Published 30-day FRN (87 FR 63519)

1018-0162 30-day FRN Published 10192022 87FR63519.pdf

Management of Non-Federal Oil and Gas Rights, 50 CFR 29, Subpart D

Published 30-day FRN (87 FR 63519)

OMB: 1018-0162

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(5) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
chapter 35.
Colette Pollard,
Department Reports Management Officer,
Office of Policy Development and Research,
Chief Data Officer.
[FR Doc. 2022–22681 Filed 10–18–22; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–NWRS–2022–N051;
FXRS12610900000–223–FF09R24000; OMB
Control Number 1018–0162]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Non-Federal Oil and Gas
Operations on National Wildlife Refuge
System Lands
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing to revise an
existing collection of information.
DATES: Interested persons are invited to
submit comments on or before
November 18, 2022.

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SUMMARY:

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Send your comments on the
information collection request (ICR)
before the close of the comment period
listed under DATES to https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function. Please
provide a copy of your comments to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike,
MS: PRB (JAO/3W), Falls Church, VA
22041–3803 (mail); or by email to Info_
[email protected]. Please reference OMB
Control Number 1018–0162 in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
[email protected], or by telephone at (703)
358–2503. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States. You may
also view the ICR at https://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act (PRA, 44 U.S.C. 3501 et
seq.) and its implementing regulations
at 5 CFR 1320.8(d)(1), all information
collections require approval under the
PRA. We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid OMB control
number.
On January 27, 2022, we published in
the Federal Register (87 FR 4275) a
notice of our intent to request that OMB
approve our proposed revision to this
information collection. In that notice,
we solicited comments for 60 days,
ending on March 28, 2022. In an effort
to increase public awareness of, and
participation in, our public commenting
processes associated with information
collection requests, the Service also
published the Federal Register notice
on https://www.regulations.gov (Docket
FWS–HQ–NWRS–2021–0155) to
provide the public with an additional
method to submit comments (in
addition to the typical Info_Coll@
fws.gov email and U.S. mail submission
methods). We received the following
four comments in response to this
notice:
ADDRESSES:

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63519

Comment 1: Email from Jean Public,
received 01/30/2022:
The commenter states it is
unnecessary to lease oil and gas
resources on public lands.
Agency Response to Comment 1: The
commenter did not address the
information collection requirements. No
response required.
Comment 2: Anonymous electronic
comment via https://
www.regulations.gov (FWS–HQ–NWRS–
2021–0155–0002), received on 02/02/
2022:
The commenter recommends that no
permits be issued.
Agency Response to Comment 2: The
commenter did not address the
information collection requirements. No
response required.
Comment 3: Anonymous electronic
comment via https://
www.regulations.gov (FWS–HQ–NWRS–
2021–0155–0003), received on 03/01/
2022:
The commenter recommends stopping
all oil and gas production on public
lands.
Agency Response to Comment 3: The
commenter did not address the
information collection requirements. No
response required.
Comment 4: Anonymous electronic
comment via https://
www.regulations.gov (FWS–HQ–NWRS–
2021–0155–0004), received on 03/23/
2022:
The commenter recommends banning
fossil fuel production on public lands.
Agency Response to Comment 4: The
commenter did not address the
information collection requirements. No
response required.
On June 1, 2022, we published a
second Federal Register notice (87 FR
33200), notifying the public of our
intent to request that OMB approve this
information collection. This notice
solicited comments for an additional 60
days, ending on August 1, 2022. We also
described additional revisions identified
since the publication of the January 27,
2022. The Service also published this
Federal Register notice on https://
www.regulations.gov (Docket FWS–HQ–
NWRS–2022–0063), to provide the
public with an additional method to
submit comments (in addition to the
typical [email protected] email and
U.S. mail submission methods). We
received the following four comments in
response to this notice:
Comment 5: Anonymous electronic
comment via https://
www.regulations.gov (FWS–HQ–NWRS–
2022–0063–0002), received on 05/31/
2022:

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63520

Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices

The commenter states that it is
unnecessary to develop oil and gas
resources on public lands.
Agency Response to Comment 5: The
commenter did not address the
information collection requirements. No
response required.
Comment 6: Electronic comment via
https://www.regulations.gov (FWS–HQ–
NWRS–2022–0063–0003) from Jean
Public, received on 06/01/2022:
The commenter opposes developing
oil and gas resources on public lands.
Agency Response to Comment 6: The
commenter did not address the
information collection requirements. No
response required.
Comment 7: Anonymous electronic
comment via https://
www.regulations.gov (FWS–HQ–NWRS–
2022–0063–0004), received on 06/23/
2022.
The commenter supports moving the
information collection to an electronic
format.
Agency Response to Comment 7: With
this submission, we are moving toward
a format that allows users to submit
information collection requirements via
an electronic format (automation of
FWS Form 3–2469 on the Service’s
ePermits platform).
Comment 8: Anonymous electronic
comment via https://
www.regulations.gov (FWS–HQ–NWRS–
2022–0063–0005), received on 06/27/
2022:
The commenter recommends
nationalizing the oil and gas industry.
Agency Response to Comment 8: The
commenter did not address the
information collection requirements. No
response required.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again inviting the
public and other Federal agencies to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;

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(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be
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.
Abstract: The authority of the Service
to regulate non-Federal oil and gas
operations on National Wildlife Refuge
System (NWRS) lands is broadly
derived from the Property Clause of the
U.S. Constitution (art. IV, sec. 3), in
carrying out the statutory mandates of
the Secretary of the Interior, as
delegated to the Service, to manage
Federal lands and resources under the
National Wildlife Refuge System
Administration Act (NWRSAA), as
amended by the National Wildlife
Refuge System Improvement Act
(NWRSIA; 16 U.S.C. 668dd et seq.), and
to specifically manage species within
the NWRS under the provisions of
numerous statutes, the most notable of
which are the Migratory Bird Treaty Act
(MBTA; 16 U.S.C. 715 et seq.), the
Endangered Species Act (ESA; 16 U.S.C.
1531 et seq.), and the Fish and Wildlife
Act of 1956 (FWA; 15 U.S.C. 742f).
The Service’s regulations at 50 CFR
part 29, subpart D provide for the
continued exercise of non-Federal oil
and gas rights while avoiding or
minimizing unnecessary impacts to
national wildlife refuge resources and
uses. Other land management agencies
have regulations that address oil and gas
development, including the Department
of the Interior’s National Park Service
and Bureau of Land Management, and
the U.S. Department of Agriculture’s
Forest Service. These agencies all
require the submission of information
similar to the information requested by
the Service.
The collection of information is
necessary for the Service to properly
balance the exercise of non-Federal oil

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and gas rights within national wildlife
refuge boundaries with the Service’s
responsibility to protect wildlife and
habitat, water quality and quantity,
wildlife-dependent recreational
opportunities, and the health and safety
of employees and visitors on NWRS
lands.
The information collected under 50
CFR part 29, subpart D identifies the
owner and operator (the owner and
operator can be the same) and details
how the operator may access and
develop oil and gas resources. It also
identifies the steps the operator intends
to take to minimize any adverse impacts
of operations on refuge resources and
uses. No information is submitted
unless the operator wishes to conduct
oil and gas operations.
We use the information collected to
(1) evaluate proposed operations; (2)
ensure that all necessary mitigation
measures are employed to protect
national wildlife refuge resources and
values; and (3) ensure compliance with
all applicable laws and regulations,
including the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) and
its regulations (40 CFR parts 1500–
1508), and the NWRSAA, as amended
by the NWRSIA, and to specifically
manage species within the NWRS under
the provisions of numerous statutes, the
most notable of which are the MBTA,
the ESA, the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.),
and the FWA.
Proposed Revisions
Automation of Application Form via
ePermits
With this submission, we are
proposing to automate FWS Form 3–
2469 in the Service’s ePermits system,
an automated permit application system
that allows the agency to move towards
a streamlined permitting process to
reduce public burden. Public burden
reduction is a priority for the Service;
the Assistant Secretary for Fish,
Wildlife, and Parks; and senior
leadership at the Department of the
Interior. The intent of ePermits is to
fully automate the permitting process to
improve the customer experience and to
reduce time burden on respondents.
This system enhances the user
experience by allowing users to enter
data from any device that has internet
access, including personal computers
(PCs), tablets, and smartphones. It also
provides the permit applicant with a
link to pay associated permit
application fees via the Pay.gov system.

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Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices
Financial Assurances Costs
With this submission, we will seek
OMB approval of the costs associated
with the financial assurances
requirements as they are required per
regulations contained in 50 CFR
29.103(b) and 50 CFR 29.150. These
costs were inadvertently overlooked
with previous submissions for this
collection of information, so at this time
we are bringing this requirement into
compliance with the PRA as an annual
non-hour burden cost. The estimated
annual non-hour cost burden associated
with the required financial assurances is
captured below under ‘‘Total Estimated
Annual Non-Hour Burden Cost.’’
Proposed Changes to Application Form
(FWS Form 3–2469)
We propose several changes to the
existing FWS Form 3–2469 to improve
the user collection experience and our
internal processing requirements:
(1) Under the ‘‘Type of Permit’’ on
page 1, we are adding these categories:
a. ‘‘New’’—Used by operators
applying for a new permit to operate
where no existing Form 3–2469 permit
exists;

b. ‘‘Renewal’’—Used by operators
with a currently approved permit to
renew the operation without any
substantial changes;
c. ‘‘Amendment’’—Used by an
operator with an existing Form 3–2469
approved permit to amend their
operations; and
d. ‘‘Extension’’—Used by an operator
with an existing Form 3–2469 approved
permit to request an extension to one of
its conditions (e.g., extend the shut-in
status of a well).
(2) Under the ‘‘Production
Operations’’ on page 1, we are adding
these subcategories:
a. ‘‘Maintenance’’—Used for
maintenance actions (e.g., need to bring
in a workover rig);
b. ‘‘Plugging’’—Used with plugging
and abandoning of a well; and
c. ‘‘Reclamation’’—Used with all
activities remove contaminated soils,
equipment, pipe, etc., and restore the
site to its original contours and
vegetation.
(3) Under the ‘‘Contact Information’’
in part 1 (on page 2), we propose to add
two new questions:
a. ‘‘Tax Identification Number’’; and

Estimated
number of
annual
responses

Activity/requirement

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b. ‘‘Do you have operations on other
refuges? If so, provide the names of
those refuges.’’
(4) Administrative corrections:
a. We corrected the control number in
the ‘‘Paperwork Reduction Act
Statement’’; and
b. We updated the mail stop in the
‘‘Estimated Burden Statement.’’
Title of Collection: Non-Federal Oil
and Gas Operations on National
Wildlife Refuge System Lands, 50 CFR
29, Subpart D.
OMB Control Number: 1018–0162.
Form Number: FWS Form 3–2469.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Businesses that conduct oil and gas
exploration on national wildlife refuges.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Non-hour
Burden Cost: $2,250,000 (associated
with the new information collection for
financial assurances).

Preexisting Operations (§ 29.61) .................................................................................................
Temporary Access Permit Application (§ 29.71) Hard Copy .......................................................
Temporary Access Permit Application (§ 29.71) ePermits ..........................................................
Accessing Oil and Gas Rights from Non-Federal Surface Location (§ 29.80) ...........................
Pre-application Meeting for Operations Permit (§ 29.91) ............................................................
Operations Permit Application (§§ 29.94–29.97) Hard Copy ......................................................
Operations Permit Application (§§ 29.94–29.97) ePermits .........................................................
Financial Assurance (§§ 29.103(b), 29.150) ................................................................................
Identification of Wells and Related Facilities (§ 29.119(b)) .........................................................
Reporting (§ 29.121):
Third-Party Monitor Report (§ 29.121(b)) .............................................................................
Notification—Injuries/Mortality to Fish and Wildlife and Threatened/Endangered Plants
(§ 29.121(c)) ......................................................................................................................
Notification—Accidents involving Serious Injuries/Death and Fires/Spills (§ 29.121(d)) .....
Written Report—Accidents Involving Serious Injuries/Deaths and Fires/Spills
(§ 29.121(d)) ......................................................................................................................
Report—Verify Compliance with Permits (§ 29.121(e)) .......................................................
Permit Modifications (§ 29.160(a)) ...............................................................................................
Notification—Chemical Disclosure of Hydraulic Fracturing Fluids uploaded to FracFocus
(§ 29.121(f)) ..............................................................................................................................
Change of Operator § 29.170:
Transferring Operator Notification ........................................................................................
(§ 29.170) ..............................................................................................................................
Extension to Well Plugging (§ 29.181(a)).
Application for Permit Hard Copy .........................................................................................
Application for Permit ePermits ............................................................................................
Modification Hard Copy ........................................................................................................
Modification ePermits ...........................................................................................................
Acquiring Operator’s Requirements for Wells Not Under a Service Permit (§ 29.171(a))
Hard Copy .........................................................................................................................
Acquiring Operator’s Requirements for Wells Not Under a Service Permit (§ 29.171(a))
ePermits ............................................................................................................................
Acquiring Operator’s Acceptance of an Existing Permit (§ 29.171(b)) ................................
Public Information (§ 29.210):
Affidavit in Support of Claim of Confidentiality (§ 29.210(c) and (d)) ..................................
Confidential Information (§ 29.210(e) and (f)) ......................................................................
Maintenance of Confidential Information (§ 29.210(h)) ........................................................

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Completion
time per
response
(hours)

Estimated
total annual
burden hours

40
18
18
5
45
23
23
45
45

50
17
12.75
1
2
140
105
1
2

2,000
306
230
5
90
3,220
2,415
45
90

300

17

5,100

20
20

1
1

20
20

20
240
10

16
4
16

320
960
160

5

1

5

20

8

160

5
5
3
3

140
105
16
12

700
525
48
36

10

40

400

10
1

30
8

300
8

1
1
1

1
1
1

1
1
1

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Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices
Estimated
number of
annual
responses

Activity/requirement

Estimated
total annual
burden hours

Generic Chemical Name Disclosure (§ 29.210(i)) ................................................................

1

1

1

Totals .............................................................................................................................

938

........................

17,167

An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2022–22678 Filed 10–18–22; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[2231A2100DD/AAKC001030/
A0A501010.999900]

Notice of Deadline for Submitting
Completed Applications To Begin
Participation in the Tribal SelfGovernance Program in Fiscal Year
2024 or Calendar Year 2024
Bureau of Indian Affairs,
Interior.
ACTION: Notice of application deadline.
AGENCY:

In this notice, the Office of
Self-Governance (OSG) establishes a
March 1, 2023, deadline for Indian
tribes/consortia to submit completed
applications to begin participation in
the tribal self-governance program in
fiscal year (FY) 2024 or calendar year
(CY) 2024.
DATES: Completed application packages
must be received by the Director, Office
of Self-Governance, by March 1, 2023.
ADDRESSES: Application packages for
inclusion in the applicant pool should
be sent to Sharee M. Freeman, Director,
Office of Self-Governance, Department
of the Interior, Mail Stop 3624–MIB,
1849 C Street NW, Washington, DC
20240.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:
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Completion
time per
response
(hours)

Vickie Hanvey, Office of Self
Governance, Telephone (918) 931–0745.
SUPPLEMENTARY INFORMATION: Under the
Tribal Self-Governance Act of 1994
(Pub. L. 103–413), as amended by the
‘‘Practical Reforms and Other Goals to
Reinforce the Effectiveness of SelfGovernance and Self-Determination Act

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of 2019–2020’’ or the ‘‘PROGRESS for
Indian Tribes Act’’, section 402(b)(1)(A),
the Secretary, acting through the
Director of the Office of SelfGovernance, may select not more than
50 new Indian Tribes per year from
those eligible tribes. The March 1, 2023,
application deadline is predicated upon
providing the parties enough time to
complete funding agreement
negotiations in advance of the FY or CY
start date of the 2024 funding
agreement. The Act mandates that
copies of the funding agreements be sent
at least 90 days before the proposed
effective date to each Tribe that is
served by the Bureau of Indian Affairs’
agency that is serving the Tribe that is
a party to the funding agreement. Initial
negotiations with a Tribe/consortium
located in a region and/or agency which
has not previously been involved with
self-governance negotiations will take
approximately two months from start to
finish. Agreements for an October 1 to
September 30 funding year need to be
signed and submitted by July 1, 2023.
Agreements for a January 1 to December
31 calendar year need to be signed and
submitted by October 1, 2023.

governance agreements with any
Federal agency.
An Indian Tribe seeking to begin
participation in self-governance shall
complete the planning phase. The
planning phase shall:
(A) be conducted to the satisfaction of
the Indian Tribe; and
(B) include:
(i) legal and budgetary research; and
(ii) internal Tribal governing
planning, training, and organizational
preparation.
Applicants should be guided by the
referenced requirements in preparing
their applications to begin participation
in the tribal self-governance program in
fiscal year 2024 or calendar year 2024.
Copies of these requirements may be
obtained from the information contact
person identified in this notice.
Tribes/consortia wishing to be
considered for participation in the tribal
self-governance program in fiscal year
2024 or calendar year 2024 must
respond to this notice, except for those
tribes/consortia which are one of the
137 tribal entities with signed selfgovernance agreements.

Purpose of Notice

This information collection is
authorized by OMB Control Number
1076–0143, Tribal Self-Governance
Program, which expires October 31,
2022.

The regulations at 25 CFR 1000.10 to
1000.31 have been modified by section
201 of the newly enacted ‘‘Practical
Reforms and Other Goals to Reinforce
the Effectiveness of Self-Governance
and Self-Determination’’ (PROGRESS)
Act as follows:
Section 201. Definitions; reporting
and audit requirements; application of
programs.
To be eligible to participate in selfgovernance, an Indian Tribe shall:
(1) successfully complete the
planning phase described in subsection
(d);
(2) request participation in selfgovernance by resolution or other
official action by the Tribal governing
body; and
(3) demonstrate for the 3 fiscal years
preceding the date on which the Tribe
requests participation, fiscal stability
and financial management capability as
evidenced by the Indian Tribe having no
uncorrected significant and internal
audit exceptions in the required annual
audit of its self-determination or self-

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Information Collection

Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2022–22668 Filed 10–18–22; 8:45 am]
BILLING CODE 4337–15–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWY950000, L71220000.EU0000,
LVTFK2199200, WYW168207]

Notice of Realty Action; NonCompetitive (Direct) Sale of Public
Land in Fremont County, Wyoming
Bureau of Land Management,
Department of the Interior.
ACTION: Notice of realty action.
AGENCY:

The Bureau of Land
Management (BLM) proposes a noncompetitive (direct) sale of 24.79 acres

SUMMARY:

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