Federal Register - August 20, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Notices
interfere with or endanger actual operations under any lease maintained or granted pursuant to this subchapter, and which are not unduly harmful to aquatic life in such area. 43 U.S.C.
1340a1. The OCS Lands Act defines the term exploration to mean the process of searching for minerals by, among other things, geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals. 43 U.S.C. 1331k. Section 11
authorizes permits or authorizations for geological exploration only if the Secretary determines that the applicant is qualified and the exploration will neither interfere with operations on an existing lease, unduly harm aquatic life in the area, result in pollution, create hazardous or unsafe conditions, unreasonably interfere with other uses of the area, nor disturb any site, structure, or object of historical or archaeological significance. 43 U.S.C.
1340g.
BOEM considers applications for commercial prospecting and noncommercial exploration for marine minerals, as well as scientific research related to marine minerals. Under 30
CFR part 580, G&G prospecting by any person on unleased lands or on lands leased to a third party requires a BOEM
permit. G&G activities conducted for scientific or academic purpose require submission of a scientific research notice.2 See 30 CFR 580.11. Because 30
CFR part 580 does not apply to noncommercial exploration, such activities are authorized directly pursuant to section 11 of the OCS Lands Act. Noncommercial exploration includes searching for sand, gravel, and other sources of sediment for potential use in qualifying beach nourishment and coastal restoration projects.
As a Federal agency, BOEM must comply with the National Environmental Policy Act 42 U.S.C.
4321 et seq., Endangered Species Act 16 U.S.C. 1531 et seq., National Historic Preservation Act 54 U.S.C.
300101 et seq., and Marine Mammal Protection Act 16 U.S.C. 1361 et seq., among other environmental laws.
Compliance with the Endangered Species Act includes a substantive duty to carry out agency action in a manner that is unlikely to jeopardize protected species or adversely modify designated critical habitat and a procedural duty to consult with the U.S. Fish and Wildlife Service and National Marine Fisheries 2 A permit is required for scientific research activities that involve the use of solid or liquid explosives, the drilling of a deep stratigraphic test, or the development of data for proprietary use or sale. 30 CFR 580.11a.
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Service, as applicable, before engaging in a discretionary action that may affect a protected species.
Under 30 CFR 580.12a, applicants must submit form BOEM0134, Requirements for Geological and Geophysical Prospecting, Exploration, or Scientific Research on the Outer Continental Shelf Related to Minerals Other than Oil, Gas, and Sulphur, to provide the information necessary to evaluate requests to conduct G&G
activities for commercial prospecting, noncommercial exploration, and certain scientific research.3 Under 30 CFR
580.11b and 580.12c, a notice must be filed with BOEM for scientific research activities that do not involve explosives, deep stratigraphic drilling, or proprietary interests in the collected data. BOEM uses the submitted information for several purposes: 1 To ensure there are neither adverse effects to the marine, coastal, or human environments nor unreasonable interferences with other uses; 2 to enhance personal and operational safety; 3 to analyze and evaluate preliminary or planned mining activities; 4 to monitor progress and activities on the OCS; 5 to acquire G&G
data and information collected under a Federal permit or authorization; and 6
to determine eligibility for reimbursement from the Government for certain costs.
Upon approval, BOEM issues applicants a permit or an authorization as currently titled form BOEM0135, Permit for Geophysical Prospecting for Mineral Resources or Scientific Research on the Outer Continental Shelf Related to Minerals Other than Oil, Gas, and Sulphur, or form BOEM0136, Permit for Geological Prospecting for Mineral Resources or Scientific Research on the Outer Continental Shelf Related to Minerals Other than Oil, Gas, and Sulphur.
BOEM may use the information collected during G&G activities to understand the characteristics of marine mineral-bearing physiographic regions of the OCS. The information aids BOEM
in analyzing and weighing the potential for environmental damage, the discovery of marine minerals, and any associated impacts on adjacent coastal States.
OMB Control Number: 10100072.
Form Number: Please note: Upon OMB approval of this ICR, BOEM will implement new titles for the three existing forms discussed previously as 3 Form BOEM0134 is required for scientific research activities involving explosives, deep stratigraphic drilling, or proprietary interests in the collected data. 30 CFR 580.11a13.
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follows. BOEM0134, Requirements for Geological and Geophysical Prospecting, Exploration, or Scientific Research on the OCS Related to Minerals Other Than Oil, Gas, and Sulphur.
The following forms are the permits or authorizations issued by BOEM based on information provided in BOEM
0134:
BOEM0135, Permit for Geophysical Prospecting, Authorization of Noncommercial Geophysical Exploration or Permit for Scientific Research Related to Minerals Other Than Oil, Gas, and Sulphur on the Outer Continental Shelf.
BOEM0136, Permit for Geological Prospecting, Authorization of Noncommercial Geological Exploration, or Permit for Scientific Research Related to Minerals Other Than Oil, Gas, and Sulphur on the Outer Continental Shelf.
Type of Review: Renewal of a currently approved collection.
Respondents/Affected Public:
Permittees, applicants, and other respondents, including those required to only file notices scientific research.
Total Estimated Number of Annual Responses: 49 responses.
Total Estimated Number of Annual Burden Hours: 730 hours.
Respondents Obligation: Mandatory or required to obtain or retain a benefit.
Frequency of Collection: On occasion, annual, or as specified in permits or authorizations.
Total Estimated Annual Non-Hour Burden Cost: $4,024 non-hour cost burden.
Estimated Reporting and Recordkeeping Hour Burden: BOEM
estimates 730 burden hours for this renewal, which is a 245-hour increase in annual burden hours over the currently approved information collection. The increase in burden hours is attributed to the expected increase in the number of annual applications, permits, and authorizations.
A Federal Register notice with a 60day public comment period on this proposed ICR was published on April 5, 2021 86 FR 17636. BOEM did not receive any comments during the 60-day comment period.
BOEM is again soliciting comments on this proposed ICR. BOEM is especially interested in public comment addressing the following issues: 1 Is the collection necessary to the proper functions of BOEM; 2 what can BOEM
do to ensure this information will be processed and used in a timely manner;
3 is the estimate of burden accurate;
4 how might BOEM enhance the quality, utility, and clarity of the
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