Supporting Statement_1010-0176_Final

Supporting Statement_1010-0176_Final.docx

30 CFR 585 - Renewable Energy and Alternate Uses of Existing Facilities on the OCS

OMB: 1010-0176

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Supporting Statement A

30 CFR 585, Renewable Energy and Alternate Uses of Existing

Facilities on the Outer Continental Shelf

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

OMB Control Number 1010-0176

Current Expiration Date: June 30, 2019


Terms of Clearance: None


General Instructions


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


Specific Instructions


A. Justification


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


The Outer Continental Shelf (OCS) Lands Act, as amended (43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes the Secretary of the Interior to issue leases, easements, or rights-of-way on the OCS for activities that produce or support production, transportation, or transmission of energy from sources other than oil and gas (renewable energy). Specifically, subsection 8(p) of the OCS Lands Act, as amended (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.


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.]


BOEM will use the information collected under part 585 to:


Subpart A and B

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

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


Subpart D

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 record title

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


Page 1


Heading:

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

Part A—Assignment:

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


Page 2


Part B—Certification and Acceptance:

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


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

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

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


Page 1


Heading:

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

Part A—Assignment:

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



Page 2


Part B—Certification and Acceptance:

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


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


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

energy lease or grant. Although relinquishment may be required by BOEM under 30 CFR 585.658(c), in most cases relinquishments will be filed voluntarily. Pursuant to 30 CFR 585.435, Form BOEM-0004 is required for any relinquishment.


Page 1


Heading:

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

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

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

Attach Notary Acknowledgement (not mandatory):

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


Page 2


Heading:

This information is repeated from the heading on page 1.

Lease Number, ROW, or RUE Grant Number; Name of Facility.

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


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.


Page 1


Heading:

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

Lease or Grant Number:

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

Regional BOEM Office:

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

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

Name of Lessee or Grantee and Operator, Qualification Number, Authorized Signatory, Printed or Typed Name and Title, and Date.


Page 2


Lease or Grant Number.

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

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


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


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


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

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

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

approved by BOEM.


Page 1


Heading:

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

Form Information:

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


The Principal will enter its Name and Mailing Address.


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


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


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


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


Pages 2 and 3


Form Information:


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


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


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



Subpart F

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 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.


Subpart H and I

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

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.



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.


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


The Department of Energy, Energy Information Agency (EIA) Form 923 is filled out under OMB Control Number 1905-0129. BOEM will obtain information on the form to determine the gross annual generation of electricity from EIA.


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 1320.8(d), BOEM published a 60-day notice in the Federal Register (84 FR 3232, February 11, 2019) to request comments on the need for the collection, the accuracy of the burden estimates, ways to enhance the collection, and ways to minimize the burden. BOEM received no comments in response to this Federal Register notice.


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


To prepare this information collection renewal request, companies were contacted to determine the estimated burden this subpart places on respondents. These representatives responded with no concerns regarding the availability of data, frequency of collection, clarity of instructions, and elements being collected at this time. No changes were made based on outreach efforts.


Senior Vice President – Development, Deepwater Wind Office

56 Exchange Terrace, Suite 3000

Providence, RI 02903


V.P. – Permitting Affairs, Vineyard Wind

700 Pleasant Street, Suite 510

New Bedford, Massachusetts 02740


Permitting Manager – North America Orsted (formerly Dong Energy)

One International Place, Suite 2610

Boston, MA 02110



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 585

Reporting and Recordkeeping

Requirement1

Hour Burden

Average No. of Annual Responses

Annual Burden Hours

Non-hour Cost Burdens

Subpart A – General Provisions

102; 105; 110

These sections contain general references to submitting comments, requests, applications, plans, notices, reports, and/or supplemental information for BOEM approval—burdens covered under specific requirements.

0

102(e)

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

1

2 agreements

2

103; 904;

Request general departures not specifically covered elsewhere in part 585.

2

6 requests

12

105(c)

Make oral requests or notifications and submit written follow up within 3 business days not specifically covered elsewhere in part 585.

1

5 requests

5

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

Submit evidence of qualifications to hold a lease or grant; submit required supporting information (electronically if required).

2

20 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), 118(c), 225(b); 436; 437; 527(c); 705(c)(2); 1016

Request reconsideration and/or hearing.

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

0

108; 530(b)

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

1

1 notice

1

109

Notify BOEM in writing of merger, name change, or change of business form no later than 120 days after earliest of either the effective date or filing date.

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

0

111

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

.5

4 submissions

2

4 payments x $4,000 = $16,000

111(b)(2), (3)

Submit comments on proposed processing fee or request approval to perform or directly pay contractor for all or part of any document, study, or other activity, to reduce BOEM processing costs.

2

4 requests

8

111(b)(3)

Perform, conduct, develop, etc., all or part of any document, study, or other activity; and provide results to BOEM to reduce BOEM processing fee.

12,000

1 submission

12,000

111(b)(3)

Pay processing fee for all or part of any document, study, or other activity, and provide results to BOEM to reduce BOEM processing costs.

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

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

Appeal BOEM estimated processing costs, decisions, or orders pursuant to 30 CFR 590.

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

0

115(c)

Request approval to use later edition of a document incorporated by reference or alternative compliance.

1

1 request

1

118(c); 225(b)

Within 15 days of bid rejection, request reconsideration of bid decision or rejection.

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

0

Subtotal

45 responses

12,072 hours

$2,866,000 non-hour costs

Subpart B – Issuance of OCS Renewable Energy Leases

200; 224; 231; 235; 236; 238

These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 585.

0

210; 211(a-c); 212 thru 216

Submit nominations and general comments in response to Federal Register notices on Request for Interest in OCS Leasing, Call for Information and Nominations (Call), Area Identification, and Notices of Sale. Includes industry, State & local governments.

Not considered IC as defined in 5 CFR 1320.3(h)(4).

0

210; 211(a-c); 212 thru 216

Submit comments and required information in response to Federal Register notices on Request for Interest in OCS Leasing, Call for Information and Nominations (Call), Area Identification, and Notices of Sale. Includes industry, State & local governments.

4

30 comments

120

211(d); 216; 220 thru 223; 231(c)(2)

Submit bid, payments, and required information in response to Federal Register Final Sale Notice.

5

12 bids

60

224

Within 10 business days, execute 3 copies of lease form and return to BOEM with required payments, including evidence that agent is authorized to act for bidder; if applicable, submit information to support delay in execution—competitive leases.

1

2 lease executions

2

230; 231(a)

Submit unsolicited request and acquisition fee for a commercial or limited lease.

5

2 requests

10

231(b)

Submit comments in response to Federal Register notice re interest of unsolicited request for a lease.

4

4 comments

16

231(g)

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

2

2 leases

4

231(g)

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

Burdens covered by information collections approved for ONRR 30 CFR Chapter XII.

0

235(b); 236(b)

Request additional time to extend preliminary or site assessment term of commercial or limited lease, including revised schedule for SAP, COP, or GAP submission.

1

3 requests

3

237(b)

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

1

1 request

1

238

Submit request for renewable energy research lease.

4

1 request

4

Subtotal

57 responses

220 hours

Subpart C – ROW Grants and RUE Grants for Renewable Energy Activities

306; 309; 315; 316

These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 585.

0

302(a); 305; 306

Submit copies of a request for a new or modified ROW or RUE and required information, including qualifications to hold a grant, in format specified.

5

1 request

5

307; 308(a)(1)

Submit information in response to Federal Register notice of proposed ROW or RUE grant area or comments on notice of grant auction.

4

2 comments

8

308(a)(2), (b); 315; 316

Submit bid and payments in response to Federal Register notice of auction for a ROW or RUE grant.

5

1 bid

5

309

Submit decision to accept or reject terms and conditions of noncompetitive ROW or RUE grant.

2

1 submission

2

Subtotal

5 responses

20 hours

Subpart D – Lease and Grant Administration

400; 401; 402; 405; 409; 416, 433

These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 585.

0

401(b)

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

100

1 report

100

405(d)

Submit written notice of change of address.

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

0

405(e);

Form BOEM-0006

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

1

1 notice

1

408 thru 411;

Forms BOEM-0002 and BOEM-0003

Within 90 days after last party executes a transfer agreement, submit copies of a lease or grant assignment application, including originals of each instrument creating or transferring ownership of record title, eligibility and other qualifications; and evidence that agent is authorized to execute assignment, in format specified.

1 (30 minutes per form x 2 forms = 1 hour)

2 requests/ submissions

2

415(a)(1); 416; 420(a), (b); 428(b)

Submit request for suspension and required information/payment no later than 90 days prior to lease or grant expiration.

10

1 request

10

417(b)

Conduct, and if required pay for, site-specific study to evaluate cause of harm or damage; and submit copies of study and results, in format specified.

100


1 study/ submission

100

1 study x $950,000 = $950,000

425 thru 428; 652(a); 235(a), (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 requests

6

435; 658(c)(2);

Form BOEM-0004

Submit copies of application to relinquish lease or grant, in format specified.

1

1 submission

1

436; 437

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

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

0

Subtotal

8 responses

220 hours

$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, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 585. In the future BOEM may require electronic filings of certain submissions.

0

500 thru 509; 1011

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

Burdens covered by information collections approved for ONRR 30 CFR Chapter XII.

0

506(c)(4)

Submit documentation of the gross annual generation of electricity produced by the generating facility on the lease - use same form as authorized by the EIA.

Burden covered under DOE/EIA OMB Control Number 1905-0129

0

510; 506(c)(3)

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

1

1 submission

1

* 515; 516; 525(a) thru (f)

Execute and provide $100,000 minimum lease-specific bond or other approved security; or increase bond level if required.

1

2 bonds

2

* 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

516(a)(4); 521(c)

Execute and provide decommissioning bond or other financial assurance; schedule for providing the appropriate amount.

1

1 bond

1

517(c)(1)

Submit comments on proposed adjustment to bond amounts.

1

1 submission

1

517(c)(2)

Request bond reduction and submit evidence to justify.

5

1 request

5

* 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

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

* 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

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 demonstration

10

528

Provide third-party indemnity; financial information/statements; additional bond info; executed guarantor agreement and supporting information/documentation/agreements.

10

1 submission

10

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

Guarantor/Surety requests BOEM terminate period of liability and notifies lessee or ROW/RUE grant holder, etc.

1

1 request

1

* 529

In lieu of surety bond, request authorization to establish decommissioning account, including written authorizations and approvals associated with account.

2

1 request

2

530

Notify BOEM promptly of lapse in bond or other security/action filed alleging lessee, surety or guarantor et al is insolvent or bankrupt.

1

1 notice

1

533(a)(2)

(ii), (iii)

Provide agreement from surety issuing new bond to assume all or portion of outstanding liabilities.

3

1 submission

3

536(b)

Within 10 business days following BOEM notice, lessee, grant holder, or surety agrees to and demonstrates to BOEM that lease will be brought into compliance.

16

1 demonstration every 2 years

8

Subtotal

19 responses

52 hours

Subpart F – Plans and Information Requirements

Two ** indicate the primary cites for Site Assessment Plans (SAPs), Construction and Operations Plans (COPs), and General Activities Plans (GAPs); and the burdens include any previous or subsequent references throughout part 585 to submission and approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 585.

0

** 600(a); 601(a), (b); 605 thru 614; 238; 810

Within time specified after issuance of a competitive lease or grant, or within time specified after determination of no competitive interest, submit copies of SAP, including required information to assist BOEM to comply with NEPA/CZMA such as hazard info, air quality, SEMS, and all required information, certifications, requests, etc., in format specified.

240

2 SAPs

480

** 600(b); 601(c), (d)(1); 606(b); 618; 620 thru 629; 632; 633; 810

If requesting an operations term for commercial lease, within time specified before the end of site assessment term, submit copies of COP, or FERC license application, including required information to assist BOEM to comply with NEPA/CZMA such as hazard info, air quality, SEMS, and all required information, surveys and/or their results, reports, certifications, project easements, supporting data and information, requests, etc., in format specified.

1,000

2 COPs

2,000

** 600(c); 601(a), (b); 640 thru 648; 651; 238; 810

Within time specified after issuance of a competitive lease or grant, or within time specified after determination of no competitive interest, submit copies of GAP, including required information to assist BOEM to comply with NEPA/CZMA such as hazard info, air quality, SEMS, and all required information, surveys and reports, certifications, project easements, requests, etc., in format specified.

240

2 GAP

480

**601(d)

(2); 622; 628(f); 632; 634; 658(c)(3); 907

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

50

1 revised or modified COP

50

6022

Until BOEM releases financial assurance, respondents must maintain, and provide to BOEM if requested, all data and information related to compliance with required terms and conditions of SAP, COP, or GAP.

2

9 records/ submissions

18

** 613(a), (d), (e); 617

Submit revised or modified SAPs and required additional information.

50

1 revised or modified SAP

50

612; 647

Submit copy of SAP or GAP consistency certification and supporting documentation, including noncompetitive leases.

1

2 leases

2

615(a)

Notify BOEM in writing within 30 days of completion of construction and installation activities under SAP.

1

2 notices

2

615(b)

Submit annual report summarizing findings from site assessment activities.

30

4 reports

120

615(c)

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

40

4 certifications

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

627(c)

Submit oil spill response plan as required by BSEE 30 CFR part 250.

193

1 submission

193

631

Request deviation from approved COP schedule.

2

1 request

2

633(b)

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

50

9 certifications

450

634(a)

Notify BOEM in writing before conducting any activities not approved or provided for in COP, and provide additional information if requested.

10

1 notice

10

635

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

1

1 notice

1

636(a)

Notify BOEM in writing no later than 30 days after commencing activities associated with placement of facilities on lease area.

1

2 notices

2

636(b)

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

1

2 notices

2

636(c)

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

1

1 notices

1

** 642(b); 648; 655; 658(c)(3)

Submit revised or modified GAPs and required additional information.

50

1 revised or modified GAP

50

651

Before beginning construction of OCS facility described in GAP, complete survey activities identified in GAP and submit initial findings. [This only includes the time involved in submitting the findings; it does not include the survey time as these surveys would be conducted as good business practice.]

30

2 surveys/ reports

60

653(a)

Notify BOEM in writing within 30 days of completing installation activities under the GAP.

1

2 notices

2

653(b)

Submit annual report summarizing findings from activities conducted under approved GAP.

30

4 reports

120

653(c)

Submit annual, or at other time periods as BOEM determines, GAP compliance certification, recommendations, reports, etc.

40

4 certifications

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

656

Notify BOEM any time approved GAP activities cease without an approved suspension.

1

1 notice

1

658(c)(1)

If after construction, cable or pipeline deviate from approved COP or GAP, notify affected lease operators and ROW/RUE grant holders of deviation and provide BOEM evidence of such notices.

3

1 notice/ evidence

3

659

Determine appropriate air quality modeling protocol, conduct air quality modeling, and submit 3 copies of air quality modeling report and 3 sets of digital files as supporting information to plans.

70

5 reports/ information

350

Subtotal

69 responses

4,789 hours

Subpart G – Facility Design, Fabrication, and Installation

Three *** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 585 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 585.

0

***700(a)

(1), (b), (c); 701

Submit Facility Design Report, including copies of the cover letter, certification statement, and all required information (1-3 paper or electronic copies as specified).

200

1 report

200

***700(a)

(2); (b), (c); 702

Submit copies of a Fabrication and Installation Report, certification statement and all required information, in format specified.

160

1 report

160

705(a)(3); 707; 712

Certified Verification Agent (CVA) conducts independent assessment of the facility design and submits copies of all reports/certifications to lessee or grant holder and BOEM -- interim reports if required, in format specified.

100

1 interim report

100

100

1 final report

100

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

CVA conducts independent assessments/inspections on the fabrication and installation activities, informs lessee or grant holder if procedures are changed or design specifications are modified; and submits copies of all reports/certifications to lessee or grant holder and BOEM -- interim reports if required, in format specified.

100

1 interim report

100

100

1 final report

100

***703; 705(a)(3); 712; 815

CVA/project engineer monitors major project modifications and repairs and submits copies of all reports/certifications to lessee or grant holder and BOEM -- interim reports if required, in format specified.

20

1 interim report

20

15

1 final report

15

705(c)

Request waiver of CVA requirement in writing; lessee must demonstrate standard design and best practices.

40

1 waiver

40

706

Submit for approval with SAP, COP, or GAP, initial nominations for a CVA or new replacement CVA nomination, and required information.

16

2 nominations

32

708(b)(2)

Lessee or grant holder notify BOEM if modifications identified by CVA/project engineer are accepted.

1

1 notice

1

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

Make fabrication quality control, installation towing, and other records available to CVA/project engineer for review (retention required by § 585.714).

1

3 records retention

3

713

Notify BOEM within 10 business days after commencing commercial operations.

1

1 notice

1

7142

Until BOEM releases financial assurance, compile, retain, and make available to BOEM and/or CVA the as-built drawings, design assumptions/ analyses, summary of fabrication and installation examination records, inspection results, and records of repairs not covered in inspection report. Record original and relevant material test results of all primary structural materials; retain records during all stages of construction.

100

1 lessee

100

Subtotal

17 responses

972 hours

Subpart H – Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs

801(c), (d)

Notify BOEM if endangered or threatened species, or their designated critical habitat, may be in the vicinity of the lease or grant or may be affected by lease or grant activities.

1

2 notices

2

801(e), (f)

Submit information to ensure proposed activities will be conducted in compliance with the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA); including agreements and mitigating measures designed to avoid or minimize adverse effects and incidental take of endangered species or critical habitat.

6

2 submissions

12

802; 902(e)

Notify BOEM of archaeological resource within 72 hours of discovery.

3

1 notice

3

802(b), (c)

If requested, conduct further archaeological investigations and submit report/information.

10

1 report

10

802(d)

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

.5

1 payment

1

803

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

15

2 survey/ report

30

***810; 614; 627; 632(b); 651

Submit safety management system description with the SAP, COP, or GAP.

35

2 submissions

70

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

1

1 written confirmation

1

813(b)(3)

Notify BOEM when equipment returned to service; provide written confirmation if reported orally.

.5

2 notices

1

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 report

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

822(a)(2) (iii), (b)

Maintain records of design, construction, operation, maintenance, repairs, and investigation on or related to lease or ROW/RUE area; make available to BOEM for inspection.

1

4 records retention

4

823

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

2

1 request

2

824(a) 2

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

24

2 plans

48

824(b)

Conduct annual self-inspection and submit report by November 1.

36

2 reports

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 BOEM upon request.

60

2 assessments / actions

120

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

Immediately report incidents to BOEM via oral communications, submit written follow-up report within 15 business days after the incident, and submit any required additional information.

Oral

.5

2 incidents

1

Written

4

1 incident

4

830(d)

Report oil spills as required by BSEE 30 CFR 250.

2

1 report

2

Subtotal

33 responses

388 hours

Subpart I – Decommissioning

Four **** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 585 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 585.

**** 902; 905, 906; 907; 908(c); 909

Submit for approval, in format specified, copies of the SAP, COP, or GAP decommissioning application and site clearance plan at least 2 years before decommissioning activities begin, 90 days after completion of activities, or 90 days after cancellation, relinquishment, or other termination of lease or grant. Include documentation of coordination efforts w/States/CZMA agencies, local or tribal governments, requests that certain facilities remain in place for other activities, be converted to an artificial reef, or be toppled in place. Submit additional information/evidence requested or modify and resubmit application.

20

1 application

20

902(d); 908;

Notify BOEM at least 60 days before commencing decommissioning activities.

1

1 notice

1

910

Within 60 days after removing a facility, verify to BOEM that site is cleared.

1

1 verification

1

912

Within 60 days after removing a facility, cable, or pipeline, submit a written report.

8

1 report

8

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

Subtotal

4 responses

30 hours

Subpart J – RUEs for Energy- and Marine-Related Activities Using Existing OCS Facilities

1004, 1005, 1006

Contact owner of existing facility and/or lessee of the area to reach preliminary agreement to use facility and obtain concurring signatures; submit request to BOEM for an alternative use RUE, including all required information/modifications.

1

1 request

1

1007(a), (b), (c)

Submit indication of competitive interest in response to Federal Register notice.

4

1 submission

4

1007(c)

Submit description of proposed activities and required information in response to Federal Register notice of competitive offering.

5

1 submission

5

1007(f)

Lessee or owner of facility submits decision to accept or reject proposals deemed acceptable by BOEM.

1

1 submission

1

1010(c)

Request renewal of Alternate Use RUE.

6

1 request

6

1012; 1016(b)

Provide financial assurance as BOEM determines in approving RUE for an existing facility, including additional security if required.

1

1 submission

1

1013

Submit request for assignment of an alternative use RUE for an existing facility, including all required information.

1

1 request

1

1015

Request relinquishment of RUE for an existing facility.

1

1 request

1

Subtotal

8 responses

20 hours

Total Burden

265 Responses

18,783 Hours

$3,816,000 Non-Hour Cost Burdens

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

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


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


The average respondent cost is $91 (rounded)/hour. This cost is broken out in the below table using the Bureau of Labor Statistics data for the 2018 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* (11-0000)

$67

$94

19%

$18

Oceanographer* (11-0000)

$67

$94

15%

$14

GIS Specialist (15-0000)

$44


$62

7%

$4

Lawyer (23-1011)

$89

$125

9%

$11

Geophysicist/Geologist* (11-0000)

$67

$94

10%

$9

Engineer (17-2000)

$48

$67

10%

$7

Disciplinary/Various (11-0000)

$67

$94

30%

$28

Weighted Average ($/hour)

$91

* Management, Professional, Related.

** A multiplier of 1.4 (as implied by BLS news release, USDL 19-0449, March 19, 2019) was added for benefits. The website is http://www.bls.gov/news.release/pdf/ecec.pdf).


Based on a cost factor of $91 per hour (rounded), we estimate the hour burden as a $ equivalent to industry is $1,709,253 ($91 x 18,783 hours = $1,709,253).



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


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


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


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


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

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


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


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


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


The average government cost is $89/hour. This cost is broken out in the below table using the Office of Personnel Management Salary Table 2019 General Schedule Locality Pay Tables (WASHINGTON-BALTIMORE-ARLINGTON, DC-MD-VA-WV-PA. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2019/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

$54

$86

9%

$8

Biologist, Fish/Benthic

GS-13/05

$54

$86

10%

$9

Archeologist

GS-13/05

$54

$86

9%

$8

Air Quality Specialist

GS-14/05

$64

$102

6%

$6

Social Scientist/Economist

GS-13/05

$54

$86

13%

$11

Oceanographer

GS-13/05

$54

$86

24%

$21

CZM Specialist

GS-14/05

$64

$102

8%

$8

GIS Specialist

GS-12/05

$44

$70

6%

$4

Attorney

GS-14/05

$64

$102

4%

$4

Geophysicist/Geologist

GS-13/05

$54

$86

5%

$4

Engineer

GS-14/05

$64

$102

6%

$6

Weighted Average ($/hour)

$89

* The government cost is based on Washington, DC, 2019 pay scale.

** A multiplier of 1.6 (as implied by BLS news release, USDL-19-0449, March 19, 2019) 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 $89 (rounded up) per hour, the total gross cost to the Government is $1,671,687 (18,783 hours x 1 = 18,783 hours x $89 = $1,671,687). We anticipate that this will vary a great deal, depending on the project and the amount of NEPA and other work that is involved. Also, a different level of work will be necessary depending on the type of project (i.e., wind, wave or current, or reuse of a facility). As we gain experience and knowledge the staff time involved will change.


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


The currently approved hour burden for this ICR is 25,688 hours. With this submission, we are requesting a total of 18,783 hours. This represents an adjustment decrease of 6,905 hours. There is no change in the non-hour cost burden.


The following is an explanation of the reasons, both regulatory and discretionary, why the annual burden hours decreased:


1.      BOEM concludes that for the current §585.111(b)(3) the 2016 OMB approved number of burden hours for the studies were overestimated.  BOEM is proposing to cut the numbers by 1/3 from 19,000 annual burden hours to 12,000 annual burden hours (-7,000 hours).


2.     BOEM concludes that the current §585.113(b) is not an actual collection of information, but falls under the Freedom of Information Act (5 U.S.C. 552).  Therefore, BOEM would remove four hours of annual burden hours from OMB control number 1010-0176 (-4 hours).


3.     BOEM identified areas where burden hours in the 2016 OMB approval are considered exclusions to the regulatory definition of “information” under the Paperwork Reduction Act.  The following regulation; §585.116 (-100 hours) is a request for information which would be excluded under 5 C.F.R. 1320.3(h)(4) (-100 hours).


4.     The requirement for §585.238 is related to submissions of request for renewable energy research lease.  In the past, BOEM did not specifically account for related burden hours.  For research requests relating to supporting future production, transportation, or transmission of renewable energy, BOEM estimates the annual burden hour of 4 hours. (+4 hours). 


5.  For §585.627(c) and §585.830(d), BOEM previously did not count the annual burden hours for oil spill response plans.  Oil spill response plans were assumed to be covered under BSEE regulations (30 CFR 254), which is not the case.  This activity is under 33 U.S.C. 1321, and therefore BOEM will increase annual burden hours by 193 hours (+193 hours) for §585.627(c) and 2 hours (+2 hours) for §585.830(d).


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.”

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