[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63519-63522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22678]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-NWRS-2022-N051; FXRS12610900000-223-FF09R24000; OMB Control
Number 1018-0162]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Non-Federal
Oil and Gas Operations on National Wildlife Refuge System Lands
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
November 18, 2022.
ADDRESSES: Send your comments on the information collection request
(ICR) before the close of the comment period listed under DATES to
https://www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function. Please provide a
copy of your comments to the Service Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB
(JAO/3W), Falls Church, VA 22041-3803 (mail); or by email to
Info_Coll@fws.gov. Please reference OMB Control Number 1018-0162 in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at Info_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. You may also view the ICR at
https://www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5
CFR 1320.8(d)(1), all information collections require approval under
the PRA. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
On January 27, 2022, we published in the Federal Register (87 FR
4275) a notice of our intent to request that OMB approve our proposed
revision to this information collection. In that notice, we solicited
comments for 60 days, ending on March 28, 2022. In an effort to
increase public awareness of, and participation in, our public
commenting processes associated with information collection requests,
the Service also published the Federal Register notice on https://www.regulations.gov (Docket FWS-HQ-NWRS-2021-0155) to provide the
public with an additional method to submit comments (in addition to the
typical Info_Coll@fws.gov email and U.S. mail submission methods). We
received the following four comments in response to this notice:
Comment 1: Email from Jean Public, received 01/30/2022:
The commenter states it is unnecessary to lease oil and gas
resources on public lands.
Agency Response to Comment 1: The commenter did not address the
information collection requirements. No response required.
Comment 2: Anonymous electronic comment via https://www.regulations.gov (FWS-HQ-NWRS-2021-0155-0002), received on 02/02/
2022:
The commenter recommends that no permits be issued.
Agency Response to Comment 2: The commenter did not address the
information collection requirements. No response required.
Comment 3: Anonymous electronic comment via https://www.regulations.gov (FWS-HQ-NWRS-2021-0155-0003), received on 03/01/
2022:
The commenter recommends stopping all oil and gas production on
public lands.
Agency Response to Comment 3: The commenter did not address the
information collection requirements. No response required.
Comment 4: Anonymous electronic comment via https://www.regulations.gov (FWS-HQ-NWRS-2021-0155-0004), received on 03/23/
2022:
The commenter recommends banning fossil fuel production on public
lands.
Agency Response to Comment 4: The commenter did not address the
information collection requirements. No response required.
On June 1, 2022, we published a second Federal Register notice (87
FR 33200), notifying the public of our intent to request that OMB
approve this information collection. This notice solicited comments for
an additional 60 days, ending on August 1, 2022. We also described
additional revisions identified since the publication of the January
27, 2022. The Service also published this Federal Register notice on
https://www.regulations.gov (Docket FWS-HQ-NWRS-2022-0063), to provide
the public with an additional method to submit comments (in addition to
the typical Info_Coll@fws.gov email and U.S. mail submission methods).
We received the following four comments in response to this notice:
Comment 5: Anonymous electronic comment via https://www.regulations.gov (FWS-HQ-NWRS-2022-0063-0002), received on 05/31/
2022:
[[Page 63520]]
The commenter states that it is unnecessary to develop oil and gas
resources on public lands.
Agency Response to Comment 5: The commenter did not address the
information collection requirements. No response required.
Comment 6: Electronic comment via https://www.regulations.gov (FWS-
HQ-NWRS-2022-0063-0003) from Jean Public, received on 06/01/2022:
The commenter opposes developing oil and gas resources on public
lands.
Agency Response to Comment 6: The commenter did not address the
information collection requirements. No response required.
Comment 7: Anonymous electronic comment via https://www.regulations.gov (FWS-HQ-NWRS-2022-0063-0004), received on 06/23/
2022.
The commenter supports moving the information collection to an
electronic format.
Agency Response to Comment 7: With this submission, we are moving
toward a format that allows users to submit information collection
requirements via an electronic format (automation of FWS Form 3-2469 on
the Service's ePermits platform).
Comment 8: Anonymous electronic comment via https://www.regulations.gov (FWS-HQ-NWRS-2022-0063-0005), received on 06/27/
2022:
The commenter recommends nationalizing the oil and gas industry.
Agency Response to Comment 8: The commenter did not address the
information collection requirements. No response required.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are again inviting the public and other Federal agencies to
comment on new, proposed, revised, and continuing collections of
information. This helps us assess the impact of our information
collection requirements and minimize the public's reporting burden. It
also helps the public understand our information collection
requirements and provide the requested data in the desired format.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be publicly available at any time. While
you can ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Abstract: The authority of the Service to regulate non-Federal oil
and gas operations on National Wildlife Refuge System (NWRS) lands is
broadly derived from the Property Clause of the U.S. Constitution (art.
IV, sec. 3), in carrying out the statutory mandates of the Secretary of
the Interior, as delegated to the Service, to manage Federal lands and
resources under the National Wildlife Refuge System Administration Act
(NWRSAA), as amended by the National Wildlife Refuge System Improvement
Act (NWRSIA; 16 U.S.C. 668dd et seq.), and to specifically manage
species within the NWRS under the provisions of numerous statutes, the
most notable of which are the Migratory Bird Treaty Act (MBTA; 16
U.S.C. 715 et seq.), the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.), and the Fish and Wildlife Act of 1956 (FWA; 15 U.S.C. 742f).
The Service's regulations at 50 CFR part 29, subpart D provide for
the continued exercise of non-Federal oil and gas rights while avoiding
or minimizing unnecessary impacts to national wildlife refuge resources
and uses. Other land management agencies have regulations that address
oil and gas development, including the Department of the Interior's
National Park Service and Bureau of Land Management, and the U.S.
Department of Agriculture's Forest Service. These agencies all require
the submission of information similar to the information requested by
the Service.
The collection of information is necessary for the Service to
properly balance the exercise of non-Federal oil and gas rights within
national wildlife refuge boundaries with the Service's responsibility
to protect wildlife and habitat, water quality and quantity, wildlife-
dependent recreational opportunities, and the health and safety of
employees and visitors on NWRS lands.
The information collected under 50 CFR part 29, subpart D
identifies the owner and operator (the owner and operator can be the
same) and details how the operator may access and develop oil and gas
resources. It also identifies the steps the operator intends to take to
minimize any adverse impacts of operations on refuge resources and
uses. No information is submitted unless the operator wishes to conduct
oil and gas operations.
We use the information collected to (1) evaluate proposed
operations; (2) ensure that all necessary mitigation measures are
employed to protect national wildlife refuge resources and values; and
(3) ensure compliance with all applicable laws and regulations,
including the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) and its regulations (40 CFR parts 1500-1508), and the NWRSAA, as
amended by the NWRSIA, and to specifically manage species within the
NWRS under the provisions of numerous statutes, the most notable of
which are the MBTA, the ESA, the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.), and the FWA.
Proposed Revisions
Automation of Application Form via ePermits
With this submission, we are proposing to automate FWS Form 3-2469
in the Service's ePermits system, an automated permit application
system that allows the agency to move towards a streamlined permitting
process to reduce public burden. Public burden reduction is a priority
for the Service; the Assistant Secretary for Fish, Wildlife, and Parks;
and senior leadership at the Department of the Interior. The intent of
ePermits is to fully automate the permitting process to improve the
customer experience and to reduce time burden on respondents. This
system enhances the user experience by allowing users to enter data
from any device that has internet access, including personal computers
(PCs), tablets, and smartphones. It also provides the permit applicant
with a link to pay associated permit application fees via the Pay.gov
system.
[[Page 63521]]
Financial Assurances Costs
With this submission, we will seek OMB approval of the costs
associated with the financial assurances requirements as they are
required per regulations contained in 50 CFR 29.103(b) and 50 CFR
29.150. These costs were inadvertently overlooked with previous
submissions for this collection of information, so at this time we are
bringing this requirement into compliance with the PRA as an annual
non-hour burden cost. The estimated annual non-hour cost burden
associated with the required financial assurances is captured below
under ``Total Estimated Annual Non-Hour Burden Cost.''
Proposed Changes to Application Form (FWS Form 3-2469)
We propose several changes to the existing FWS Form 3-2469 to
improve the user collection experience and our internal processing
requirements:
(1) Under the ``Type of Permit'' on page 1, we are adding these
categories:
a. ``New''--Used by operators applying for a new permit to operate
where no existing Form 3-2469 permit exists;
b. ``Renewal''--Used by operators with a currently approved permit
to renew the operation without any substantial changes;
c. ``Amendment''--Used by an operator with an existing Form 3-2469
approved permit to amend their operations; and
d. ``Extension''--Used by an operator with an existing Form 3-2469
approved permit to request an extension to one of its conditions (e.g.,
extend the shut-in status of a well).
(2) Under the ``Production Operations'' on page 1, we are adding
these subcategories:
a. ``Maintenance''--Used for maintenance actions (e.g., need to
bring in a workover rig);
b. ``Plugging''--Used with plugging and abandoning of a well; and
c. ``Reclamation''--Used with all activities remove contaminated
soils, equipment, pipe, etc., and restore the site to its original
contours and vegetation.
(3) Under the ``Contact Information'' in part 1 (on page 2), we
propose to add two new questions:
a. ``Tax Identification Number''; and
b. ``Do you have operations on other refuges? If so, provide the
names of those refuges.''
(4) Administrative corrections:
a. We corrected the control number in the ``Paperwork Reduction Act
Statement''; and
b. We updated the mail stop in the ``Estimated Burden Statement.''
Title of Collection: Non-Federal Oil and Gas Operations on National
Wildlife Refuge System Lands, 50 CFR 29, Subpart D.
OMB Control Number: 1018-0162.
Form Number: FWS Form 3-2469.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Businesses that conduct oil and gas
exploration on national wildlife refuges.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Non-hour Burden Cost: $2,250,000 (associated
with the new information collection for financial assurances).
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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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Preexisting Operations (Sec. 29.61)........................... 40 50 2,000
Temporary Access Permit Application (Sec. 29.71) Hard Copy.... 18 17 306
Temporary Access Permit Application (Sec. 29.71) ePermits..... 18 12.75 230
Accessing Oil and Gas Rights from Non-Federal Surface Location 5 1 5
(Sec. 29.80).................................................
Pre-application Meeting for Operations Permit (Sec. 29.91).... 45 2 90
Operations Permit Application (Sec. Sec. 29.94-29.97) Hard 23 140 3,220
Copy...........................................................
Operations Permit Application (Sec. Sec. 29.94-29.97) 23 105 2,415
ePermits.......................................................
Financial Assurance (Sec. Sec. 29.103(b), 29.150)............ 45 1 45
Identification of Wells and Related Facilities (Sec. 45 2 90
29.119(b)).....................................................
Reporting (Sec. 29.121):
Third-Party Monitor Report (Sec. 29.121(b))............... 300 17 5,100
Notification--Injuries/Mortality to Fish and Wildlife and 20 1 20
Threatened/Endangered Plants (Sec. 29.121(c))............
Notification--Accidents involving Serious Injuries/Death and 20 1 20
Fires/Spills (Sec. 29.121(d))............................
Written Report--Accidents Involving Serious Injuries/Deaths 20 16 320
and Fires/Spills (Sec. 29.121(d))........................
Report--Verify Compliance with Permits (Sec. 29.121(e))... 240 4 960
Permit Modifications (Sec. 29.160(a))......................... 10 16 160
Notification--Chemical Disclosure of Hydraulic Fracturing Fluids 5 1 5
uploaded to FracFocus (Sec. 29.121(f)).......................
Change of Operator Sec. 29.170:
Transferring Operator Notification.......................... 20 8 160
(Sec. 29.170).............................................
Extension to Well Plugging (Sec. 29.181(a))...............
Application for Permit Hard Copy............................ 5 140 700
Application for Permit ePermits............................. 5 105 525
Modification Hard Copy...................................... 3 16 48
Modification ePermits....................................... 3 12 36
Acquiring Operator's Requirements for Wells Not Under a 10 40 400
Service Permit (Sec. 29.171(a)) Hard Copy................
Acquiring Operator's Requirements for Wells Not Under a 10 30 300
Service Permit (Sec. 29.171(a)) ePermits.................
Acquiring Operator's Acceptance of an Existing Permit (Sec. 1 8 8
29.171(b))................................................
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 63522]]
Generic Chemical Name Disclosure (Sec. 29.210(i))......... 1 1 1
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Totals.................................................. 938 .............. 17,167
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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. 2022-22678 Filed 10-18-22; 8:45 am]
BILLING CODE 4333-15-P