[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Notices]
[Pages 45988-45990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17407]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Submitted for Office of 
Management and Budget (OMB) Review; 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 submitting to OMB for review and approval an information collection 
request (ICR) titled ``Administrative Appeal Procedures'' (formerly 
titled ``Preliminary Statement of Issues and Fee Waiver''). We are also 
soliciting comments from the public on this ICR.

DATES: Submit written comments on or before August 12, 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 1010-0107), 725 17th Street, NW., 
Washington, DC 20503. Also, submit copies of your written comments to 
Carol Shelby, Regulatory Specialist, Minerals Management Service, MS 
320B2, PO 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 e-mail 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 or FAX (303) 231-3385.

SUPPLEMENTARY INFORMATION:
    Title: Administrative Appeal Procedures.
    OMB Control Number: 1010-0121.
    Bureau Form Numbers: None.
    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.
    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. MMS 
submitted an information collection request entitled ``Preliminary 
Statement of Issues and Fee Waiver'' to cover the information 
collection requirements in that proposed rule. OMB approved that 
request on April 13, 1999, and assigned OMB Control Number 1010-0121.
    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.
    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

[[Page 45989]]

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: 170 lessees or 
designees.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 265 
hours. See the following chart for a breakdown of the burden estimate 
by CFR section and paragraph.

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                                                                              Annual       Burden       Annual
             30 CFR Section                         Requirement             number of    hours per      burden
                                                                            responses     response      hours
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250.1409 (a); (b)(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) [see Sec.
                                           250.1409(b)(1) below] 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  * * *.
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250.1409 (b)(1).........................  (b) If you file an appeal, you         (\1\)  ...........  ...........
                                           must either: (1) Submit a
                                           surety bond * * * or (2) [see
                                           Sec.  250.1409(b)(2) above] *
                                           * *.
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290.4(a), (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 * * *.
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290.7(a)(2).............................  (a) The decision or order is           (\1\)  ...........  ...........
                                           effective during the 60-day
                                           period for filing an appeal *
                                           * * unless (1) * * * or (2)
                                           you post a surety bond under
                                           30 CFR 250.1409 pending the
                                           appeal * * *.
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290.105(a)(1) and (2)...................  (a) You may appeal an order to           150            1          150
                                           the Director, Minerals                (\2\)
                                           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.
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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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    Total...............................  ...............................          180  ...........         265
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\1\ Burden covered in OMB Control Number 1010-0006.
\2\ The statement of reasons required in 30 CFR 290.105(a)(1) is part of the administrative appeals process and
  is exempt from the Paperwork Reduction Act of 1995. Consequently, the burden for preparation of the statement
  of reasons is not included in this information collection request.

    Estimated Annual Reporting and Recordkeeping ``Non-hour'' Burden: 
We have identified $1,500 of ``non-hour'' cost burden.
    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 February 28, 
2002, we published a Federal Register notice (67 FR 9316) with the 
required 60-day comment period announcing that we would submit this ICR 
to OMB for approval. We received comments from one organization. We 
responded to the comments in our ICR submission for OMB approval. We 
have posted a copy of the ICR at our Internet Web site http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.hem. 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 
August 12, 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.

[[Page 45990]]

    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: July 2, 2002.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 02-17407 Filed 7-10-02; 8:45 am]
BILLING CODE 4310-MR-P