, or reuse of a facility). As we gain experience and knowledge the staff time involved will change.

15. Explain the reasons for any program changes or adjustments in hour or cost burden.

The currently approved hour burden for this ICR is 31,124 hours. With this submission, we are requesting a total of 30,902 hours. This represents an adjustment decrease of 221 hours due to re-estimating the burden time and the number of responses and a program decrease of 1 hour for deleting the requirement and burden of § 250.1731(c), which had been incorporated into the decommissioning collection transferred to BSEE under 1014-0010.

There is no change in the non-hour cost burden.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The BOEM will not tabulate or publish the data.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The BOEM will display the OMB approval and expiration date.

18. Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submission.”

To the extent that the topics apply to this collection of information, we are not making any exceptions to the “Certification for Paperwork Reduction Act Submissions.”

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