1014-0034 SS 2023 adding Form BSEE-1835 NONC

Supporting Statement A

30 CFR Part 285, Renewable Energy and Alternate Uses of Existing

Facilities on the Outer Continental Shelf

Form BSEE-1835 Notice(s) of Noncompliance (NONCs)

OMB Control Number 1014-0034

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.

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. 1334), authorizes the Secretary of the Interior to prescribe rules and regulations necessary for the administration of the leasing provisions of that Act related to mineral resources on the OCS. Such rules and regulations will apply to all operations conducted under a lease, right-of-way, or a right-of-use and easement. Operations on the OCS must preserve, protect, and develop energy from sources other than oil and gas in a manner that is consistent with the need to make such resources available to meet the Nation’s energy needs as rapidly as possible; to balance orderly energy resource development with protection of human, marine, and coastal environments; to ensure the public a fair and equitable return on the resources of the OCS; and to preserve and maintain free enterprise competition.

The authority for 30 CFR Part 285, Renewable Energy and Alternate Uses of Existing

Facilities on the Outer Continental Shelf, derives from amendments to section 8 of the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1337), as set forth in section 388(a) of the Energy Policy Act of 2005 (EPAct) (Pub. L.109-58). The Secretary of the Interior delegated to the Bureau of Safety and Environmental Enforcement (BSEE) the authority to regulate certain activities under section 388(a) of the EPAct. These regulations specifically apply to activities that: (a) Produce or support production, transportation, or transmission of energy from sources other than oil and gas; or (b) Use, for energy-related purposes or for other authorized marine-related purposes, facilities currently or previously used for activities authorized under the OCS Lands Act.

This authority and responsibility are among those delegated to BSEE. The regulations at 30 CFR 285, and associated form concern compliance, management, and oversight of the development of energy from sources other than oil and gas and are the subject of this collection; and related Notices to Lessees and Operators (NTLs) that BSEE issues to clarify, supplement, or provide additional guidance on some aspects of our regulations. Please see A.12 for a full breakout of the specific information collection.

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.]

BSEE will use the information to oversee facility design, fabrication, installation, and safety management systems; ensure the safety of operations, including inspection programs and incident reporting and investigations; enforce compliance with all applicable safety, environmental, and other laws and regulations through enforcement actions (such as noncompliance notices, cessation orders, and certain lease suspensions); and oversee decommissioning activities. These responsibilities include enforcement provisions under the existing part 285Subpart D, various information submittal requirements under Subpart F, as well as provisions governing activities conducted under an approved plan, including the design, construction, operation, and decommissioning of facilities under Subparts G, H, and I. The requirements for and standards of review regarding the Facility Design Report (FDR) and Facility Fabrication and Installation Report (FIR) are unchanged: the FDR and FIR will continue to be evaluated for consistency with the Construction and Operations Plan (COP) and applicable engineering standards. Decommissioning requirements related to rights-of-use and easement for alternate uses of existing OCS facilities (Alternate Use RUE) have also been transferred from the existing Subpart J to part 285.

BSEE assumes the responsibility for ordering a lease or grant suspension when continued activities pose an imminent threat of serious or irreparable harm or damage to natural resources, life, property, the marine coastal, or human environment, or sites, structures, or objects of historical or archaeological significance. BSEE may also order a suspension when necessary to comply with a judicial decree. Under the rule, BSEE also assumes authority to issue cessation orders to address noncompliance on the part of the grantee or lessee.

The Department does not issue Suspensions for Alternate Use RUEs upon the grantee’s request, but only by order. BOEM will retain authority to order suspensions required for National security, and BSEE will assume authority to order suspensions to address a threat of harm from continued operations. Either bureau may order a suspension when necessary to comply with a judicial decree. BSEE will order suspensions when operations are halted on the existing facility and BSEE determines continuation of the alternate use is unsafe or causes undue interference with the facility.

Part 285 Subpart D, Lease and Grant Administration, includes the authority to issue notices of noncompliance (NONCs) and cessation orders, and to pursue civil penalties and recommend criminal penalties. BSEE assumes authority for oversight and enforcement of the design, construction, operation, and decommissioning phases of offshore wind development, as well as enforcement of requirements related to Alternate Use RUEs.

This ICR includes a new form:

Form BSEE-1835, Notification of Noncompliance (NONC).

BSEE will use the information to determine that respondents have corrected all Notifications of Noncompliance (NONCs) identified during inspections. Everything on the NONC form is filled out by a BSEE inspector/representative. The only thing industry does with this form is sign the document upon receipt and respond to BSEE when each NONC has been corrected. Dependent on the severity of the non-compliance identified by the BSEE inspector, the responses are assigned different intervals and are described in the form table titled Enforcement Timeline:

1 – At Time of Inspection

14 – Within 14 Days

30 – Within 30 Days

50 – Prior to Returning to Service / Operation

60 – Prior to Next Scheduled Maintenance

70 – During Next Scheduled Maintenance

80 – Prior to Next scheduled Audit

90 – During Next Scheduled Audit

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 BSEE. 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.

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

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

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

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 285 is specific to the administration of regulations that oversee facility design, fabrication, installation, and safety management systems; ensure the safety of operations, including inspection programs and incident reporting and investigations; enforce compliance with all applicable safety, environmental, and other laws and regulations through enforcement actions (such as noncompliance notices, cessation orders, and certain lease suspensions); and oversee decommissioning activities, or a particular request for BSEE approval and is unique to site operations.

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.

BSEE will pay respondents if they request reimbursement for food, quarters, or transportation they provide BSEE representatives (§ 285.823) 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, BSEE could not carry out the mandate of the OCS Lands Act, as amended by the EPAct. For instance, BSEE would not have the information to make informed decisions on facility design, construction, operations and maintenance, modifications, or decommissioning activities; to ensure safety and environmental protection during OCS operations. BSEE could not enforce its regulatory obligations and maintain compliance programs critical to oversight and enforcement of the safe and environmental development of energy from sources other than oil and gas. 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.

Under §§ 285.105(c), 285.636(c), 285.713, 285.802, 285.813(b)(1), 285.831, and 285.833 in which BSEE requires a response in fewer than 30 days during offshore renewable energy activities. The specified response time periods are not unreasonable in these instances and ensure safety and enforcement, and timely approvals.

(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, it is important that these records be available for BSEE 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.

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

(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.

(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.

Not applicable in this collection.

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), BSEE provided a 60-day notice in the Federal Register on July 13, 2023 (88 FR 44834). In addition, 30 CFR 285.114 explains that BSEE will accept comments at any time on the information collected and the burden. We display the OMB control number and provide the address for sending comments to BSEE. We received no comments in response to the Federal Register notice.

Because this form is not to be filled out by Industry Representative but by BSEE inspectors, we did not reach out for consultation.

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

BSEE will pay respondents if they request reimbursement for food, quarters, or transportation they provide BSEE representatives (§ 285.823) 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.

BSEE 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 285.113.

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 and are required to obtain or retain a benefit. Refer to the following table for a breakout of the hour burden. The table also includes several non-hour cost burdens described in item A.13.

Citations in 30 CFR 285	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 BSEE approval—burdens covered under specific requirements.
103; 904;	Request general departures not specifically covered elsewhere in part 285.	.5		6 requests	3
105(c)	Make oral requests or notifications and submit written follow up within 3 business days not specifically covered elsewhere in part 285.	1		2 requests	2
1016	Request reconsideration and/or hearing.	Requirement not considered IC under 5 CFR 1320.3(h)(9).			0
111(b)(3); (b)(5); (b)(6)	Within 30 days of receiving bill, submit processing fee payments for BSEE document or study preparation to process applications and other requests.	.5		2 submissions	1
				2 payments x $4,000 = $8,000
111(b)(2), (3)	Submit comments on proposed processing fee or request approval to perform or directly pay contractors for all or part of any document, study, or other activity, to reduce BSEE processing costs.	2		2 requests	4
111(b)(3)	Perform, conduct, develop, etc., all or part of any document, study, or other activity; and provide results to BSEE to reduce BSEE processing fee. Pay processing fee for all or part of any document, study, or other activity, and provide results to BSEE to reduce BSEE processing costs.	6,000		1 submission	6,000
				1 contractor payment x $950,000 = $950,000
111(b)(7)	Appeal BSEE estimated processing costs, decisions, or orders pursuant to 30 CFR 290.	Exempt under 5 CFR 1320.4(a)(2), (c).			0
115	Request approval to use later edition of a document incorporated by reference or alternative compliance.	1	1 request		1
118	Request appeal within 15 days of bid rejection, request reconsideration of bid decision or rejection.	Requirement not considered IC under 5 CFR 1320.3(h)(9).			0
Subpart B – Reserved
Subpart C – Reserved
Subpart D – Lease and Grant Administration
400; 401; 402 NONCs	These sections contain references to information submissions, approvals, requests, applications, plans, payments, etc., the burdens for which are covered elsewhere in part 285.				0
401(b)	Take measures directed by BSEE in cessation order and submit reports to resume activities.	100	1 report		100
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.	110	1 study / submission		110
			1 study x $950,000 = $950,000
437	Provide information for reconsideration of BSEE decision to contract or cancel lease or grant area.	Requirement not considered IC under 5 CFR 1320.3(h)(9).			0
Subpart E – Reserved
Subpart F – Plans and Information Requirements
** indicate the primary cites for Site Assessment Plans (SAPs), Construction and Operations Plans (COPs), and General Activities Plans (GAPs); and the burdens include any previous or subsequent references throughout part 285 to submission and approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.
**606; 614; 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 BSEE to comply with NEPA/CZMA such as hazard info, air quality, SMS, and all required information, certifications, requests, etc., in format specified.	48	2 SAPs		96
**621; 632; 637; 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 BSEE to comply with NEPA/CZMA such as hazard info, air quality, SMS, and all required information, surveys and/or their results, reports, certifications, project easements, supporting data and information, requests, etc., in format specified.	200	2 COPs		400
**641; 651; 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 BSEE to comply with NEPA/CZMA such as hazard info, air quality, SMS, and all required information, surveys and reports, certifications, project easements, requests, etc., in format specified.	48	2 GAPs		96
**632(c); 907	Submit revised or modified COPs, including project easements, and all required additional information.	10	1 revised or modified COP		10
602	Until BSEE releases financial assurance, respondents must maintain, and provide to BSEE if requested, all data and information related to compliance with required terms and conditions of SAP, COP, or GAP. 2	2	9 records/ submissions		18
615; 800(b)	Submit annual, or at other time periods as BSEE determines, SAP compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.	40	4 certifications		160
633; 800(b)	Submit annual, or at other time periods as BOEM/BSEE determines, COP compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.	45	9 certifications		405
636(a)	Notify BSEE in writing no later than 30 days after commencing activities associated with placement of facilities on lease area.	1	2 notices		2
636(b)	Notify BSEE in writing no later than 30 days after completion of construction and installation activities.	1	2 notices		2
636(c)	Notify BSEE in writing at least 7 days before commencing commercial operations.	1	1 notice		1
651	Before beginning construction of OCS facility described in GAP, demonstrate operational SMS identified in GAP, submit initial findings.	27.5	2 notices		55
653(a), (b); 800(b)	Submit annual, or at other time periods as BSEE determines, GAP compliance certification, recommendations, reports, etc.	40	4 certifications		160
Subpart G – Facility Design, Fabrication, and Installation
*** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 285 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.
***700(a) (1), (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), (c); 702	Submit Fabrication and Installation Report, including copies of the cover letter, certification statement, and all required information, in format specified.	160	1 report		160
705(a); 707(a); 712	Certified Verification Agent (CVA) conducts independent assessment of the facility design and submits copies of all reports/certifications to lessee or grant holder and BSEE -- interim reports if required, in format specified.	100	1 interim report		100
		100	1 final report		100
705(a); 707(b); 708; 709; 710; 712; 637	CVA conducts independent assessments/inspections on the fabrication and installation activities, informs lessee or grant holder if procedures are changed or design specifications are modified; and submits copies of all reports/certifications to lessee or grant holder and BSEE -- interim reports if required, in format specified.	100	1 interim report		100
		100	1 final report		100
***703; 705(a); 712; 815	CVA/project engineer monitors major project modifications and repairs and submits copies of all reports/certifications to lessee or grant holder and BSEE -- interim reports if required, in format specified.	20	1 interim report		20
		15	1 final report		15
705(b), (c)	Request waiver of CVA requirement in writing; lessee must demonstrate standard design and best practices.	16	1 waiver		16
706	Submit for approval with SAP, COP, or GAP, initial nominations for a CVA or new replacement CVA nomination and required information.	6.5	2 nominations		13
708(b)(2)	Notify BSEE if modifications identified by CVA/project engineer are accepted.	1	1 notice		1
709(a); 710	Make fabrication quality control, installation towing, and other records available to CVA/project engineer for review (retention required by § 285.714).	1	3 records		3
713	Notify BSEE within 10 business days after commencing commercial operations.	1	1 notice		1
714; 703(b)	Until BOEM releases financial assurance, compile, retain, and make available to BSEE and/or CVA the as-built drawings, design assumptions/ analyses, summary of fabrication and installation examination records, inspection results, and records of repairs not covered in inspection report. Record original and relevant material test results of all primary structural materials; retain records during all stages of construction. 2	100	1 lessee		100
Subpart H – Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs
802(a); 902(e)	Notify BSEE of archaeological resource within 72 hours of discovery.	3	1 notice		3
802(d)	If applicable, submit payment for BSEE costs in carrying out National Historic Preservation Act responsibilities.	.5	1 payment		1
810; 614(b); 632(b); 651	Submit safety management system description with the SAP, COP, or GAP.	30	2 submissions		60
813(b)(1)	Report within 24 hours when any required equipment taken out of service for more than 12 hours; provide written confirmation if reported orally.	.5	2 reports		1
		1	1 written confirmation		1
813(b)(3)	Notify BSEE when equipment returned to service; provide written confirmation if reported orally.	.5	2 notices		1
815	When required, analyze cable, P/L, or facility damage or failures to determine cause and as soon as available submit comprehensive written report.	1.5	1 report		2
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	Maintain records of design, construction, operation, maintenance, repairs, and investigation on or related to lease or ROW/RUE area; make available to BSEE for inspection. 2	1	4 records retention		4
823	Request reimbursement within 90 days for food, quarters, and transportation provided to BSEE reps during inspection.	2	1 request		2
824(a)	Develop annual self-inspection plan covering all facilities; retain with records and make available to BSEE upon request.	24	2 plans		48
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 BSEE upon request.	60	2 assessments / actions		120
830(a), (c); 831 thru 833	Immediately report incidents to BSEE via oral communications, submit written follow-up report within 15 business days after the incident, and submit any required additional information.	.5 Oral	2 incidents		1
		4 Written	1 incident		4
830(d)	Report oil spills as required by BSEE 30 CFR part 254.	2	1 report		2
Subpart I – Decommissioning
**** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 285 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in parts 285.
**** 902; 905, 906; 907; 908(b), (c); 909; 638(a)	Submit for approval, in format specified, copies of the SAP, COP, or GAP decommissioning application and site clearance plan at least 2 years before decommissioning activities begin, 90 days after completion of activities, or 90 days after cancellation, relinquishment, or other termination of lease or grant. Include documentation of coordination efforts regarding requests that certain facilities remain in place for other activities, be converted to an artificial reef, or be toppled in place. Submit additional information/evidence requested or modify and resubmit application.	19	1 application		19
902(d); 908(a)	Notify BSEE at least 60 days before commencing decommissioning activities.	1	1 notice		1
910(b)	Within 60 days after removing a facility, verify to BSEE 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
BSEE does not anticipate decommissioning activities for at least 5 years, so the requirements have been given a minimal burden.
Total Burden			103 Responses		8,908 Hours
			$1,908,000 Non-Hour Costs Burdens

^{1 BSEE May require electronic submissions.}

² Retention of these records is usual and customary business practice; the burden is primarily to make them available to BSEE 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 $107 (rounded)/hour. This cost is broken out in the below table using the Bureau of Labor Statistics data for the 2023 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)	$78	$109	19%	$21
Oceanographer* (11-0000)	$78	$109	15%	$16
GIS Specialist (15-0000)	$49	$68	7%	$5
Lawyer (23-1011)	$95	$133	9%	$12
Geophysicist/Geologist* (11-0000)	$78	$109	10%	$11
Engineer (17-2000)	$63	$88	10%	$9
Disciplinary/Various (11-0000)	$78	$109	30%	$33
Weighted Average ($/hour)				$107

* Management, Professional, Related.

** A multiplier of 1.4 (as implied by BLS news release, USDL-23-1971, September 12, 2023) was added for benefits. The website is http://www.bls.gov/news.release/pdf/ecec.pdf).

Based on a cost factor of $107 per hour (rounded), we estimate the hour burden as a $ equivalent to industry is $953,156 ($107 x 8,908 hours = $953,156).

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 $1,908,000 for the following:

§ 285.111 - $8,000: This section requires respondents to pay a processing fee for BSEE document or study preparation when necessary for BSEE processing of applications and requests. The processing fee is $4,000 and we anticipate approximately 2 fees.

§ 285.111(b)(3) - $950,000: This section allows respondents to pay a contractor instead of BSEE for all or part of any document, study, or other activity, and provide the results to BSEE to reduce BSEE 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 1 payments.

§ 285.417(b) - $950,000: This section requires respondents to pay for a site-specific study to evaluate the cause of harm or damage to natural resources and submit a report to BSEE. 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 $96/hour. This cost is broken out in the below table using the Office of Personnel Management Salary Table 2023 General Schedule Locality Pay Tables (WASHINGTON-BALTIMORE-ARLINGTON, DC-MD-VA-WV-PA: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/.

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	$60.83	$97.33	9%	$8
Biologist, Fish/Benthic	GS-13/05	$60.83	$97.33	10%	$9
Archeologist	GS-13/05	$60.83	$97.33	9%	$8
Air Quality Specialist	GS-14/05	$71.88	$115.01	6%	$7
Social Scientist/Economist	GS-13/05	$60.83	$97.33	13%	$12
Oceanographer	GS-13/05	$60.83	$97.33	24%	$22
CZM Specialist	GS-14/05	$71.88	$115.01	8%	$9
GIS Specialist	GS-12/05	$51.15	$81.84	6%	$5
Attorney	GS-14/05	$71.88	$115.01	4%	$4
Geophysicist/Geologist	GS-13/05	$60.83	$97.33	5%	$5
Engineer	GS-14/05	$71.88	$115.01	6%	$7
Weighted Average ($/hour)					$96

* The government cost is based on Washington, DC, 2023 pay scale.

** A multiplier of 1.6 (as implied by BLS news release, USDL-23-1971, September 12, 2023) 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 285, we estimate the Federal government will spend an average of 1 hour for each hour spent by respondents. Based on a cost factor of $96 (rounded up) per hour, the total gross cost to the Government is $855,168 (8,908 hours x 1 = 8,908 hours x $96 = $855,168). 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 current OMB inventory for this collection is 8,908 burden hours. In this submission, we are not requesting any changes in burden hours. BSEE is adding Form BSEE-1835, Notice of Noncompliance (NONC). Because of the nature of this form, the burden on operators is minimal to submit their signature.

The current OMB non-hour cost burden for this ICR is $1,908,000. In this submission, we are not requesting any changes.

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.

BSEE 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.

BSEE will display the OMB approval and expiration date. In addition, Section 285.114 will display the OMB control number once assigned, explains that BSEE will accept comments at any time on the information collection burden of our 30 CFR 285 regulations, and provides the address for sending comments to BSEE.

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.”