[Federal Register: December 9, 2002 (Volume 67, Number 236)]
[Notices]
[Page 72972-72974]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de02-106]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection Activities: Proposed Collection,
Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of an extension of a currently approved information
collection (OMB Control Number 1010-0113).
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SUMMARY: To comply with the Paperwork Reduction Act (PRA) of 1995, we
are inviting comments on a collection of information that we will
submit to the Office of Management and Budget (OMB) for review and
approval. The information collection request (ICR) is titled ``30 CFR
part 206, Subpart B, Indian Oil (Form MMS-4416, Indian Crude Oil
Valuation Report).''
DATES: Submit written comments on or before February 7, 2003.
ADDRESSES: Submit written comments to Sharron L. Gebhardt, Regulatory
Specialist, Minerals Management Service, Minerals Revenue Management,
PO Box 25165, MS 320B2, Denver, Colorado 80225. If you use an overnight
courier service, our courier address is Building 85, Room A-614, Denver
Federal Center, Denver, Colorado 80225. You may also e-mail your
comments to us at mrm.comments@mms.gov. Include the title of the
information collection and the OMB control number in the ``Attention''
line of your comment. Also include your name and return address. Submit
electronic comments as an ASCII file avoiding the use of special
characters and any form of encryption. If you do not receive a
confirmation we have received your e-mail, contact Ms. Gebhardt at
(303) 231-3211.
FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303)
231-3211, FAX (303) 231-3385 or e-mail sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 206, Subpart B, Indian Oil (Form MMS-4416, Indian
Crude Oil Valuation Report).
OMB Control Number: 1010-0113.
Bureau Form Number: Form MMS-4416.
Abstract: The Department of the Interior (DOI) is responsible for
matters relevant to mineral resource development on Federal and Indian
lands and the Outer Continental Shelf (OCS). The Secretary of the
Interior (Secretary) is responsible for managing the production of
minerals from Federal and Indian lands and the OCS, collecting
royalties from lessees who produce minerals, and distributing the funds
collected in accordance with applicable laws. The Secretary has an
Indian trust responsibility to manage Indian lands and seek advice and
information from Indian beneficiaries. MMS performs the royalty
management functions and assists the Secretary in carrying out DOI's
Indian trust responsibility.
Section 101(a) of the Federal Oil and Gas Royalty Management Act of
1982 (FOGRMA), as amended, requires the Secretary to ``establish a
comprehensive inspection, collection, and fiscal and production
accounting and auditing system to provide the capability to accurately
determine oil and gas royalties, interest, fines, penalties, fees,
deposits, and other payments owed, and collect and account for such
amounts in a timely manner.'' To accomplish these tasks more
effectively, MMS published a proposed rule in the Federal Register on
February 12, 1998 (63 FR 7089) and a supplementary proposed rule on
[[Page 72973]]
January 5, 2000 (65 FR 403). The rules proposed add more certainty to
valuation of oil produced from Indian lands and eliminate any direct
reliance on posted prices by, among other provisions, requiring Indian
lessees and purchasers to submit certain contract information to MMS.
MMS awaited the Solicitor General's approval of the appeal in the
Federal Energy Regulatory Commission 636 case regarding duty to market
before publishing a final rule. MMS intends to publish a final rule in
Fiscal Year 2003. Because OMB approval of this information collection
expires February 28, 2003, we are seeking OMB approval to renew these
reporting requirements until a final rule is published.
Not collecting this information would limit the Secretary's ability
to discharge his/her duties and may also result in loss of royalty
payments to the Indian lessor due to royalties not being collected on
prices received under higher priced long-term sales contracts.
Proprietary information submitted is protected, and there are no
questions of a sensitive nature included in this information
collection.
We have also changed the title of this ICR from ``Indian Crude Oil
Valuation Report (Form MMS-4416)'' to ``30 CFR part 206, Subpart B,
Indian Oil (Form MMS-4416, Indian Crude Oil Valuation Report)'' to
clarify the regulatory language we are covering under 30 CFR part 206.
Frequency: Monthly.
Estimated Number and Description of Respondents: 225 payors-
purchasers.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 2,362
hours.
The following chart shows the breakdown of the burden hours by CFR
section and paragraph:
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Burden hours Annual number Annual burden
Proposed 30 CFR section Reporting requirement per response of responses hours
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Sec. 206.61(d)(5)............... You must submit information .1667 \1\ 2,025 337.5
on Form MMS-4416 related to
all of your crude oil
production from Indian
leases. You must initially
submit Form MMS-4416 no
later than [insert the date
2 months after the
effective date of this
rule] and then by October
31 [insert the year this
regulation takes effect],
and by October 31 of each
succeeding year.
In addition to the annual .5 \2\ 4,050 2,025
requirement to file this
form, you must file a new
form each time you execute
a new exchange or sales
contract involving the
production of oil from an
Indian lease. However, if
the contract merely extends
the time period a contract
is in effect without
changing any other terms of
the contract, this
requirement to file does
not apply. All other
purchasers of crude oil
from designated areas
likewise are subject to the
requirements of this
paragraph (d)(5).
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Total....................... .............. 6,075 2,363
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\1\ 1,350 payor-purchaser agreements or contracts plus 675 non-payor-purchaser agreements or contracts.
\2\ 225 payor-purchasers X 6 agreements or contracts per payor X \1/2\ hour per submission X 2 submissions per
year plus 675 agreements or contracts submitted by non-payor-purchasers X \1/2\ hour per submission X 2
submissions per year.
Estimated Annual Reporting and Record keeping ``Non-hour Cost''
Burden: We have identified no ``non-hour'' cost burdens.
Comments: The PRA (44 U.S.C. 3501, et seq.) provides 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. Before submitting an ICR to OMB, PRA section
3506(c)(2)(A) requires each agency ``* * * to provide notice * * * and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information * * *.'' Agencies
must specifically solicit comments to: (a) Evaluate whether the
proposed collection of information is necessary for the agency to
perform its duties, including whether the information is useful; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information; (c) enhance the quality,
usefulness, and clarity of the information to be collected; and (d)
minimize the burden on the respondents, including the use of automated
collection techniques or other forms of information technology.
The PRA also requires agencies to estimate the total annual
reporting ``non-hour cost'' burden to respondents or record keepers
resulting from the collection of information. We have not identified
non-hour cost burdens for this information collection. If you have
costs to generate, maintain, and disclose this information, you should
comment and provide your total capital and startup cost components or
annual operation, maintenance, and purchase of service components. You
should describe the methods you use to estimate major cost factors,
including system and technology acquisition, expected useful life of
capital equipment, discount rate(s), and the period over which you
incur costs. Capital and startup costs include, among other items,
computers and software you purchase to prepare for collecting
information; monitoring, sampling, testing equipment; and record
storage facilities. Generally, your estimates should not include
equipment or services purchased: (i) Before October 1, 1995; (ii) to
comply with requirements not associated with the information
collection; (iii) for reasons other than to provide information or keep
records for the Government; or (iv) as part of customary and usual
business or private practices.
We will summarize written responses to this notice and address them
in our ICR submission for OMB approval, including appropriate
adjustments to the estimated burden. We will provide a copy of the ICR
to you without charge upon request and the ICR will also be posted on
our Web site at http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm
.
Public Comment Policy: We will post all comments in response to
this notice on our Web site at http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.
We will also make copies of the comments
available for public review, including names and addresses of
respondents, during regular business hours at our offices in Lakewood,
Colorado. Individual respondents may request we withhold their home
address from the public
[[Page 72974]]
record, which we will honor to the extent allowable by law. There also
may be circumstances in which we would withhold from the rulemaking
record a respondent's identity, as allowable by law. If you request
that we withhold your name and/or address, state this prominently at
the beginning of your comment. However, we will not consider anonymous
comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
MMS Information Collection Clearance Officer: Jo Ann Lauterbach,
(202) 208-7744.
Dated: December 4, 2002.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 02-31042 Filed 12-6-02; 8:45 am]