Protection of Marine Archaeological Resources Final Rule

OMB Control No: 1010-0196	ICR Reference No: 202403-1010-001
Status: Received in OIRA	Previous ICR Reference No: 202210-1010-002
Agency/Subagency: DOI/BOEM	Agency Tracking No: 1010-AE11
Title: Protection of Marine Archaeological Resources Final Rule
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/03/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	15	0
Time Burden (Hours)	505	0
Cost Burden (Dollars)	0	0

---

Abstract: BOEM finalizes requirements to require lessees and operators to submit an archaeological report with any oil and gas exploration or development plan they submit to BOEM for approval of activities proposed on the Outer Continental Shelf (OCS). An archaeological report is currently required only if the plan covers an area that a BOEM Regional Director has reason to believe may contain an archaeological resource. This rule will help to locate archaeological resources before they are inadvertently damaged by an OCS operator, thereby assuring compliance with section 106 of the National Historic Preservation Act. This rule defines the minimum level of survey information necessary to support the conclusions in the archaeological report, the procedure for reporting possible archaeological resources, the procedure for continuing operations when a possible resource is present, and what to do if an unanticipated archaeological resource is discovered during operation .

---

Authorizing Statute(s): US Code: 31 USC 9701 Name of Law: Independent Offices Appropriations Act    US Code: 54 USC 300101 et seq Name of Law: National Historic Preservation Act, as amended/    US Code: 25 USC 3001-3013 Name of Law: Native American Graves Protection and Repatriation Act    US Code: 43 USC 1331 et seq & 1801 et seq Name of Law: Outer Continental Shelf Lands Act, as amended

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1010-AE11	Final or interim final rulemaking	89 FR 71160	09/03/2024

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 9797	02/15/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 71160	09/03/2024
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name 30 CFR 550.194 - Information and Reporting 30 CFR 550.195 - Information and Reporting

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	15	0	0	15	0	0
Annual Time Burden (Hours)	505	0	0	505	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: BOEM increases their overall annual burden hours by 505 hours. The burden hours are discussed below. 30 CFR 550.194(a): This final rule will require that any EP, DOCD, or DPP, or any other request to conduct activities that may disturb the seafloor be accompanied by or contain an archaeological report and supporting evidence. BOEM proposes to increase the estimated annual burden hours to 500 hours (+500 annual burden hours over the currently approved burden). 30 CFR 550.194(c): This final rule requires that archaeological reports be based on a HRG survey of the APE. The high-resolution geophysical requirements described in 30 CFR 550.194(c) are also part of the requirements used for geological and geophysical IC (i.e., shallow hazards surveys) under 30 CFR 550.214 and 550.244 that OMB approved in Control Number 1010-0151. Therefore, no additional burdens are expected to be placed on industry. 30 CFR 550.194(g): If an archaeological resource is likely to be present, this final rule requires an operator to either relocate the operations to avoid adversely affecting the resource or establish that the resource does not exist, will not be adversely affected by the operations, or will be protected by mitigation measures during the operations. The likelihood that operators would establish the archaeological resource is not present is low. If operators relocate the project to avoid the known archaeological resource, they could use resources already contracted and available on the project (without the delay of additional investigation). The operator likely will submit information related to archaeological resources to BOEM. The burdens related to the submission of archaeological resource information are accounted for in OMB approved Control Number 1010-0151. Therefore, BOEM has determined there will likely not be an additional burden on industry with this final rule provision. 30 CFR 550.195(a): This final rule requires the operator to notify the BOEM Regional Director of any archaeological resource discovery. This notification would likely occur during the operator’s remote sensing phase or during deployment by a remotely operated vehicle for surveys related to hydrophones. BOEM expects that the occurrence would be low, so BOEM estimates the annual burden hours to equal 3 hours (1 hour x 3 responses) (+3 annual burden hours above the currently approved burden). The annual burden hours for departure requests will likely be 2 annual burden hours. (+2 annual burden hours above the currently approved burden).

---

Annual Cost to Federal Government: $31,457

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Anna Atkinson 202 912-7438 [email protected]

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 09/03/2024

---