1010-0176 30-day notice

1010-0176 30-day notice.pdf

30 CFR 285 - Renewable Energy and Alternate Uses of Existing Facilities on the OCS

1010-0176 30-day notice

OMB: 1010-0176

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices

For PHAs with fiscal years ending
June 30, 2009, or September 30, 2009,
their management operations
certification is due 2 months after the
date of this notice.
Resident Assessment Indicator. HUD
will not administer the resident service
and satisfaction survey during
Transition Year 2. A PHA has a choice
regarding its resident service and
satisfaction assessment score:
(1) The most recent resident service
and satisfaction assessment score will
be carried over for PHAs with fiscal
years ending June 30, 2009, September
30, 2009, December 31, 2009, and March
31, 2010; or
(2) If a PHA believes it would have
received a higher resident service and
satisfaction assessment score if a new
resident survey had been conducted, it
may appeal its resident service and
satisfaction assessment score pursuant
to 24 CFR 902.69 and must include the
PHA’s supporting documentation and
reasons for the appeal. Please send all
appeal requests to the Deputy Assistant
Secretary, Real Estate Assessment
Center, at the following address:
U.S. Department of Housing and Urban
Development, Office of Public and
Indian Housing, Attention: Deputy
Assistant Secretary, Departmental
Real Estate Assessment Center, 550
12th Street, SW., Suite 100,
Washington, DC 20410.
HUD will determine if an adjustment
is warranted. All other aspects of the
current PHAS rule will remain in effect
during Transition Year 2.
III. Environmental Review

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This notice provides operating
instructions and procedures in
connection with activities under a
Federal Register document that has
previously been subject to a required
environmental review. Accordingly,
under 24 CFR 50.19(c)(4), this notice is
categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
Dated: January 4, 2010.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian
Housing.
[FR Doc. 2010–267 Filed 1–11–10; 8:45 am]
BILLING CODE 4210–67–P

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DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2009–OMM–0012]

MMS Information Collection Activity:
1010–0176, Renewable Energy and
Alternate Uses of Existing Facilities on
the Outer Continental Shelf, Extension
of a Collection; Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of an
information collection (1010–0176).
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to OMB an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
30 CFR 285, ‘‘Renewable Energy and
Alternate Uses of Existing Facilities on
the Outer Continental Shelf,’’ and
related forms. This notice also provides
the public a second opportunity to
comment on the paperwork burden of
these regulatory requirements.
DATES: Submit written comments by
February 11, 2010.
ADDRESSES: Submit comments by either
fax (202) 395–5806 or e-mail
([email protected]) directly
to the Office of Information and
Regulatory Affairs, OMB, Attention:
Desk Officer for the Department of the
Interior (1010–0176). Please also submit
a copy of your comments to MMS by
any of the means below.
• Electronically: Go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter docket ID
MMS–2009–OMM–0012, then click
search. Under the tab ‘‘View by
Relevance’’ you can submit public
comments and view supporting and
related materials available for this
collection of information. The MMS will
post all comments.
• Mail or hand-carry comments to the
Department of the Interior; Minerals
Management Service; Attention: Cheryl
Blundon; 381 Elden Street, MS–4024;
Herndon, Virginia 20170–4817. Please
reference Information Collection 1010–
0176 in your subject line and include
your name and return address.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Regulations and
Standards Branch, (703) 787–1607. You
may also contact Cheryl Blundon to
obtain a copy, at no cost, of the
regulations and forms that require the
subject collection of information.

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SUPPLEMENTARY INFORMATION:

Title: 30 CFR 285, Renewable Energy
and Alternate Uses of Existing Facilities
on the Outer Continental Shelf.
Forms: MMS–0002, MMS–0003,
MMS–0004, MMS–0005, and MMS–
0006.
OMB Control Number: 1010–0176.
Abstract: 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-ofway 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 (Pub. 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 Minerals Management Service
(MMS). The MMS has issued
regulations for OCS renewable energy
activities at 30 CFR part 285.
Subsequent to the approval of the
information collection requirements in
the final 30 CFR part 285 regulations,
MMS developed five new forms that
respondents must use to submit certain
information collection requirements in
Subpart D, Lease and Grant
Administration, and Subpart E,
Payments and Financial Assurance
Requirements. These forms entail no
additional burden as they only clarify
and facilitate the submission of the
currently approved information
collection requirements to which the
forms pertain. This resubmitted ICR is
revised to: Correct citation numbering,
fine tune words to better match
requirements in the final rule, and
reflect the inclusion of the new Forms
MMS–0002, MMS–0003, MMS–0004,
MMS–0005, and MMS–0006. No burden
hours have been changed from the OMB
currently approved collection.
Regulations implementing these
responsibilities are under 30 CFR part
285. Responses are mandatory or
required to obtain or retain a benefit. No
questions of a sensitive nature are
asked. The MMS protects information
considered proprietary according to the
Freedom of Information Act (5 U.S.C.
552) and its implementing regulations
(43 CFR part 2), and under regulations
at 30 CFR 285.113, addressing
disclosure of data and information to be
made available to the public and others.
Respondents will operate commercial
and noncommercial technology projects

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
that include installation, construction,
operation and maintenance, and
decommissioning of offshore facilities,
as well as possible onshore support
facilities. The MMS must ensure that
these activities and operations on the
OCS are carried out in a safe and
pollution-free 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, MMS 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, MMS will use the
information collected under part 285 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 a
ROW or RUE serves the purpose
specified in the grant.
• Review and approve SAPs, COPs,
and GAPs 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. The MMS inspectors monitor
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

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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.
In addition to the above, forms will be
submitted to MMS. The MMS needs the
information on the forms for proper and
efficient administration of OCS
renewable energy leases and grants and
to document the financial responsibility
of lessees and grantees. Forms MMS–
0002, MMS–0003, MMS–0004, and
MMS–0006 are needed by renewable
energy entities on the OCS to designate
an operator and to assign or relinquish
a lease or grant. Form MMS–0005 is
needed to procure and submit a bond
for the purpose of meeting financial
assurance requirements as set forth in
the regulations. The MMS will maintain
the forms that are submitted as official
lease and grant records pertaining to
operating responsibilities, ownership,
and financial responsibility.
Respondents submit the following
forms to MMS under 30 CFR part 285,
subpart D. The forms and their purposes
are:
OCS Renewable Energy Assignment of
Grant, Form MMS–0002
The MMS uses this form as the
official record as to the assignment of
record title interest in a renewable
energy grant (Right-of-Way or Right-ofUse and Easement). The MMS uses the
information to identify the assigned
grant interest and any new grant
resulting from the assignment. The
information on Form MMS–0002 will be
filed and maintained in the applicable
MMS regional office.
OCS Renewable Energy Assignment of
Interest in Lease, Form MMS–0003
The MMS uses this form as the
official record as to the assignment of
record title interest in a renewable
energy lease. The MMS uses the
information to identify the assigned
lease interest and any new lease
resulting from the assignment. The
information on Form MMS–0003 will be
filed and maintained in the applicable
MMS regional office.
OCS Renewable Energy Lease or Grant
Relinquishment Application, Form
MMS–0004
The MMS uses this form as the
official record as to the relinquishment

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of a renewable energy lease or grant.
Although relinquishment may be
required by MMS under 30 CFR
285.658(c), in most cases
relinquishments will be filed
voluntarily. Form MMS–0004 is
required for any relinquishment and
will be filed and maintained in the
applicable MMS regional office.
OCS Renewable Energy Lessee’s,
Grantee’s, and Operator’s Bond, Form
MMS–0005
The MMS uses this form as the
official instrument for filing and
maintaining a surety bond for financial
assurance relating to a lease or grant in
compliance with the requirements of 30
CFR 285, subpart E. Form MMS–0005 is
required for all bonds and other forms
of financial assurance and will be filed
and maintained in the applicable MMS
regional office.
OCS Renewable Energy Lease or Grant
Designation of Operator, Form MMS–
0006
The MMS uses the information in this
form as the official record as to
designation of the individual,
corporation, or association having
control or management of activities on
a renewable energy lease or grant. Form
MMS–0006 is required to designate an
operator or to notify MMS of a change
in the designated operator.
Frequency: Varies depending upon
the requirement, but is generally on
occasion or annual.
Description of Respondents: 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.
Estimated Reporting and
Recordkeeping Hour Burden: The
estimated annual hour burden for this
information collection is a total of
31,124 hours. The following chart
details the individual components and
estimated hour burdens. In calculating
the burdens, we assumed that
respondents perform certain
requirements in the normal course of
their activities. We consider these to be
usual and customary and took that into
account in estimating the burden.

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Non-hour cost burdens

Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

Average number of annual
responses

Annual
burden
hours

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 MMS approval—burdens covered under specific requirements.

0

102(e) .........................................

State and local governments enter into
task force or joint planning or coordination agreement with MMS.

1

6 agreements ...........................

6

103; 904 .....................................

Request general departures not specifically covered elsewhere in part 285.

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 285.

1

8 requests ................................

8

106; 107; 213(e); 230(f); 302(a);
408(b)(7); 409(c); 1005(c);
1007(c); 1013(b)(7).

Submit evidence of qualifications to hold
a lease or grant, required information
and supporting information.

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 ..

108; 530(b) ................................

Notify MMS within 3 business days after
learning of any action filed alleging respondent is insolvent or bankrupt.

109 .............................................

Notify MMS 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.

111 .............................................

Within 30 days of receiving bill, submit
processing fee payments for MMS document or study preparation to process
applications and requests.

Requirement not considered IC under 5 CFR
1320.3(h)(9).
1

1 notice ....................................

Requirement not considered IC under 5 CFR
1320.3(h)(1).

.5

4 fee submissions ....................

0
1

0

2

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4 MMS 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 MMS 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 MMS to
reduce MMS 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 MMS to reduce MMS
processing costs.

111(b)(7); 118(a); 436(c) ...........

Appeal MMS estimated processing costs,
decisions, or orders pursuant to 30
CFR 290.

113(b) .........................................

Respond to the Freedom of Information
Act release schedule.

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3 contractor payments x $950,000 = $2,850,000

Exempt under 5 CFR 1320.4(a)(2), (c)

4

1 agreement .............................

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Non-hour cost burdens
Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

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 alternative 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.

Annual
burden
hours

Average number of annual
responses

Requirement not considered IC under 5 CFR
1320.3(h)(9).
78 responses ...........................

Subtotal

0

19,183 hours

$2,866,000 non-hour costs

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Subpart B—Issuance of OCS Alternative 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 285

210; 211(a), (b); 213 thru 216 ...

Submit comments in response to Federal
Register notices on Request for Interest in OCS Leasing, Call for Information and Nominations (Call), Area Identification, and the Proposed Sale Notice.

4

16 comments ...........................

64

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 MMS
with required payments, including evidence that agent is authorized to act
for bidder; if applicable, submit information to support delay in execution.

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 unsolicited requests ..............

16

231(g) .........................................

Within 10 business days of receiving
lease documents, execute lease; file financial assurance and supporting documentation.

2

4 leases ....................................

8

231(g) .........................................

Within 45 days of receiving lease copies,
submit rent and rent information.

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

2 requests ................................

2

237(b) .........................................

Request lease be dated and effective 1st
day of month in which signed.

1

1 request ..................................

1

49 responses ...........................

181 hours

Burdens covered by information collections
approved for 30 CFR Subchapter A.

Subtotal

0

0

Subpart C—ROW Grants and RUE Grants for Alternative Energy Activities
306; 309; 315; 316 ....................

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These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 285.

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
Non-hour cost burdens

Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

302(a); 305; 306 ........................

Submit 1 paper copy and 1 electronic
version of a request for a new or modified ROW or RUE and required information, including qualifications to hold
a grant.

5

1 ROW/RUE request ...............

5

307; 308(a)(1) ............................

Submit comments on competitive interest
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

5 responses .............................

20 hours

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 285.

0

401(b) .........................................

Take measures directed by MMS in cessation order and submit reports in
order to resume activities.

405(d) .........................................

Submit written notice of change of address.

405(e); Form MMS–0006 ..........

If designated operator (DO) changes, notify MMS and identify new DO for MMS
approval.

1

1 new DO notice ......................

1

408 thru 411; Forms MMS–0002
and MMS–0003.

Within 90 days after last party executes a
transfer agreement, submit 1 paper
copy and 1 electronic version 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.

1 (30 minutes
per form × 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 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 1 paper copy and
1 electronic version of study and results.

100

1 study/submission ..................

100

Average number of annual
responses

Subtotal

Annual
burden
hours

Subpart D—Lease and Grant Administration

100

1 cessation measures report ...

Requirement not considered IC under 5 CFR
1320.3(h)(1).

100

0

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1 study × $950,000 = $950,000
425 thru 428; 652(a) ..................

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.

6

2 renewal requests ..................

12

435; 658(c)(2); Form MMS–
0004.

Submit 1 paper copy and 1 electronic
version of application to relinquish
lease or grant.

1

2 relinquishments .....................

2

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1639

Non-hour cost burdens
Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

436; 437 .....................................

Provide information for reconsideration of
MMS decision to contract or cancel
lease or grant area.

Average number of annual
responses

Requirement not considered IC under 5 CFR
1320.3(h)(9).
11 responses ...........................

Subtotal

Annual
burden
hours
0

237 hours

$950,000

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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 285 to furnish, replace, or provide additional bonds, securities, or financial assurance.
This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens
for which are covered elsewhere in part 285.

0

500 thru 509; 1011 ....................

Submit payor information, payments and
payment information, and maintain
auditable records according to subchapter A regulations or guidance.

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.
MMS’s burden is for submitting a copy).

10 min

6 forms .....................................

1

510 .............................................

Submit application and required information for waiver or reduction of rental or
other payment.

1

1 waiver or rental reduction .....

1

* 515; 516(a)(1), (b); 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 MMS.

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 decommissioning 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
MMS–0005.

Execute and provide $300,000 minimum
limited lease or grant-specific bond or
increase financial assurance if required.

1

1 base-level ROW/RUE bond ..

1

525(g) .........................................

Surety notice to lessee or ROW/RUE
grant holder and MMS within 5 business days after initiating insolvency or
bankruptcy proceeding, or Treasury decertifies surety.

1

1 surety notice .........................

1

* 526 ...........................................

In lieu of surety bond, pledge other types
of securities, including authority for
MMS to sell and use proceeds.

2

1 other security pledge ............

2

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Burdens covered by information collections
approved for 30 CFR Subchapter A.

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
Non-hour cost burdens

Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

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.

10

1 ...............................................

10

528(c)(6); 532(b) ........................

Guarantor/Surety requests MMS 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 MMS 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 MMS
notice, lessee, grant holder, or surety
agrees to and demonstrates to MMS
that lease will be brought into compliance.

16

1 agreement demonstration .....

16

37 responses ...........................

77 hours

Average number of annual
responses

Subtotal

Annual
burden
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 285 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.

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

** 600(a); 601(a), (b); 605 thru
613.

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Within 6 months after issuance of a competitive lease or grant, or within 60
days after determination of no competitive interest, submit 1 paper copy and
1 electronic version of a SAP, including
information to assist MMS to comply
with NEPA such as hazard info, air
quality, and all required information,
certifications, etc.

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6 SAPs .....................................

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1,440

Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices

1641

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Non-hour cost burdens
Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

** 600(b); 601(c), (d)(1); 606(b);
618; 620 thru 629; 633.

If requesting an operations term for commercial lease, at least 6 months before
the end of site assessment term, submit 1 paper copy and 1 electronic
version of a COP, or FERC license application, including information to assist
MMS to comply with NEPA such as
hazard info, air quality, and all required
information, surveys and/or their results, reports, certifications, project
easements, supporting data and information, etc.

1,000

3 COPs ....................................

3,000

** 600(c); 601(a), (b); 640 thru
648.

Within 6 months after issuance of a competitive lease or grant, or within 60
days after determination of no competitive interest, submit 1 paper copy and
1 electronic version of a GAP, including
information to assist MMS to comply
with NEPA such as hazard info, air
quality, and all required information,
surveys and reports, certifications,
project easements, etc.

240

1 GAP ......................................

240

** 601(d)(2); 622; 628(f); 632;
634; 658(c)(3).

Submit revised or modified COPs, including project easements, and all required
additional information.

50

1 revised or modified COP ......

50

602 1 ...........................................

Until MMS releases financial assurance,
respondents must maintain, and provide to MMS 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(d), (e) ...............................

Submit revised or modified SAPs and required additional information.

50

1 revised or modified SAP .......

50

612(b); 647(b) ............................

Noncompetitive leases must submit copy
of SAP or GAP consistency certification
and supporting documentation.

1

4 leases ....................................

4

615(a) .........................................

Notify MMS 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 MMS determines, SAP compliance
certification, effectiveness statement,
recommendations, reports, supporting
documentation, etc.

40

8 compliance certifications .......

320

617(a) .........................................

Notify MMS 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) .........................................

Include oil spill response plan as required
by part 254.

631 .............................................

Request deviation from approved COP
schedule.

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Hour
burden

Average number of annual
responses

Burden covered 30 CFR part 254, 1010–0091.

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2

1 deviation request ..................

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hours

0
2

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Non-hour cost burdens
Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

633(b) .........................................

Submit annual, or at other time periods
as MMS determines, COP compliance
certification, effectiveness statement,
recommendations, reports, supporting
documentation, etc.

80

9 compliance certifications .......

720

634(a) .........................................

Notify MMS 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 MMS any time commercial operations cease without an approved suspension.

1

1 termination notice .................

1

636(a) .........................................

Notify MMS 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 MMS in writing no later than 30
days after completion of construction
and installation activities.

1

3 completion notices ................

3

636(c) .........................................

Notify MMS in writing at least 7 days before commencing commercial operations.

1

3 initial ops notices ..................

3

** 642(b); 648(e); 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 MMS 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 MMS determines, GAP compliance
certification, recommendations, reports,
etc.

40

8 compliance certifications .......

320

655(a) .........................................

Notify MMS 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 MMS if at 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 MMS evidence of such notices.

3

1 deviation notice/MMS evidence.

3

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Average number of annual
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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices

1643

Non-hour cost burdens
Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

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.

Average number of annual
responses
70

Subtotal

Annual
burden
hours

10 air quality modeling reports/
information.

700

108 responses .........................

7,598

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 285 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.
*** 700(a)(1), (b), (c); 701 ..........

Submit Facility Design Report, including 1
paper copy and 1 electronic copy 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 1 paper copy and 1 electronic
copy of a Fabrication and Installation
Report, certification statement and all
required information.

160

3 Fabrication & Installation Reports.

480

705(a)(3); 707; 712 ....................

Certified Verification Agent (CVA) conducts independent assessment of the
facility design and submits reports to
lessee or grant holder and MMS—interim reports if required, and 1 electronic copy and 1 paper copy of the
final report.

100

3 CVA design interim reports ..

300

100

3 CVA final reports ..................

300

100

3 CVA interim reports ..............

300

100

3 CVA final reports ..................

300

20

1 interim report .........................

20

15

1 final report .............................

15

705(a)(3); 708; 709; 710; 712 ...

703 ***; 705(a)(3); 711; 712 .......

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

0

CVA conducts independent assessments
on the fabrication and installation activities, informs lessee or grant holder if
procedures are changed or design
specifications are modified; and submits reports to lessee or grant holder
and MMS—interim reports if required,
and 1 electronic copy and 1 paper
copy of the final report.

CVA/project engineer monitors major
project modifications and repairs and
submits reports to lessee or grant holder and MMS—interim reports if required, and 1 electronic copy and 1
paper copy of the final report.

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 MMS if
modifications identified by CVA/project
engineer are accepted.

1

1 notice ....................................

1

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
Non-hour cost burdens

Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

709(a)(14); 710(a)(2), (e) 1 ........

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

713 .............................................

Notify MMS within 10 business days after
commencing commercial operations.

1

2 commence notices ................

2

714; 1 ..........................................

Until MMS releases financial assurance,
compile, retain, and make available to
MMS 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

43 responses ...........................

2,869

Average number of annual
responses

Subtotal

Annual
burden
hours

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs,
COPs, and GAPs
801(c), (d) ..................................

Notify MMS 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 MMS of archaeological resource
within 72 hours of discovery.

3

1 archaeological notice ............

3

802(b); 802(c) ............................

If requested, conduct further archaeological investigations and submit report.

10

1 archaeological report ............

10

802(d) .........................................

If applicable, submit payment for MMS
costs in carrying out National Historic
Preservation Act responsibilities.

.5

1 payment ................................

.5

803(b) .........................................

If required, conduct additional surveys to
define boundaries and avoidance distances and submit report.

15

2 survey/report .........................

30

810 ***; 632(b) ............................

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

.5

3 return to service notices .......

1.5

813(b)(3) ....................................

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Notify MMS when equipment returned to
service; provide written confirmation if
oral notice.

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1645

Non-hour cost burdens
Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

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 MMS 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
MMS for inspection.

1

4 records retention ...................

4

823 .............................................

Request reimbursement within 90 days
for food, quarters, and transportation
provided to MMS reps during inspection.

2

1 reimbursement request .........

2

824(a) 1 .................................

Develop annual self inspection plan covering all facilities; retain with records,
and make available to MMS 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 MMS
upon request.

60

4 assessments and mitigation
actions.

240

830(a), (c); 831 thru 833 ...........

Immediately report incidents to MMS 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) .........................................

Hour
burden

Report oil spills as required by part 254 ..

Average number of annual
responses

Burden covered by 1010–0091, 30 CFR part
254

Subtotal

52 responses ...........................

Annual
burden
hours

0
908

Subpart I—Decommissioning

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Four **** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references
throughout part 285 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

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
Non-hour cost burdens

Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

**** 902(b), (c), (d), (f); 905, 906;
907; 908(c); 909.

Submit for approval 1 paper copy and 1
electronic copy 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, 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 requested or modify
and resubmit application.

20

1 decommissioning application

20

902(d); 908; ...............................

Notify MMS at least 60 days before commencing decommissioning activities.

1

1 decommissioning notice .......

1

910 .............................................

Within 60 days after removing a facility,
verify to MMS 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

Average number of annual
responses

Annual
burden
hours

MMS does not anticipate decommissioning activities for at least 5 years so the requirements have been given a minimal burden
Subtotal

4 responses .............................

30

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

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 MMS 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 MMS.

1

1 decision .................................

1

1010(c) .......................................

Request renewal of Alternate Use RUE ...

6

1 renewal request ....................

6

1012; 1016(b) ............................

Provide financial assurance as MMS 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

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
Non-hour cost burdens
Section(s) in 30 CFR 285

Reporting and recordkeeping
requirement

Hour
burden

Average number of annual
responses

Subtotal

Annual
burden
hours

8 responses .............................

20

No change to burden covered by 1010–0142, 30
CFR 250, subpart Q

0

30 CFR Parts 250 & 290 Proposed Revisions
250.1730 ....................................

Request departure from requirement to
remove a platform or other facility.

250.1731(c) ................................

Request deferral of facility removal subject to RUE issued under this subpart.

250.290.2 ...................................

Request reconsideration of an MMS decision concerning a lease bid.

1

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Total Burden

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1 response ...............................

1

396 Responses ........................

31,124

$3,816,000 Non-Hour Cost Burdens

requires each agency ‘‘* * * to provide
notice * * * and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information * * *’’
Agencies must specifically solicit
comments to: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
To comply with the public
consultation process, on September 23,
2009, we published a Federal Register
notice (74 FR 48588) announcing that
we would submit this ICR to OMB for
approval. The notice provided the
required 60-day comment period. In
addition, § 285.114 provides the OMB
control number for the information
collection requirements imposed by the
30 CFR 285 regulations. The regulation
also informs the public that they may
comment at any time on the collections
of information and provides the address
to which they should send comments.
We have received no comments in
response to these efforts.
If you wish to comment in response
to this notice, you may send your
comments to the offices listed under the
ADDRESSES section of this notice. The
OMB has up to 60 days to approve or
disapprove the information collection
but may respond after 30 days.
Therefore, to ensure maximum

PO 00000

1

Requirement not considered IC under 5 CFR
1320.3(h)(9)

Subtotal

Estimated Reporting and
Recordkeeping Non-Hour Cost Burden:
We have identified three non-hour cost
burdens to industry. We estimate the
total of those at $3,816,000 for the
following:
Section 285.111–$16,000: This section
requires respondents to pay a processing
fee for MMS document or study
preparation when necessary for MMS
processing of applications and requests.
The processing fee is $4,000 and we
anticipate approximately 4 fees.
Section 285.111(b)(3)–$2,850,000:
This section allows respondents to pay
a contractor instead of MMS for all or
part of any document, study, or other
activity, and provide the results to MMS
to reduce MMS 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.
Section 285.417(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 MMS.
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.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. Until OMB approves a
collection of information, you are not
obligated to respond.
Comments: Section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501, et seq.)

1 deferral request .....................

Fmt 4703

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consideration, OMB should receive
public comments by February 11, 2010.
Public Availability of Comments:
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment–including your
personal identifying information–may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
MMS Information Collection
Clearance Officer: Arlene Bajusz, (202)
208–7744.
Dated: November 25, 2009.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. 2010–356 Filed 1–11–10; 8:45 am]
BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L10300000 EG0000 LLWO270000]

Extension of Approved Information
Collection, OMB Control Number 1004–
0001
AGENCY: Bureau of Land Management,
Interior.
ACTION: 60-Day notice and request for
comments.
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Land Management (BLM)
announces its intention to request that
the Office of Management and Budget
(OMB) extend approval for the

E:\FR\FM\12JAN1.SGM

12JAN1


File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2010-01-11
File Created2010-01-11

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