[Federal Register Volume 67, Number 236 (Monday, December 9, 2002)]
[Notices]
[Pages 72972-72974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31042]


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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 [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 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 [email protected].

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:

----------------------------------------------------------------------------------------------------------------
                                                                   Burden hours    Annual number   Annual burden
      Proposed 30 CFR section           Reporting requirement      per response    of responses        hours
----------------------------------------------------------------------------------------------------------------
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).
                                                                 -----------------
                                    Total.......................  ..............           6,075          2,363
----------------------------------------------------------------------------------------------------------------
\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]
BILLING CODE 4310-MR-P