[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Notices]
[Pages 9316-9318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4752]


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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 a revision of a currently approved information 
collection (OMB Control Number 1010-0121).

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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 
``Administrative Appeal Procedures'' (formerly titled ``Preliminary 
Statement of Issues and Fee Waiver'').

DATES: Submit written comments on or before April 29, 2002.

ADDRESSES: Submit written comments to Carol P. Shelby, Regulatory 
Specialist, Minerals Management Service, Minerals Revenue Management, 
P.O. Box 25165, MS 320B2, Denver, Colorado 80225. If you use an 
overnight courier service, MMS's courier address is Building 85, Room 
A-614, Denver Federal Center, Denver, Colorado 80225.

FOR FURTHER INFORMATION CONTACT: Carol P. Shelby, telephone (303) 231-
3151, FAX (303) 231-3385.

SUPPLEMENTARY INFORMATION:
    Title: Administrative Appeal Procedures.
    OMB Control Number: 1010-0121.
    Bureau Form Number: None.
    Abstract: The Department of the Interior (DOI) is responsible for 
matters relevant to mineral resource development on Federal and Indian 
lands and in the Outer Continental Shelf (OCS). The Secretary of the 
Interior is responsible for managing the production of minerals from 
Federal and Indian lands and from the OCS, collecting royalties from 
lessees who produce

[[Page 9317]]

minerals, and distributing the funds collected in accordance with 
applicable laws. The Secretary also has an Indian trust responsibility 
to manage Indian lands and seek advice and information from Indian 
beneficiaries.
    On January 12, 1999, DOI published a proposed rule in the Federal 
Register (64 FR 1930) to revise the appeals process. Proposed 43 CFR 
part 4, subpart J, would have established a new 1-step process for 
appeals of royalty orders. Among other actions, the proposed rule would 
have replaced the current regulations at 30 CFR part 290 and 43 CFR 
part 4, subpart E, as they relate to appeals of royalty orders. The MMS 
submitted an information collection request entitled ``Preliminary 
Statement of Issues and Fee Waiver'' to cover the information 
collection requirements in that proposed rule. The OMB approved that 
request on April 13, 1999, and assigned OMB Control Number 1010-0121.
    The MMS received numerous negative comments about some of the 
provisions in the proposed rule. Consequently, on May 13, 1999, MMS 
published a final rule in the Federal Register (64 FR 26240) making 
final only those portions of the January 1999 proposed rule that 
received few, if any, comments. For example, rather than finalizing the 
substantive procedural changes in the proposed rule, the regulations in 
30 CFR part 290 were separated into two subparts--Subparts A and B--and 
rewritten using plain English principles. Subpart A relates to appeals 
for the Offshore Minerals Management program, and Subpart B relates to 
appeals for the Royalty Management Program (currently Minerals Revenue 
Management). Subpart J of 43 CFR part 4 was added to the final rule to 
incorporate specific time frames required in the Federal Oil and Gas 
Royalty Simplification and Fairness Act of 1996. However, the final 
rule does not contain the substantive changes required to change the 
appeals process from a 2-step to a 1-step process as originally 
proposed in the proposed rule.
    The MMS is revising this information collection to cover the 
reporting requirements contained in the final rule. These requirements 
are located in 30 CFR parts 250 and 290. Refer to the burden chart for 
identified reporting requirements and associated burden hours. 
Submission of the information in this collection is necessary for MMS 
to initiate and track appeals of disputed orders. Proprietary 
information that is submitted is protected, and there are no questions 
of a sensitive nature included in this information collection.
    Frequency: On occasion.
    Estimated Number and Description of Respondents: 180 Federal or 
Indian lessees.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 
13,615 hours.
    The table below is a breakdown of the burden hours by CFR section 
and paragraph:

----------------------------------------------------------------------------------------------------------------
                                                                              Annual       Burden       Annual
             30 CFR section                         Requirement             number of    hours per      burden
                                                                            responses     response      hours
----------------------------------------------------------------------------------------------------------------
250.1409(a), (b)(1) and 2...............  (a) When you receive the                  10            1           10
                                           Reviewing Officer's final
                                           decision, you have 60 days to
                                           either pay the penalty or file
                                           an appeal in accordance with
                                           30 CFR part 290 * * * (b) If
                                           you file an appeal, you must
                                           either: (1) Submit a surety
                                           bond * * * or (2) Notify the
                                           Regional Adjudication Office *
                                           * * that you want your lease-
                                           specific/area-wide bond on
                                           file to be used as the bond
                                           for the penalty amount.
290.4(a) and (b)(1).....................  For your appeal to be filed,              10           10          100
                                           MMS must receive all of the
                                           following within 60 days after
                                           you receive the decision or
                                           order: (a) A written Notice of
                                           Appeal together with a copy of
                                           the decision or order you are
                                           appealing * * * (b) A
                                           nonrefundable processing fee
                                           of $150 paid with the Notice
                                           of Appeal * * * (1) Identify
                                           the order you are appealing on
                                           the check or other form of
                                           payment * * *.
290.7(a)(2).............................  The decision or order is               (\1\)
                                           effective during the 60-day
                                           period for filing an appeal *
                                           * * unless (2) You post a
                                           surety bond under 30 CFR
                                           250.1409 pending the appeal *
                                           * *.
290.105 (a)(1) and (2)..................  (a) You may appeal an order to           150           90       13,500
                                           the Director, Minerals
                                           Management Service * * * by
                                           filing a Notice of Appeal in
                                           the office of the official
                                           issuing the order within 30
                                           days from service of the order
                                           * * * (1) Within the same 30-
                                           day period, you must file * *
                                           * a statement of reasons or
                                           written arguments or briefs *
                                           * * (2) If you are a designee,
                                           when you file your Notice of
                                           Appeal, you must serve your
                                           Notice of Appeal on the
                                           lessees for the leases in the
                                           order you appealed.
290.106(a)..............................  (a) If you are a lessee, * * *            10           .5            5
                                           you may join in that appeal *
                                           * * by filing a Notice of
                                           Joinder with the office or
                                           official that issued the order.
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    Totals..............................  ...............................          180  ...........       13,615
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\1\ Burden covered in Sec.  250.1409.

    Estimated Annual Reporting and Recordkeeping ``Non-hour Cost'' 
Burden: We have identified no ``non-hour cost'' burdens.
    Comments: The PRA (44 U.S.C. 3501, et seq.) provides that 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

[[Page 9318]]

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 recordkeepers 
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.
    Public Comment Policy. We will 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 that we withhold their 
home address from the public 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: February 8, 2002.
Milton K. Dial,
Acting Associate Director for Minerals Revenue Management.
[FR Doc. 02-4752 Filed 2-27-02; 8:45 am]
BILLING CODE 4310-MR-P