[Federal Register Volume 67, Number 86 (Friday, May 3, 2002)]
[Notices]
[Pages 22445-22447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10987]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[OMB Control Number 1010-0122]


Agency Information Collection Activities: Submitted for Office of 
Management and Budget (OMB) Review; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of an extension of a currently approved information 
collection (OMB Control Number 1010-0122).

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SUMMARY: To comply with the Paperwork Reduction Act (PRA) of 1995, we 
are submitting to OMB for review and approval an information collection 
request (ICR) titled ``30 CFR part 243 Suspensions Pending Appeal and 
Bonding'' (formerly titled ``Filing Sureties''). We are also soliciting 
comments from the public on this ICR.

DATES: Submit written comments on or before June 3, 2002.

ADDRESSES: Submit written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for the Department of 
the Interior (OMB Control Number 1010-0122), 725 17th Street, NW, 
Washington, D.C. 20503. Also, submit copies of your written comments to 
Carol Shelby, Regulatory Specialist, Minerals Management Service, MS 
320B2, P.O. Box 25165, 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. You may also submit your 
comments at our email address [email protected]. 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 that we have received your email, contact Ms. Shelby at 
(303) 231-3151 or FAX (303) 231-3385.

FOR FURTHER INFORMATION CONTACT: Carol Shelby, Regulatory Specialist, 
phone (303) 231-3151, FAX (303) 231-3385, or email 
[email protected].

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR part 243 Suspensions Pending Appeal and Bonding 
(formerly titled ``Filing Sureties'').
    OMB Control Number: 1010-0122.
    Bureau Form Number: Forms MMS-4435 and MMS-4436.

[[Page 22446]]

    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 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 also has an Indian trust 
responsibility to manage Indian lands and seek advice and information 
from Indian beneficiaries. MMS performs the royalty management 
functions for the Secretary.
    Regulations in 30 CFR part 243 allow lessees, designees, or payors 
who can demonstrate that they are financially solvent to stay the 
effectiveness of an MMS order or decision without posting a surety 
instrument (Federal leases only). For those who are not financially 
solvent or for appeals involving Indian leases, MMS requires that a 
surety instrument be posted to secure the financial interests of the 
public and Indian lessors during the entire administrative or judicial 
appeal process. A surety instrument is a formal guarantee of payment in 
case of default. MMS accepts the following types of surety instruments:
     Form MMS-4435, Administrative Appeal Bond;
     Form MMS-4436, Letter of Credit;
     Certificates of Deposit; and
     U.S. Treasury Securities.
    This information collection covers the hour burden associated with 
submitting annual audited financial statements or the surety 
instruments listed above. Submission of the information in this 
collection is necessary to stay the effectiveness of an MMS order or 
decision issued for a Federal and Indian property. 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: 300 Federal or 
Indian lessees.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 300 
hours.

----------------------------------------------------------------------------------------------------------------
                                   Reporting or recordkeeping      Burden hours    Annual number   Annual burden
        30 CFR section                     requirement             per response    of responses        hours
----------------------------------------------------------------------------------------------------------------
243.4(a); 243.6; 243.7(a);      If you timely appeal an order,                 1             200             200
 243.8(a)(2) and (b)(2);         and if that order or portion of
 243.101(b); 243.201             that order requires you to make
 (d)(2)(ii); 243.202(c).         a payment, and you want to
                                 suspend compliance with that
                                 order, you must post a bond or
                                 other surety instrument or
                                 demonstrate financial solvency
                                 * * * If you must meet the
                                 bonding or financial solvency
                                 requirements nunder Sec.
                                 243.4(a)(1), or if another
                                 person is meeting your bonding
                                 or financial solvency
                                 requirements, then either you
                                 or the other person must post a
                                 bond or other surety instrument
                                 or demonstrate financial
                                 solvency within 60 days after
                                 you receive the order or the
                                 Notice of Order * * * If you
                                 assume an appellant's
                                 responsibility to post a bond
                                 or other surety instrument or
                                 demonstrate financial solvency
                                 * * * you must notify MMS in
                                 writing * * * that you are
                                 assuming responsibility * * *
                                 Federal leases. If the amount
                                 under appeal is $10,000 or
                                 more, MMS will suspend your
                                 obligation to comply with that
                                 order if you (i) Submit an MMS-
                                 specified surety instrument
                                 under subpart B of this part
                                 within a time period MMS
                                 prescribes; or (ii) Demonstrate
                                 financial solvency under
                                 subpart C. Indian leases. If
                                 the amount under appeal is
                                 $1,000 or more, MMS will
                                 suspend your obligation to
                                 comply with that order if you
                                 submit an MMS-specified surety
                                 instrument under subpart B of
                                 this part within a time period
                                 MMS prescribes. If your appeal
                                 is not decided within 1 year
                                 from the filing date, you must
                                 increase the surety amount to
                                 cover additional estimated
                                 interest for another 1-year
                                 period. You must continue to do
                                 this annually on the date your
                                 appeal was filed * * * For us
                                 to consider you financially
                                 solvent, the business-
                                 information or credit-reporting
                                 service or program must
                                 demonstrate your degree of risk
                                 as low to moderate. If our bond-
                                 approving officer determines
                                 that the business-information
                                 or credit-reporting service or
                                 program information does not
                                 demonstrate your financial
                                 solvency to our satisfaction,
                                 our bond-approving officer will
                                 require you to post a bond or
                                 other surety instrument under
                                 subpart B or pay the obligation
                                 * * * If our bond-approving
                                 officer determines that you are
                                 no longer financially solvent,
                                 you must post a bond or other
                                 MMS-specified surety instrument
                                 under subpart B.

[[Page 22447]]

 
243.200(a) and (b);             To demonstrate financial                       1             100             100
 243.201(c)(1) and (2)(ii).      solvency under this part, you
                                 must submit an audited
                                 consolidated balance sheet,
                                 and, if requested by the date
                                 MMS bond-approving officer, up
                                 to 3 years of tax returns to
                                 the MMS, Debt Collection
                                 Section * * * You you must
                                 submit an audited consolidated
                                 balance sheet annually, and, if
                                 requested, additional annual
                                 tax returns on the date MMS
                                 first determined that you
                                 demonstrated financial solvency
                                 as long as you have active
                                 appeals, or whenever MMS
                                 requests. If your net worth,
                                 minus the amount we would
                                 require as surety under subpart
                                 B for all orders you have
                                 appealed is less than $300
                                 million, you must submit * * *
                                 a written request asking us to
                                 consult a business-information,
                                 or credit-reporting service
                                 program to determine your
                                 financial solvency; and a
                                 nonrefundable $50 processing
                                 fee. You must submit the fee
                                 with your request * * * and
                                 then annually on the date we
                                 first determined that you
                                 demonstrated financial
                                 solvency, as long as are not
                                 able to demonstrate financial
                                 solvency * * * and you have
                                 active appeals.
                                                                                 -------------------------------
    Total.....................    ..............................                             300             300
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Reporting and Recordkeeping ``Non-hour'' Burden: 
Estimated ``non-hour costs'' are $1,250 consisting of a $50 fee from 
each of 25 appellants for which MMS must consult a business information 
or credit reporting service.
    Comments: Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, et 
seq.) 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.
    To comply with the public consultation process, on January 14, 
2002, we published a Federal Register notice (67 FR 1781) with the 
required 60-day comment period announcing that we would submit this ICR 
to OMB for approval. We did not receive any comments on the notice. We 
have posted a copy of the ICR at our Internet web site http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm. We will also provide 
a copy of the ICR to you without charge upon request.
    If you wish to comment in response to this notice, please send your 
comments directly to the offices listed under the ADDRESSES section of 
this notice. OMB has up to 60 days to approve or disapprove the 
information collection but may respond after 30 days. Therefore, to 
ensure maximum consideration, OMB should receive your comments by June 
3, 2002. The PRA 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.
    Public Comment Policy: We will post all comments received in 
response to this notice on our Internet web site at http://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm for public review. We 
also make copies of these comments, including names and home addresses 
of respondents, available for public review during regular business 
hours at our offices in Lakewood, Colorado.
    Individual respondents may request that we withhold their home 
address from the record, which we will honor to the extent allowable by 
law. There may be circumstances in which we would withhold from the 
record a respondent's identity, as allowable by the law. If you wish us 
to withhold your name and/or address, you must state this prominently 
at the beginning of your comments. 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, 
telephone (202) 208-7744.

    Dated: April 12, 2002.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 02-10987 Filed 5-2-02; 8:45 am]
BILLING CODE 4310-MR-U