Supporting Statement_1010-0176_BOEM_Split Rule_2023.04.13

Supporting Statement A

30 CFR 585, Reorganization of Title 30—Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf

OMB Control Number 1010-0176

Current Expiration Date: January 31, 2026

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

Summary: This rule of agency organization reassigns responsibilities for the administration of certain regulations governing renewable energy development on the Outer Continental Shelf (OCS), and those governing alternate uses of existing facilities on the OCS, consistent with the Secretary of the Department of the Interior’s Orders and the Departmental Manual. This final rule reassigns regulations pertaining to safety, environmental oversight, and enforcement from BOEM’s oversight to BSEE’s oversight and transfers the applicable Departmental regulations from 30 CFR part 585 to 30 CFR part 285. This rule does not make substantive changes to current regulatory requirements and does not impose additional regulatory burdens on the public or the regulated community. In some cases, the requirements are administered by both BOEM and BSEE, and for this reason, please consult the burden table for an accurate breakdown of responses and burden hours.

This direct final rule will revise BOEM’s existing Part 585 regulations, titled “Renewable Energy and Alternative uses of Existing Facilities on the Outer Continental Shelf” by moving the responsibilities pertinent to BSEE to Part 285 of Title 30. Since this is a final rule, only limited modifications to the existing regulatory language are made to clarify the roles and responsibilities of each bureau. To the maximum extent practical, BOEM retained the provisions in the Part 585 regulations for those responsibilities remaining in BOEM and transferred the provisions to the Part 285 regulations for those responsibilities reassigned to BSEE. Other slight revisions were necessary to change names and addresses, and to clarify the separate roles and responsibilities allocated to each bureau.

A. Justification

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

In the Energy Policy Act of 2005 (EPAct), Congress authorized the Secretary to grant OCS leases for renewable energy activities.¹ Specifically, EPAct amended OCSLA to add a new subsection 8(p).² Under subsection 8(p), the Secretary has the authority to issue certain leases, ROWs, and RUEs on the OCS for activities that produce, or that support the production, transportation, or transmission of, energy from sources other than oil and gas. EPAct also allows the Secretary to authorize the use of existing OCS facilities for energy- and marine-related activities. The Secretary is required to award any lease, ROW, or RUE competitively unless the Secretary determines, after public notice, that competitive interest does not exist.³ The Secretary also has authority to issue regulations to implement OCSLA section 8(p).⁴

On March 20, 2006, the Secretary delegated the responsibility for regulating OCS renewable energy activities to MMS, BOEM’s and BSEE’s predecessor agency. On April 29, 2009, the Department published the final rule establishing MMS’ program to grant leases, easements, and ROWs for OCS renewable energy activities and for alternate uses of existing OCS facilities, and established the methods for sharing revenues generated by this program with nearby coastal States.

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 (43 U.S.C 1337(p)), 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).

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. 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. 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.

BOEM and BSEE are publishing this final rule to complete the implementation of Secretarial Order 3299, which splits the responsibilities for management of offshore energy resources between the two bureaus. This final rule also makes minor, technical changes and corrections necessitated by the reassignment of responsibilities and by the opportunity to correct obvious errors. This rule neither makes significant changes to current regulatory requirements nor imposes any additional regulatory burdens on the public or the regulated community. This rule has minimal impact on the public and the regulated community. Notice and comment rulemaking is unnecessary because this rule concerns only the reorganization of BOEM’s and BSEE’s responsibilities for the OCS renewable energy activities.

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.]

All burden and form requirements are currently approved under OMB Control Number 1010-0176. The joint rulemaking will remove those portions of the existing regulations that pertain to environmental compliance, safety, inspection and enforcement from BOEM’s regulations (under 30 CFR chapter V) and move them under BSEE’s regulations (under 30 CFR chapter II). These two actions must occur together to ensure there is no overlap and no gap in the regulations. The rulemaking will not make any changes to the existing requirements for the program, but will redefine the roles of BSEE and BOEM for OCS renewable energy activities.

Background on Approved Burden Elements

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. 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 uses the information collected under part 585 to:

Subpart A (General Provisions) and B (Issuance of OCS Renewable Energy Leases): 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.

Subpart C (ROW Grants and RUE Grants for Renewable Energy Activities): Determine if an application for an ROW or RUE serves the purpose specified in the grant.

Subpart D (Lease and Grant Administration): 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.

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

• OCS Renewable Energy Assignment of Grant, Form BOEM-0002: BOEM uses the information in this form as the official record of the assignment of 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.

• OCS Renewable Energy Assignment of Interest in Lease, Form BOEM-0003: BOEM uses the information in this form as the official record of the assignment of interest in a renewable energy lease. Form BOEM-0003 is required pursuant to 30 CFR 585.409.

• OCS Renewable Energy Lease or Grant Relinquishment Application, Form BOEM-0004: BOEM uses the information in this form as the official record of the relinquishment of a renewable energy lease or grant. Pursuant to 30 CFR 585.435, Form BOEM-0004 is required for any relinquishment.

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

Subpart E (Payments and Financial Assurance Requirements): 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: 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 on or in a form approved by BOEM.

Subpart F (Plans Requirements): Review and approve Site Assessment Plans (SAPs), Construction and Operations Plans (COPs), and General Activities Plans (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 its workload to permit witnessing and inspecting operations. The information provides lessees greater flexibility to comply with regulatory requirements through approval of alternate equipment or procedures and departures to regulations if they demonstrate equal or better compliance with the appropriate performance standards.

Subpart G (Facility Design, Fabrication, and Installation): Majority of burdens for subpart G transfer to BSEE.

Subpart H (Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted under SAPs, COPs, and GAPs) and I (Decommissioning): 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 objections created by operations on the lease, project easement, RUE or ROW. Ensure that, if granted, proposed routes of ROWs and RUEs do not conflict with any State requirements or unduly interfere with other OCS activities.

Majority of burdens for subpart I decommissioning transfer to BSEE.

Part 586 (Alternative Uses of Existing Facilities on the Outer Continental Shelf) will replace Subpart J (RUEs for Energy- and Marine-Related Activities Using Existing OCS Facilities): Review information regarding the design, installation, and operation of RUEs on the OCS, to ensure that RUE operations are safe and protect the human, marine, and coastal environment. Ensure adherence to other Federal laws, regulations, the RUE grant, and approved plan.

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 estimate that 50 percent of the information will be collected in electronic format.

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.

With this rulemaking, some of the burden requirements are broken out between BOEM and BSEE, therefore certain items within that requirement would continue to be collected by BOEM and other requirements would be collected by BSEE. In some cases, the same respondent is reported for both agencies.

There are sections of the regulations that apply to both BOEM and BSEE, but the burdens fall under the agencies in different ways. For example, under General Provisions, both agencies would have general departure requirements that cover different items within the regulations. Therefore, BOEM and BSEE will both have this requirement but is not a duplication burden on the lessee.

In some sections, the burdens are broken out between the two agencies to collect different information. Part of the overall requirement would go to BSEE and part would stay with BOEM.

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. 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.

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 occasionally or 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.

Not applicable in this collection.

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 decommissioning 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 1320.11, BSEE and BOEM published a joint final rule in the Federal Register (88 FR 6376, January 31, 2023) to transfer current safety and environmental oversight and enforcement regulations from 30 CFR part 585, under BOEM’s purview, to 30 CFR 285, under BSEE’s purview.

This final rule is a “rule of agency organization, procedure, or practice” because it simply and administratively reassigns current project design, safety, and environmental regulatory responsibilities from BOEM to BSEE. Therefore, this rule is exempt from notice-and-comment rulemaking per 5 U.S.C. 553(b)(A). Moreover, this rule does not make substantively significant changes to these regulations.

This rule is noncontroversial because it has minimal impact on the public and regulated community. This rule does not affect the information collection burdens on the regulated community other than redirecting the submittal of certain required reports from BOEM to BSEE. In some cases, the requirements are administered by both BOEM and BSEE, and for this reason, please consult the burden table in No. 12 for an accurate breakdown of responses and burden hours.

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

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.

BOEM protects proprietary information in accordance with the Freedom of Information Act (5 U.S.C. 552), the Department of the Interior’s FOIA regulations (43 CFR part 2), and 30 CFR 585.113.

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 occasional or annual. Responses are mandatory or are required to obtain or retain a benefit. Refer to the following table for a break out of the hour burden based on our own input as discussed in No. 8. The table also includes several non-hour cost burdens described in item A.13.

Section(s) in 30 CFR 285	Section(s) in 30 CFR 585	Section(s) in 30 CFR 586	Reporting and Recordkeeping Requirement	Hour Burden	Average No. of Annual Responses	Annual Burden Hours Currently Approved	BOEM Annual Burden Hours	BSEE Annual Burden Hours
					Non-hour Cost Burdens
Subpart A – General Provisions
102; 105; 110	102; 105; 110		These sections contain general references to submitting comments, requests, applications, plans, notices, reports, payments, modifications, and/or supplemental information to BOEM/BSEE—burdens covered under specific requirements.
	102(e)		State and local governments enter into task force or joint planning or coordination agreement with BOEM.	1	2 agreements	2	2	0
103; 904	103; 586.104		Request general departures not specifically covered elsewhere in part 285/part 585.	2	6 requests	12	9	3
105(c)	105(c); 586.105(c)		Make oral requests or notifications and submit written follow up within 3 business days not specifically covered elsewhere in part 285/part 585.	1	5 requests	5	3	2
	106; 107; 213(e); 230(f); 302(a); 408(b)(7); 409(c); 586.107; 586.203-.213(b)(7)		Submit evidence of qualifications to hold a lease or grant; submit required supporting information (electronically if required).	2	20 submissions	40	40	0
	106(b)(1); 586.107(b)		Request exception from exclusion or disqualification from participating in transactions covered by Federal non-procurement debarment and suspension system.	1	1 exception	1	1	0
1016	106(b)(2), 118(c), 225(b); 436; 437; 527(c); 586.107		Request reconsideration and/or hearing.	Requirement not considered IC under 5 CFR 1320.3(h)(9).		0	0	0
	108; 530(b); 586.109		Notify BOEM within 3 business days after learning of any action filed alleging respondent is insolvent or bankrupt.	1	1 notice	1	1	0
	109; 586.110		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	0	0
111(b)(3); (b)(5); (b)(6)	111(b)(3); (b)(5); (b)(6); 586.112(b)(3); (b)(5), (b)(6)		Within 30 days of receiving bill, submit processing fee payments for BOEM/BSEE document or study preparation to process applications and other requests.	.5	4 submissions	2	1	1
				4 payments x $4,000 = $16,000			2 payments x $4,000 = $8,000	2 payments x $4,000 = $8,000
111(b)(2), (3)	111(b)(2), (3); 586.112(b), (3)		Submit comments on proposed processing fee or request approval to perform or directly pay contractors for all or part of any document, study, or other activity, to reduce BOEM/BSEE processing costs.	2	4 requests	8	4	4
111(b)(3)	111(b)(3); 586.112(b)(3)		Perform, conduct, develop, etc., all or part of any document, study, or other activity; and provide results to BOEM/BSEE to reduce processing fee. Pay contractors for all or part of any document, study, or other activity, and provide results to BOEM/BSEE to reduce processing costs.	12,000	1 submission	12,000	6,000	6,000
				3 contractor payments x $950,000 = $2,850,000			2 contractor payments x $950,000 = $1,900,000	1 contractor payment x $950,000 = $950,000
111(b)(7);	111(b)(7); 118(a); 436(c); 586.112(b)(7); 586.118(a)		Appeal BOEM/BSEE estimated processing costs, decisions, or orders pursuant to 43 CFR part 4.	Exempt under 5 CFR 1320.4(a)(2), (c).		0	0	0
115			Request approval to use later edition of a document incorporated by reference or alternative compliance.	1	1 request	1	0	1
118	118; 225(b); 586.118		Request appeal 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	0	0
			Subtotal		45 responses	12,072 hours	6,061 BOEM hours	6,011 BSEE hours
					$2,866,000 non-hour costs		$1,908,000 non-hour costs	$958,000 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	0	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	0	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	120	0
	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	60	0
	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	2 lease executions	2	2	0
	230; 231(a)		Submit unsolicited request and acquisition fee for a commercial or limited lease.	5	2 requests	10	10	0
	231(b)		Submit comments in response to Federal Register notice re interest of unsolicited request for a lease.	4	4 comments	16	16	0
	231(g)		Within 10 business days of receiving lease documents, execute lease; file financial assurance and supporting documentation—noncompetitive leases.	2	2 leases	4	4	0
	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	0	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	3 requests	3	3	0
	237(b)		Request lease be dated and effective 1st day of month in which signed.	1	1 request	1	1	0
	238		Submit other renewable energy research activities.	4	1 request	4	4	0
Subtotal					57 responses	220 hours	220 BOEM hours	0 BSEE 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	0	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 request	5	5	0
	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	8	0
	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	5	0
	309		Submit decision to accept or reject terms and conditions of noncompetitive ROW or RUE grant.	2	1 submission	2	2	0
Subtotal					5 responses	20 hours	20 BOEM hours	0 BSEE hours
Subpart D – Lease and Grant Administration
400; 401; 402	400; 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 285/585.			0	0	0
401(b)			Take measures directed by BSEE in cessation order and submit reports to resume activities.	100	1 report	100	0	100
	405(d)		Submit written notice of change of address.	Requirement not considered IC under 5 CFR 1320.3(h)(1).		0	0	0
	405(e); Form BOEM-0006		If designated operator (DO) changes, notify BOEM and identify new DO for BOEM approval.	1	1 notice	1	1	0
	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 requests/ submissions	2	2	0
	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	1 request	10	10	0
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	0	100
							1 study x $950,000 = $950,000
	425 thru 428; 652(a); 235(a), (b)		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	1 request	6	6	0
	435; 658(c)(2); Form BOEM-0004		Submit copies of application to relinquish lease or grant, in format specified.	1	1 submission	1	1	0
437	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	0	0
Subtotal					8 responses	220 hours	10 BOEM hours	210 BSEE hours
					$950,000 non-hour costs		$0 non-hour costs	$950,000 non-hour costs
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, payments, 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.
	500 thru 509; 586.211		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	0	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		0	0	0
	510; 506(c)(3)		Submit application and required information for waiver or reduction of rental or other payment.	1	1 submission	1	1	0
	* 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	2 bonds	2	2	0
	* 516(a)(2), (3), (b), (c); 517; 525(a) thru (f)		Execute and provide commercial lease supplemental bonds in amounts determined by BOEM.	1	2 bonds	2	2	0
	516(a)(4); 521(c)		Execute and provide decommissioning bond or other financial assurance; schedule for providing the appropriate amount.	1	1 bond	1	1	0
	517(c)(1)		Submit comments on proposed adjustment to bond amounts.	1	1 submission	1	1	0
	517(c)(2)		Request bond reduction and submit evidence to justify.	5	1 request	5	5	0
	* 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 information.	1	1 bond	1	1	0
	525(g)		Surety notice to lessee or ROW/RUE grant holder and BOEM within 5 business days after initiating surety insolvency or bankruptcy proceeding, or Treasury decertifies surety.	1	1 surety notice	1	1	0
	* 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 pledge	2	2	0
	526(c)		Provide annual certified statements describing the nature and market value, including brokerage firm statements/reports.	1	1 statement	1	1	0
	* 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 demonstration	10	10	0
	528		Provide third-party indemnity; financial information/statements; additional bond info; executed guarantor agreement and supporting information/documentation/agreements.	10	1 submission	10	10	0
	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	1	0
	* 529		In lieu of surety bond, request authorization to establish decommissioning account, including written authorizations and approvals associated with account.	2	1 request	2	2	0
	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	1	0
	533(a)(2) (ii), (iii)		Provide agreement from surety issuing new bond to assume all or portion of outstanding liabilities.	3	1 submission	3	3	0
	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 demonstration every 2 years	8	8	0
Subtotal					19 responses	52 hours	52 BOEM hours	0 BSEE hours
Subpart F – Plans and Information Requirements
** 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 285/585 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 285/585.
**606; 614; 810	** 600(a); 601(a), (b); 605 thru 614; 238		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/BSEE to comply with NEPA/CZMA such as hazard info, air quality, SMS, and all required information, certifications, requests, etc., in format specified.	240	2 SAPs	480	384	96
**621; 632; 637; 810	** 600(b); 601(b), (c)(1); 606(b); 618; 620 thru 629; 632; 633		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/BSEE to comply with NEPA/CZMA such as hazard info, air quality, SMS, and all required information, surveys and/or their results, reports, certifications, project easements, supporting data and information, requests, etc., in format specified.	1,000	2 COPs	2,000	1,600	400
**641; 651; 810	** 600(c); 601(a), (b); 640 thru 648; 651; 238		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/BSEE to comply with NEPA/CZMA such as hazard info, air quality, SMS, and all required information, surveys and reports, certifications, project easements, requests, etc., in format specified.	240	2 GAP	480	384	96
**632(c); 907	**601(c) (2); 622; 628(f); 632(c); 634; 658(c)(3)		Submit revised or modified COPs, including project easements, and all required additional information.	50	1 revised or modified COP	50	40	10
602			Until BOEM releases financial assurance, respondents must maintain, and provide to BSEE if requested, all data and information related to compliance with required terms and conditions of SAP, COP, or GAP.	2	9 records/ submissions	18	0	18
	** 613(a), (d), (e); 617		Submit revised or modified SAPs and required additional information.	50	1 revised or modified SAP	50	50	0
	612; 647		Submit copy of SAP or GAP consistency certification and supporting documentation, including noncompetitive leases.	1	2 leases	2	2	0
	615(a)		Notify BOEM in writing within 30 days of completion of construction and installation activities under SAP.	1	2 notices	2	2	0
	615(b)		Submit annual report summarizing findings from site assessment activities.	30	4 reports	120	120	0
615; 800(b)			Submit annual, or at other time periods as BSEE determines, SAP compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.	40	4 certifications	160	0	160
	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	10	10	0
	627(c)		Submit oil spill response plan as required by BSEE 30 CFR part 254.	193	1 submission	193	193	0
	631		Request deviation from approved COP schedule.	2	1 request	2	2	0
633; 800(b)	633(b)		Submit annual, or at other time periods as BOEM/BSEE determines, COP compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.	50	9 certifications	450	45	405
	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	10	10	0
	635		Notify BOEM any time commercial operations cease without an approved suspension.	1	1 notice	1	1	0
636(a)			Notify BSEE in writing no later than 30 days after commencing activities associated with placement of facilities on lease area.	1	2 notices	2	0	2
636(b)			Notify BSEE in writing no later than 30 days after completion of construction and installation activities.	1	2 notices	2	0	2
636(c)			Notify BSEE in writing at least 7 days before commencing commercial operations.	1	1 notice	1	0	1
	** 642(b); 648; 655; 658(c)(3)		Submit revised or modified GAPs and required additional information.	50	1 revised or modified GAP	50	50	0
651	651		Before beginning construction of OCS facility described in GAP, demonstrate operational SMS identified in GAP, submit initial findings.	30	2 surveys/ reports	60	5	55
	653(a)		Notify BOEM in writing within 30 days of completing installation activities under the GAP.	1	2 notices	2	2	0
	653(b)		Submit annual report summarizing findings from activities conducted under approved GAP.	30	4 reports	120	120	0
653(a), (b); 800(b)			Submit annual, or at other time periods as BSEE determines, GAP compliance certification, recommendations, reports, etc.	40	4 certifications	160	0	160
	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	10	10	0
	656		Notify BOEM any time approved GAP activities cease without an approved suspension.	1	1 notice	1	1	0
	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 notice/ evidence	3	3	0
	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	5 reports/ information	350	350	0
Subtotal					69 responses	4,789 hours	3,384 BOEM hours	1,405 BSEE hours
Subpart G – Facility Design, Fabrication, and Installation
*** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 285/585 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 285/585.
***700(a) (1), (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	1 report	200	0	200
***700(a) (2), (c); 702			Submit Fabrication and Installation Report, including copies of the cover letter, certification statement, and all required information, in format specified.	160	1 report	160	0	160
705(a); 707(a); 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 BSEE -- interim reports if required, in format specified.	100	1 interim report	100	0	100
				100	1 final report	100	0	100
637; 705(a); 707(b); 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 BSEE -- interim reports if required, in format specified.	100	1 interim report	100	0	100
				100	1 final report	100	0	100
***703; 705(a); 712; 815			CVA/project engineer monitors major project modifications and repairs and submits copies of all reports/certifications to lessee or grant holder and BSEE -- interim reports if required, in format specified.	20	1 interim report	20	0	20
				15	1 final report	15	0	15
705(b), (c)	671		Request waiver of CVA requirement in writing; lessee must demonstrate standard design and best practices.	40	1 waiver	40	24	16
706	670		Submit for approval with SAP, COP, or GAP, initial nominations for a CVA or new replacement CVA nomination and required information.	16	2 nominations	32	19	13
708(b)(2)			Notify BSEE if modifications identified by CVA/project engineer are accepted.	1	1 notice	1	0	1
709(a); 710			Make fabrication quality control, installation towing, and other records available to CVA/project engineer for review (retention required by § 285.714).	1	3 records retention	3	0	3
713			Notify BSEE within 10 business days after commencing commercial operations.	1	1 notice	1	0	1
714; 703(b)			Until BOEM releases financial assurance, compile, retain, and make available to BSEE 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	1 lessee	100	0	100
Subtotal					17 responses	972 hours	43 BOEM hours	929 BSEE hours
Subpart H – Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs
	701(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	2	0
	701(e), (f)		Submit information to ensure proposed activities will be conducted in compliance with the ESA and MMPA; including agreements and mitigating measures designed to avoid or minimize adverse effects and incidental take of endangered species or critical habitat.	6	2 submissions	12	12	0
802(a); 902(e)			Notify BSEE of archaeological resource within 72 hours of discovery.	3	1 notice	3	0	3
	702(a)		If requested, conduct further archaeological investigations, and submit report/information.	10	1 report	10	10	0
802(d)	702(d)		If applicable, submit payment for BSEE/BOEM costs in carrying out National Historic Preservation Act responsibilities.	.5	1 payment	2 (Note 1)	1	1
	703		If required, conduct additional surveys to define boundaries and avoidance distances and submit report.	15	2 survey/ report	30	30	0
810; 614(b); 632(b); 651	605(d); 627(d); 651		Submit safety management system description with the SAP, COP, or GAP.	35	2 submissions	70	10	60
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	2 reports	1	0	1
				1	1 written confirmation	1	0	1
813(b)(3)			Notify BSEE when equipment returned to service; provide written confirmation if reported orally.	.5	2 notices	1	0	1
815			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 report	2 (Note 1)	0	2
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 plan / report	2	0	2
822			Maintain records of design, construction, operation, maintenance, repairs, and investigation on or related to lease or ROW/RUE area; make available to BSEE for inspection.	1	4 records retention	4	0	4
823			Request reimbursement within 90 days for food, quarters, and transportation provided to BSEE reps during inspection.	2	1 request	2	0	2
824(a)			Develop annual self-inspection plan covering all facilities; retain with records and make available to BSEE upon request.	24	2 plans	48	0	48
824(b)			Conduct annual self-inspection and submit report by November 1.	36	2 reports	72	0	72
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 BSEE upon request.	60	2 assessments / actions	120	0	120
830(a), (c); 831 thru 833			Immediately report incidents to BSEE via oral communications, submit written follow-up report within 15 business days after the incident, and submit any required additional information.	Oral .5	2 incidents	1	0	1
				Written 4	1 incident	4	0	4
830(d)			Report oil spills as required by BSEE 30 CFR part 254.	2	1 report	2	0	2
Subtotal (Note 1: The hour burden multiplied by the annual responses does not equal the approved annual burden hours because OMB’s computer system does not accommodate decimal points. So, the approved annual burden was rounded-up. In the case of § 802(d), the BOEM and BSEE annual burden is a fraction of an hour, but both burdens were required to be rounded to one hour each, resulting in an approved annual burden of 2 hours.)					33 responses	388 hours	65 BOEM hours	324 BSEE hours
Subpart I – Decommissioning
**** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout parts 285 and 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 parts 285 and 585.
**** 902; 905, 906; 907; 908(b), (c); 909; 638(a)	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 regarding 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 application	20	1	19
902(d); 908(a)			Notify BSEE at least 60 days before commencing decommissioning activities.	1	1 notice	1	0	1
910(b)			Within 60 days after removing a facility, verify to BSEE that site is cleared.	1	1 verification	1	0	1
912			Within 60 days after removing a facility, cable, or pipeline, submit a written report.	8	1 report	8	0	8
BSEE does not anticipate decommissioning activities for at least 5 years, so the requirements have been given a minimal burden.
Subtotal					4 responses	30 hours	1 BOEM hours	29 BSEE hours
Part 586—Alternate Uses of Existing Facilities on the Outer Continental Shelf
Subpart J of part 585 is removed and is replaced with a new part 586 entitled, Alternate Uses of Existing Facilities on the Outer Continental Shelf.
		200, 201, 202	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 alternate use RUE, including all required information/modifications.	1	1 request	1	1	0
		203(a), (b), (c)	Submit indication of competitive interest in response to Federal Register notice.	4	1 submission	4	4	0
		203(c)	Submit description of proposed activities and required information in response to Federal Register notice of competitive offering.	5	1 submission	5	5	0
		203(f)	Lessee or owner of facility submits decision to accept or reject proposals deemed acceptable by BOEM.	1	1 submission	1	1	0
		210(c)	Request renewal of Alternate Use RUE.	6	1 request	6	6	0
		211; 216(b)	Provide financial assurance as BOEM determines in approving RUE for an existing facility, including additional security if required.	1	1 submission	1	1	0
		213	Submit request for assignment of an alternate use RUE for an existing facility, including all required information.	1	1 request	1	1	0
		215	Request relinquishment of RUE for an existing facility.	1	1 request	1	1	0
Subtotal					8 responses	20 hours	20 BOEM hours	0 BSEE hours
Total Burden					265 Responses	18,784 Hours	9,876 BOEM hours	8,908 BSEE hours
					$3,816,000 Non-Hour Cost Burdens		$1,908,000 Non-Hour Cost Burdens	$1,908,000 Non-Hour Cost Burdens

(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 $75 (rounded)/hour. This cost is broken out in the below table using the Bureau of Labor Statistics data for the 2021 National Industry-Specific Occupational Employment and Wage Estimates (NAICS 221100). See BLS website: https://www.bls.gov/oes/current/oessrci.htm.

POSITION	Hourly Pay rate ($/hour estimate)	Hourly rate including benefits (1.4** x $/hour)	Percent of time spent on collection	Weighted Average ($/hour)
Biologist (19-1029)	$53	$74	19%	$14
Oceanographer (19-2099)	$47	$65	15%	$10
GIS Specialist (17-1000)	$42	$59	7%	$4
Lawyer (23-1011)	$87	$122	9%	$11
Geophysicist/Geologist (19-2042)	$63	$88	10%	$9
Engineer (17-2000)	$53	$74	10%	$7
Disciplinary/Various (19-0000)	$48	$67	30%	$20
Weighted Average ($/hour)				$75

** A multiplier of 1.4 (as implied by BLS news release, USDL-22-1176, June 16, 2022) was added for benefits. The website is http://www.bls.gov/news.release/pdf/ecec.pdf).

Based on a cost factor of $75 per hour (rounded), we estimate the hour burden as a $ equivalent to industry is $740,700 ($75 x 9,876 hours = $740,700).

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 two non-hour cost burdens to industry, which are included in the burden table in section A.12. We estimate the total of those at $1,908,000 for the following:

§ 585.111 - $8,000: 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 BOEM anticipates approximately 2 fees.

§585.111(b)(3) - $1,900,000: 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 2 payments.

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.

The average government cost is $96/hour. This cost is broken out in the below table using the Office of Personnel Management Salary Table 2022 General Schedule Locality Pay Tables (WASHINGTON-BALTIMORE-ARLINGTON, DC-MD-VA-WV-PA. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2022/general-schedule/).

POSITION	GRADE	Hourly Pay rate ($/hour estimate)*	Hourly rate including benefits (1.6** x $/hour)	Percent of time spent on collection	Weighted Average ($/hour)
Biologist, Avian/Wildlife	GS-13/05	$58	$93	9%	$8
Biologist, Fish/Benthic	GS-13/05	$58	$93	10%	$9
Archeologist	GS-13/05	$58	$93	9%	$8
Air Quality Specialist	GS-14/05	$69	$110	6%	$7
Social Scientist/Economist	GS-13/05	$58	$93	13%	$12
Oceanographer	GS-13/05	$58	$93	24%	$22
CZM Specialist	GS-14/05	$69	$110	8%	$9
GIS Specialist	GS-12/05	$49	$78	6%	$5
Attorney	GS-14/05	$69	$110	4%	$4
Geophysicist/Geologist	GS-13/05	$58	$93	5%	$5
Engineer	GS-14/05	$69	$110	6%	$7
Weighted Average ($/hour)					$96

* The government cost is based on Washington, DC, 2022 pay scale.

** A multiplier of 1.6 (as implied by BLS news release, USDL-22-1176, June 16, 2022) was added for benefits. The website is (http://www.bls.gov/news.release/pdf/ecec.pdf).

To analyze and review the information required under part 585, we estimate the Federal government will spend an average of 1 hour for each hour spent by respondents. Based on a cost factor of $96 (rounded up) per hour, the total gross cost to the Government is $948,096 (9,876 hours x 1 = 9,876 hours x $96 = $948,096). We anticipate that this will vary a great deal, depending on the project and the amount of NEPA and other work that is involved.

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

This rule transfers some regulations associated with currently approved IC burdens from BOEM’s responsibility to BSEE’s responsibility; this rule contains no substantive changes to current IC burdens. In some cases, the requirements are administered by both BOEM and BSEE as shown in the burden table in No. 12.

With the transfer of 8,908 burden hours from BOEM to BSEE, BOEM’s new burdens are 9,876 hours. This represents an adjustment due to the change in regulation transferring burdens from BOEM to BSEE. BOEM’s non-hour costs decreases from $3,816,000 to $1,908,000.

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.

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.

BOEM will display the OMB approval and expiration date. 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.

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.”

1 Pub. L. 109-58, 119 Stat. 594.

2 OCSLA is codified at 43 U.S.C. 1331 et seq. Subsection 8(p) of OCSLA is codified at 43 U.S.C. 1337(p).

3 43 U.S.C. 1337(p)(3).

4 Id. 1337(p)(8).

12