1014-0034 60-day FRN

1014-0034 60-day FRN to add NONC published 7.13.23 [88 FR 44834] exp. 9.11.23.pdf

Reorganization of Title 30—Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf - BSEE NEW 30 CFR Part 285

1014-0034 60-day FRN

OMB: 1014-0034

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44834

Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices

In calculating the information
collection burdens, BOEM accounted for
decreases in the number of plans
submitted annually and for the changes
resulting from the GOM BiOp. BOEM
currently requires monthly marine
mammal observation and monitoring
reports and a final report within 90 days
of the completion of a lessee’s OCS
survey, consistent with GOM BiOp
Appendix A, ‘‘Seismic Survey
Mitigation and Protected Species
Observer Protocols.’’ The GOM BiOp
requirements supersede BOEM’s Notice
to Lessees and Operators 2016–G02,
which had required two reports each
month. Therefore, BOEM estimates an
overall decrease in the burden related to
these monitoring reports.
The GOM BiOp requires additional
reporting if one or more individuals
from a protected species are observed
within an enclosed moon pool, which is
an opening in the bottom of a marine
platform, drill ship, or vessel through
which drilling is done. The operator
must report the observation within 24
hours and daily thereafter as long as any
individual from a protected species
remains within the moon pool. With
this new requirement, BOEM estimates
a slight increase in annual reporting.
While the GOM BiOp increased
certain reporting burdens for lessees and
operators in the Gulf of Mexico, the
overall burdens are estimated to
decrease slightly due to the anticipated
reduction in the number of plans
submitted to BOEM.
A Federal Register notice with a 60day public comment period on this
proposed ICR was published on March
3, 2023 (88 FR 13459). BOEM received
one comment during the 60-day
comment period, which was supportive
of the Federal Government’s reporting
and burden updates. No burdens were
changed in connection with the public
comment.
BOEM is again soliciting comments
on the proposed ICR. BOEM is
especially interested in public
comments addressing the following
issues: (1) is the collection necessary to
the proper functions of BOEM; (2) what
can BOEM do to ensure that this
information is processed and used in a
timely manner; (3) is the burden
estimate accurate; (4) how might BOEM
enhance the quality, utility, and clarity
of the information to be collected; and
(5) how might BOEM minimize the
burden of this collection on the
respondents, including minimizing the
burden through the use of information
technology?
Comments submitted in response to
this notice are a matter of public record
and will be available for public review

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on www.reginfo.gov. BOEM will include
or summarize each comment in its ICR
to OMB for approval of this information
collection. You should be aware that
your entire comment—including your
address, phone number, email address,
or other personally identifiable
information included in your
comment—may be made publicly
available at any time. Even if BOEM
withholds your information in the
context of this ICR, your comment is
subject to the Freedom of Information
Act (FOIA). If your submission is
requested under FOIA, your information
will only be withheld if a determination
is made that one of the FOIA
exemptions to disclosure applies. Such
a determination will be made in
accordance with the Department’s FOIA
regulations (43 CFR part 2) and
applicable law.
In order for BOEM to consider
withholding from disclosure your
personal identifying information, you
must identify, in a cover letter, any
information contained in your comment
that, if released, would constitute a
clearly unwarranted invasion of your
personal privacy. You must also briefly
describe any possible harmful
consequences of the disclosure of
information, such as embarrassment,
injury, or other harm. Note that BOEM
will make available for public
inspection all comments in their
entirety (except for proprietary
information submitted by organizations
and businesses, or by individuals
identifying themselves as
representatives of organizations or
businesses).
BOEM protects proprietary
information in accordance with FOIA (5
U.S.C. 552), the DOI’s implementing
regulations (43 CFR part 2), and 30 CFR
part 550.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid OMB control
number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Karen Thundiyil,
Chief, Office of Regulations, Bureau of Ocean
Energy Management.
[FR Doc. 2023–14822 Filed 7–12–23; 8:45 am]
BILLING CODE 4340–98–P

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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
[Docket ID BSEE–2023–0013; EEEE500000
234E1700D2 ET1SF0000.EAQ000; OMB
Control Number 1014–0034]

Agency Information Collection
Activities; Renewable Energy and
Alternate Uses of Existing Facilities on
the Outer Continental Shelf
Bureau of Safety and
Environmental Enforcement, Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act (PRA) of
1995, the Bureau of Safety and
Environmental Enforcement (BSEE)
proposes to renew an information
collection with revisions.
DATES: Interested persons are invited to
submit comments on or before
September 11, 2023.
ADDRESSES: Send your comments on
this information collection request (ICR)
by either of the following methods listed
below:
• Electronically go to http://
www.regulations.gov. In the Search box,
enter BSEE–2023–0013 then click
search. Follow the instructions to
submit public comments and view all
related materials. We will post all
comments.
• Email [email protected], fax
(703) 787–1546, or mail or hand-carry
comments to the Department of the
Interior; Bureau of Safety and
Environmental Enforcement;
Regulations and Standards Branch;
ATTN: Nikki Mason; 45600 Woodland
Road, Sterling, VA 20166. Please
reference OMB Control Number 1014–
0034 in the subject line of your
comments.
SUMMARY:

To
request additional information about
this ICR, contact Nikki Mason by email
at [email protected] or by
telephone at (703) 787–1607.
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 http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the PRA and 5 CFR
FOR FURTHER INFORMATION CONTACT:

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ddrumheller on DSK120RN23PROD with NOTICES1

Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices
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.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite 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;
(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. We will include or
summarize each comment in our request
to OMB to approve this ICR. 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 made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: 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

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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 285, subpart 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

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44835

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
Title of Collection: 30 CFR part 285,
Renewable Energy and Alternate Uses of
Existing Facilities on the Outer
Continental Shelf.
OMB Control Number: 1014–0034.
Form Number: Form BSEE–1835,
Notice(s) of Noncompliance.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public: 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.
Total Estimated Number of Annual
Respondents: Currently there are
approximately 47 Lessees in the OCS.
Not all the potential respondents will
submit information in any given year,
and some may submit multiple times.
Total Estimated Number of Annual
Responses: 103.
Estimated Completion Time per
Response: Varies from 30 minutes to
6,000 hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 8,908.

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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices

Respondent’s Obligation: Responses
are mandatory and are required to
obtain or retain a benefit.

Frequency of Collection: generally
occasional or annual.

Total Estimated Annual Nonhour
Burden Cost: $1,908,000.

BURDEN TABLE
Reporting and recordkeeping requirement 1

Citations in 30 CFR 285

Hour burden

Average number 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 .......................

1

2 submissions .......

2 payments × $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 × $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

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

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

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).

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

Subpart B—Reserved
Subpart C—Reserved
Subpart D—Lease and Grant Administration

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1 study × $950,000 = $950,000.

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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices
BURDEN TABLE—Continued
Reporting and recordkeeping requirement 1

Citations in 30 CFR 285

Hour burden

Average number of
annual responses

Annual burden
hours

Subpart E—Reserved
Subpart F—Plans and Information Requirements

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** 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

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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices
BURDEN TABLE—Continued
Reporting and recordkeeping requirement 1

Citations in 30 CFR 285

Hour burden

Average number of
annual responses

Annual burden
hours

Subpart G—Facility Design, Fabrication, and Installation
*** indicate the primary cites for
the reports discussed in this
subpart, and the burdens include any previous or subsequent references throughout
part 285 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 ....................
100 ....................

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

100
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 ....................
100 ....................

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

100
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 ......................
15 ......................

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

20
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

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

2 reports ................
1 written confirmation.

1
1

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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices
BURDEN TABLE—Continued
Reporting and recordkeeping requirement 1

Citations in 30 CFR 285

Hour burden

Average number of
annual responses

Annual burden
hours

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 ...............
4 Written ............

2 incidents .............
1 incident ...............

1
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.

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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Notices

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.).
Kirk Malstrom,
Chief, Regulations and Standards Branch.
[FR Doc. 2023–14812 Filed 7–12–23; 8:45 am]
BILLING CODE 4310–VH–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1347]

Certain Location-Sharing Systems,
Related Software, Components
Thereof, and Products Containing
Same; Notice of Commission
Determination Not To Review Three
Initial Determinations Terminating the
Investigation as to Certain
Respondents and in Its Entirety;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review three initial determinations
(‘‘IDs’’) of the presiding administrative
law judge (‘‘ALJ’’) that terminate the
above-captioned investigation as to: (1)
respondent OnePlus Technology
(Shenzhen) Co., Ltd. based on
settlement (Order No. 24); (2)
respondents Xiaomi Corporation,
Xiaomi H.K. Ltd., Xiaomi
Communications Co., Ltd., and Xiaomi
Inc. based on settlement (Order No. 25);
and (3) the remaining respondents based
on withdrawal of the complaint (Order
No. 26). The investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
[email protected]. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the

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SUMMARY:

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Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on December 30, 2022, based on a
complaint filed by Advanced Ground
Information Systems, Inc. of Jupiter,
Florida and AGIS Software
Development LLC of Marshall, Texas
(collectively, ‘‘AGIS’’). 87 FR 80568–69
(Dec. 30, 2022). The complaint, as
supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based on the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain location-sharing systems, related
software, components thereof, and
products containing same by reason of
the infringement of certain claims of
U.S. Patent Nos. 8,213,970 (‘‘the ’970
patent’’); 9,445,251 (‘‘the ’251 patent’’);
9,467,838 (‘‘the ’838 patent’’); 9,749,829
(‘‘the ’829 patent’’); and 9,820,123 (‘‘the
’123 patent’’). Id. at 80568. The
complaint further alleges that a
domestic industry exists. Id.
The notice of investigation named 26
respondents: (1) Kyocera Corporation
(‘‘Kyocera’’) of Kyoto, Japan; (2)
OnePlus Technology (Shenzhen) Co.,
Ltd. (‘‘OnePlus’’) of Shenzhen,
Guangdong, China; (3) Xiaomi
Corporation of Grand Cayman, Cayman
Islands; Xiaomi H.K. Ltd. of Kowloon
City, Hong Kong; Xiaomi
Communications Co., Ltd. of Beijing,
China; and Xiaomi Inc. of Beijing, China
(collectively, ‘‘Xiaomi’’); and (4) Google
LLC of Mountain View, California;
Samsung Electronics, Co., Ltd. of
Suwon, Republic of Korea; Samsung
Electronics America, Inc. of Ridgefield
Park, New Jersey; TCL Technology
Group Corporation of Huizhou,
Guangdong, China; TCL Electronics
Holdings Limited of Hong Kong Science
Park, Hong Kong; TCL Communication
Technology Holdings Limited of Hong
Kong Science Park, Hong Kong; TCT
Mobile (US) Inc. of Irvine, California;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of
Morrisville, North Carolina; Motorola
Mobility LLC of Chicago, Illinois; HMD
Global of Espoo, Finland; HMD Global
OY of Espoo, Finland; HMD America,
Inc. of Miami, Florida; Sony
Corporation of Tokyo, Japan; Sony
Mobile Communications, Inc. of Tokyo,
Japan; ASUSTek Computer Inc. of
Taipei, Taiwan; ASUS Computer
International of Fremont, California;
BLU Products of Doral, Florida;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North
America of Secaucus, New Jersey

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(collectively, the ‘‘Remaining
Respondents’’). Id. at 80569. The Office
of Unfair Import Investigations (‘‘OUII’’)
is also named as a party. Id.
On February 17, 2023, the
Commission amended the complaint
and notice of investigation to substitute
Panasonic Holdings Corporation of
Osaka, Japan, in place of named
respondent Panasonic Corporation.
Order No. 7 (Feb. 1, 2023), unreviewed
by 88 FR 11477 (Feb. 23, 2023).
On June 6, 2023, the Commission
terminated the investigation as to the
following asserted claims based on
withdrawal: (i) claim 2 of the ’970
patent; (ii) claims 1–2, 7–8, 23, 25, 29–
30, and 35 of the ’251 patent; (iii) claims
3, 5–8, 10, 16, 19, 38, 40, 55–56, 61–64,
68, 71–72, 80 and 84 of the ’838 patent;
(iv) claims 1, 8, 34, and 41 of the ’829
patent; and (v) claim 14 of the ’123
patent. Order No. 16 (May 17, 2023),
unreviewed by Comm’n Notice (June 6,
2023).
On June 27, 2023, the Commission
terminated the investigation as to
Kyocera based on settlement. Order No.
19, unreviewed by Comm’n Notice (June
27, 2023).
On June 14, 2023, AGIS and OnePlus
filed a joint motion to terminate the
investigation as to OnePlus based on a
settlement agreement. On June 16, 2023,
OUII filed a response supporting the
motion. No other responses to the
motion were filed.
On June 15, 2023, AGIS and Xiaomi
filed a joint motion to terminate the
investigation as to Xiaomi based on a
settlement agreement. On June 16, 2023,
OUII filed a response supporting the
motion. No other responses to the
motion were filed.
On June 15, 2023, AGIS filed a motion
to terminate the investigation as to the
Remaining Respondents based on
withdrawal of the complaint. On June
16, 2023, OUII filed a response
supporting the motion. On June 20,
2023, the Remaining Respondents filed
a response stating that they do not
oppose the motion. No other responses
to the motion were filed.
On June 20, 2023, the ALJ issued all
three subject IDs (Order Nos. 24, 25, and
26). Order Nos. 24 and 25 grant the
unopposed joint motions to terminate
the investigation as to OnePlus and
Xiaomi, respectively, finding that the
motions comply with the requirements
of Commission Rule 210.21(b)(1) (19
CFR 210.21(b)(1)), and that the proposed
settlements do not adversely affect the
public interest in accordance with
Commission Rule 210.50(b)(2) (19 CFR
210.50(b)(2)). Order No. 24 at 2–3; Order
No. 25 at 2–3. Order No. 26 grants the
unopposed motion to terminate the

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