[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Notices]
[Pages 33200-33202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11726]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-NWRS-2022-0063; FXRS12610900000-223-FF09R24000; OMB Control
Number 1018-0162]
Agency Information Collection Activities; Non-Federal Oil and Gas
Operations on National Wildlife Refuge System Lands
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: 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
August 1, 2022.
ADDRESSES: Send your comments on the information collection request
(ICR) by one of the following methods (please reference ``1018-0162''
in the subject line of your comments):
Internet (preferred): http://www.regulations.gov. Follow
the instructions for submitting comments on Docket No. FWS-HQ-NWRS-
2022-0063.
Email: Info_Coll@fws.gov.
U.S. mail: Service Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB
(JAO/3W), Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at Info_Coll@fws.gov, 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-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA) and its implementing regulations at 5 CFR 1320.8(d)(1), we
provide the general public and other Federal agencies with an
opportunity 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 soliciting comments on the proposed information collection
request (ICR) that is described below. We are especially interested in
public comments addressing the following issues: (1) Is the collection
necessary to the proper functions of the Service; (2) will this
information be processed and used in a timely manner; (3) is the
estimate of burden accurate; (4) how might the Service enhance the
quality, utility, and clarity of the information to be collected; and
(5) how might the Service minimize the burden of this collection on the
respondents, including through the use of information technology.
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 the Office of Management and Budget (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: 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 United States
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 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,
[[Page 33201]]
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.
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 sub-categories:
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
b. ``Do you have operations on other refuges? If so, provide the
names of those refuges.''
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: $1,100,000 (22 annual
responses x $50,000 each).
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Estimated Completion
number of time per Estimated
Activity/requirement annual response total annual
responses (Hours) burden hours
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Application for Temporary Access and Operations Permit (Sec. 17 17 289
29.71) (FWS Form 3-2469).......................................
Preexisting Operations (Sec. 29.61)........................... 20 50 1,000
Accessing Oil and Gas Rights from Non-Federal Surface Location 2 1 2
(Sec. 29.80).................................................
Pre-application Meeting for Operations Permit (Sec. 29.91).... 22 2 44
Operations Permit Application (Sec. Sec. 29.94-29.97)........ 22 140 3,080
Financial Assurance (Sec. Sec. 29.103(b), 29.150)............ 22 1 22
Identification of Wells and Related Facilities (Sec. 22 2 44
29.119(b)).....................................................
Reporting (Sec. 29.121):
Third-Party Monitor Report (Sec. 29.121(b))............... 150 17 2,550
Notification--Injuries/Mortality to Fish and Wildlife and 10 1 10
Threatened/Endangered Plants (Sec. 29.121(c))............
Notification--Accidents involving Serious Injuries/Death and 10 1 10
Fires/Spills (Sec. 29.121(d))............................
Written Report--Accidents Involving Serious Injuries/Deaths 10 16 160
and Fires/Spills (Sec. 29.121(d))........................
Report--Verify Compliance with Permits (Sec. 29.121(e))... 120 4 480
Notification--Chemical Disclosure of Hydraulic Fracturing 2 1 2
Fluids uploaded to FracFocus (Sec. 29.121(f))............
Permit Modifications (Sec. 29.160(a))..................... 5 16 80
Change of Operator Sec. 29.170:
Transferring Operator Notification (Sec. 29.170).......... 10 8 80
Acquiring Operator's Requirements for Wells Not Under a 9 40 360
Service Permit (Sec. 29.171(a))..........................
Acquiring Operator's Acceptance of an Existing Permit (Sec. 1 8 8
29.171(b))................................................
Extension to Well Plugging (Sec. 29.181(a)):
Application for Permit...................................... 5 140 700
Modification................................................ 2 16 32
Public Information (Sec. 29.210):
Affidavit in Support of Claim of Confidentiality (Sec. 1 1 1
29.210(c) and (d)).........................................
Confidential Information (Sec. 29.210(e) and (f))......... 1 1 1
Maintenance of Confidential Information (Sec. 29.210(h)).. 1 1 1
[[Page 33202]]
Generic Chemical Name Disclosure (Sec. 29.210(i))......... 1 1 1
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Totals.................................................. 465 .............. 8,957
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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. 2022-11726 Filed 5-31-22; 8:45 am]
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