Agency Information Collection Activities: Proposed Collection, Comment Request, 11027-11032 [05-4333]
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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
11027
on-site at the discretion of the Indian
Highway Safety Program Administrator.
DEPARTMENT OF THE INTERIOR
DEPARTMENT OF THE INTERIOR
Dated: February 11, 2005.
David W. Anderson,
Assistant Secretary—Indian Affairs.
[FR Doc. 05–4367 Filed 3–4–05; 8:45 am]
Bureau of Indian Affairs
Minerals Management Service
Indian Gaming
Agency Information Collection
Activities: Proposed Collection,
Comment Request
BILLING CODE 4310–5H–P
Interior.
AGENCY:
Bureau of Indian Affairs,
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
SUMMARY: Notice is given that the
Amendment to the Tribal-State Compact
between the St. Regis Mohawk Tribe
and the State of New York is considered
to have been approved and is in effect.
Indian Gaming
Bureau of Indian Affairs,
Interior.
ACTION: Notice of Class III Gaming
Compact taking effect.
AGENCY:
EFFECTIVE DATE:
Notice is given that the
Tribal-State Gaming Compact between
the Seneca-Cayuga Tribe and the State
of Oklahoma is considered approved
and is in effect.
EFFECTIVE DATE: March 7, 2005.
FOR FURTHER INFORMATION CONTACT:
George T. Skibine, Director, Office of
Indian Gaming Management, Office of
the Deputy Assistant Secretary—Policy
and Economic Development,
Washington, DC 20240, (202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
Section 11 (d)(7)(D) of the Indian
Gaming Regulatory Act of 1988 (IGRA),
Pub. L. 100–497, 25 U.S.C. 2710, the
Secretary of the Interior must publish in
the Federal Register notice of any
Tribal-State compact that is approved,
or considered to have been approved for
the purpose of engaging in Class III
gaming activities on Indian lands. The
Acting Principal Deputy Assistant
Secretary—Indian Affairs, Department
of the Interior, through his delegated
authority did not approve or disapprove
this compact before the date that was 45
days after the date it was submitted.
Therefore, pursuant to 25 U.S.C.
2710(d)(7)(C), this compact is
considered approved but only to the
extent it is consistent with IGRA. This
compact authorizes the Seneca-Cayuga
Tribe to engage in certain Class III
gaming activities, provides for certain
geographical exclusivity, limits the
number of gaming machines at existing
racetracks, and prohibits non-tribal
operation of certain machines and
covered games, and takes effect on the
date the approval is published in the
Federal Register.
SUMMARY:
Dated: February 11, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
[FR Doc. 05–4366 Filed 3–4–05; 8:45 am]
March 7, 2005.
FOR FURTHER INFORMATION CONTACT:
George T. Skibine, Director, Office of
Indian Gaming Management, Office of
the Deputy Assistant Secretary—Policy
and Economic Development,
Washington, DC 20240, (202) 219–4066.
Under
Section 11 (d)(7)(D) of the Indian
Gaming Regulatory Act of 1988 (IGRA),
Pub. L. 100–497, 25 U.S.C. 2710, the
Secretary of the Interior must publish in
the Federal Register notice of any
Tribal-State compact that is approved,
or considered to have been approved for
the purpose of engaging in Class III
gaming activities on Indian lands. The
Acting Principal Deputy Assistant
Secretary—Indian Affairs, Department
of the Interior, through his delegated
authority did not approve or disapprove
this Amendment before the date that is
45 days after the date it was submitted.
Therefore, pursuant to 25 U.S.C.
2710(d)(7)(C), this Amendment is
considered to have been approved, but
only to the extent it is consistent with
IGRA. This Amendment authorizes the
tribes to engage in certain Class III
gaming activities, provides for certain
geographical exclusivity, prohibits the
Tribe from conducting video lottery
terminals, and prohibits non-tribal
operation of slot machines. It takes
effect on the date the approval is
published in the Federal Register.
SUPPLEMENTARY INFORMATION:
Dated: February 10, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
[FR Doc. 05–4365 Filed 3–4–05; 8:45 am]
BILLING CODE 4310–4N–P
BILLING CODE 4310–4N–P
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Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of a
currently approved information
collection (OMB Control Number 1010–
0119).
AGENCY:
Notice of Class III Gaming
Amendment taking effect.
ACTION:
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SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), 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 title of this information collection
request (ICR) is ‘‘30 CFR 208—Sale of
Federal Royalty Oil; Sale of Federal
Royalty Gas; and Commercial Contracts
(Forms MMS–4070, Application for the
Purchase of Royalty Oil; MMS–4071,
Letter of Credit; and MMS–4072,
Royalty-in-Kind Contract Surety
Bond).’’ We changed the title of this ICR
to clarify the regulatory language we are
covering under 30 CFR part 208 and the
Royalty-in-Kind (RIK) 5-Year Business
Plan, and to reflect OMB consolidation
approval of five RIK-related ICRs. Those
ICRs were titled:
• 1010–0042: 30 CFR part 208—Sale
of Federal Royalty Oil; Royalty-in-Kind
(RIK) Program (Form MMS–4070,
Application for the Purchase of Royalty
Oil);
• 1010–0119: 30 CFR part 208—Sale
of Federal Royalty Oil, Royalty Oil Sales
to Eligible Refiners (30 CFR 208.4(a) and
(d));
• 1010–0126: Royalty-in-Kind (RIK)
Pilot Program Directed Communications
by Operators of Federal Oil and Gas
Leases;
• 1010–0129: Royalty-in-Kind Pilot
Program—Offers, Financial Statements,
and Surety Instruments for Sales of
Royalty Oil and Gas; and
• 1010–0135: 30 CFR 208.11(a), (b),
(d), and (e)—Surety Requirements
(Forms MMS–4071 and MMS–4072).
In the five ICRs, much of the general
information was repeated and cross
referenced. This consolidated ICR 1010–
0119 eliminates that duplication of
effort and redundancy of data. It also
provides for all RIK informationcollection requirements to be reviewed
on a MMS RIK operational programwide basis.
DATES: Submit written comments on or
before May 6, 2005.
ADDRESSES: Submit written comments
to Sharron L. Gebhardt, Lead Regulatory
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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
Specialist, Minerals Management
Service, Minerals Revenue Management,
PO Box 25165, MS 302B2, 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 that
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) 231–3781, or e-mail
sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 208—Sale of Federal
Royalty Oil; Sale of Federal Royalty Gas;
and Commercial Contracts (Forms
MMS–4070, Application for the
Purchase of Royalty Oil; MMS–4071,
Letter of Credit; and MMS–4072,
Royalty-in-Kind Contract Surety Bond).
OMB Control Number: 1010–0119.
Bureau Form Number: Forms MMS–
4070, MMS–4071, and MMS–4072.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for collecting royalties from lessees who
produce minerals from leased Federal
and Indian lands and the Outer
Continental Shelf (OCS). The Secretary
is required by various laws to manage
mineral resources production on
Federal and Indian lands, collect the
royalties due, and distribute the funds
in accordance with those laws. The
MMS performs the royalty management
functions for the Secretary.
The MMS is responsible for ensuring
that all revenues from Federal and
Indian mineral leases are accurately
collected, accounted for, and disbursed
to recipients. Historically, most of these
revenues have been received in the form
of cash royalty payments, i.e., royalty in
value payments. These payments are
paid by mineral development interests.
In recent years, MMS had conducted
pilots to test the approach of taking
royalties in kind.
The Federal Government’s MMS RIK
pilot program has become a permanent
operational program after several years
of pilot project testing. The MMS RIK
operational program takes payment from
mineral lessees ‘‘in kind’’ in the form of
produced crude oil and natural gas
volumes, rather than in cash payments.
The lessee transfers the title of the oil
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or gas to the Federal Government, and
MMS sells the received product (oil or
gas) to agents in the marketplace and
disburses revenues as prescribed by law.
The MMS sells some product
competitively in the unrestricted
marketplace, and other RIK product is
sold competitively to eligible refiners (a
small and independent refiner, as
defined in 30 CFR 208.2). Additionally,
when directed, MMS delivers the RIK
product to other Federal Agencies, as
has been the case during the fill of the
Strategic Petroleum Reserve (SPR),
directed by the President in 2001, with
scheduled completion in 2005.
Specifically, within the MMS RIK
operational program, RIK conducts the
eligible refiner program and the SPR
program, in addition to the Wyoming
crude oil, offshore unrestricted crude
oil, and offshore natural gas programs.
The MMS has consolidated and
revised existing procedures and policies
guiding the sale of onshore and offshore
royalty crude oil and natural gas to
establish uniformity within the
regulatory and operational framework,
to provide industry with a more
efficient and responsive MMS RIK
operational program, and to improve the
Federal Government’s administration of
this program. For example, several of
the reporting requirements for eligible
refiners under 30 CFR part 208 have
been combined with reporting
requirements for other RIK purchasers.
However, due to the unique nature of
the sale of crude oil to eligible refiners,
certain requirements pertain only to that
eligible refiner program.
Applicable citations of the laws
pertaining to the taking and selling of
the Federal Government’s royalty share
of mineral leases in the form of
production (royalties ‘‘in kind’’) include
30 CFR part 208; Mineral Leasing Act of
1920, section 36, as amended (30 U.S.C.
192); Outer Continental Shelf Lands Act
of 1953, section 27, as amended (43
U.S.C. 1353); 30 U.S.C. 189 pertaining to
Public Lands; 30 U.S.C. 359 pertaining
to Acquired Lands; and 43 U.S.C. 1334
pertaining to OCS Lands. These
citations, as well as specific language in
the actual lease documents, authorize
the Secretary to sell royalty oil and gas
accruing to the United States. The
standard lease terms state that royalties
are due in amount or in value. In
addition, these citations authorize the
Secretary to prescribe proper rules and
regulations and to do any and all things
necessary to accomplish the purpose of
applicable laws. The MMS directs
communications between MMS
operators and RIK purchasers through
commercial contracts, situation-specific
‘‘Dear Operator’’ letters, or in the case of
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eligible refiners, through regulations at
30 CFR part 208. Proprietary
information submitted to MMS under
this collection is protected, and no
items of a sensitive nature are collected.
Eligible Refiner Information—This
information was previously collected
under ICRs 1010–0042 and 1010–0119.
When the Secretary determines that
eligible refiners do not have access to
adequate supplies of oil, the Secretary
may dispose of any royalty oil taken by
conducting a sale of such oil, through an
allocation process to eligible refiners.
For the eligible refiners to participate in
the eligible refiner RIK program,
according to 30 CFR 208.4(a) and (b),
MMS periodically completes a needs
assessment to determine if eligible
refiners continue to require access to
domestic crude oil at competitive
prices. The most recent assessment was
completed in early 2004. The first step
in this process is to issue a Federal
Register notice requesting specific
information from eligible refiners.
Under 30 CFR 208.4(c), the MMS, on
behalf of the Secretary, performs a
Determination of Need prior to issuing
a notice of availability of sale in the
Federal Register, advising industry of a
forthcoming RIK crude oil sale for
eligible refiners. The MMS uses the
feedback from the Determination of
Need respondents (eligible refiners or
other interested parties, such as lessees
or operators) to assess current
marketplace conditions, i.e., whether
small and independent eligible refiners
have access to ongoing supplies of crude
oil at equitable prices. If MMS
determines that eligible refiners do not
have adequate access to crude oil
supplies, MMS then takes the Federal
Government’s royalty oil in kind and
offers the oil for sale to eligible refiners.
The eligible refiners interested in
purchasing royalty oil must submit
Form MMS–4070, Application for the
Purchase of Royalty Oil, in accordance
with instructions in the Determination
of Need notice and instructions issued
by MMS for completion of the form. The
Federal Government’s administration of
the eligible refiner program is aided
significantly by the collection of
information requested on Form MMS–
4070. The MMS uses the information
collected on Form MMS–4070 to
determine the eligibility of refiners
wanting to enter into contracts to
purchase royalty oil and to provide a
basis for the allocation of available
royalty oil among eligible refiners, when
necessary; that is, they meet the small
refiner eligibility requirements issued
by the Small Business Administration,
as explained under 30 CFR 208.6. Under
30 CFR 208.10(e), eligible refiners who
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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
purchase royalty oil cannot transfer,
assign, or sell their rights or interest in
a royalty oil contract without written
approval of the Director, MMS. This
provision is intended to ensure that
only qualified eligible refiners benefit
from these sales of royalty oil.
Directed Communications by
Operators of Federal Oil and Gas
Leases—This information was
previously collected under ICR 1010–
0126.
Collection of RIK oil and gas for
eligible refiners and other RIK
purchasers requires communication
between MMS and the operators of a
lease to ensure accurate and timely
delivery of MMS’s royalty share of
production volumes. In order to take
MMS’s crude oil or natural gas in kind,
MMS, as the responsible steward of oil
and gas royalties, must direct operators
of affected MMS leases to provide three
types of communication:
• Report information about the
projected volumes and qualities of RIK
crude oil or natural gas production the
operator expects to make available for
delivery in the following month, and
report corrections to those projected
volumes and qualities for previous
months, submitting monthly no later
than 10 days before the first day of
following month;
• Report cost/invoicing information
about transportation charges incurred
for delivering the RIK product to the
delivery point, when applicable; and
• Report month-end summary
information (lease imbalance statement)
regarding total RIK crude oil or natural
gas volumes and qualities needed to
carry over to the next month to resolve
aggregated imbalances that have
occurred in prior months of RIK
deliveries.
These information requirements are
standard business practices in the oil
and gas industry.
In marketing the product, information
received through MMS’s directed
communication is essential for MMS to
ensure the delivery and acceptance of
verifiable quantities and qualities of oil
and gas. In cases when MMS is directed
to deliver the product to other Federal
Agencies, these types of information are
necessary so that exchange contractors
can arrange to timely accept accurate
amounts and qualities of royalty oil that
will be delivered by MMS’s exchange
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partner and for MMS to verify timely
fulfillment of operators’ and lessees’
royalty obligations to the Federal
Government.
Third-Party Agreements—This
information was previously collected
under ICR 1010–0042.
Title 30 CFR 208.9 requires that
eligible refiners who purchase royalty
oil must submit to MMS two copies of
any written third-party agreements, or
two copies of a complete written
explanation of any oral third-party
agreements, relating to the method and
costs of delivery of royalty oil, or crude
oil exchanged for the royalty oil, from
the point of delivery under the contract
to the purchaser’s refinery. Also, this
section requires that the purchaser must
submit copies of agreements pertaining
to quality differentials that may occur
between the lease(s) and the delivery
point(s). However, in practice MMS
does not currently require the eligible
refiners to submit these agreements.
Offers, Financial Statements, and
Surety Instruments for Sales of Royalty
Oil and Gas—This information was
previously collected under ICRs 1010–
0129 and 1010–0135.
The Secretary is obligated to hold
competition when selling to the public
to protect actual RIK production before,
during, and after any sale, and to obtain
a fair return on royalty production sold.
The MMS must fulfill those obligations
for the Secretary. The reporting
requirements are (1) actual offers that
potential purchasers will submit when
MMS offers production for competitive
sale; (2) offerors’ statements of financial
qualification; and (3) surety
instruments, such as a Letter of Credit
(LOC), bond, prepayment, or parent
guaranty when financial qualification is
not sufficient.
The MMS will evaluate offers, which
competing potential purchasers may
choose to submit, in response to a
variety of types of offerings in the MMS
RIK operational program. The format for
offers will be specified in the offering
and may vary among offerings. The
MMS may offer royalty oil and gas
production by Invitation for Offers
(IFOs). The IFO will be open only to
offerors who have previously
established their qualifications. The
MMS will evaluate all offers to
determine which combination of price
and other terms comprises the best
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11029
return to the Federal Treasury and to
any affected State.
The MMS may request that a bidder
submit its public-available statement of
its financial condition (brought briefly
up to date, if needed) or other related
qualification information. The MMS
evaluates the qualification information
to determine whether bidders are
reliable to follow through on payment of
the dollar amount (or delivery of
exchange production) offered as they
bid, and to determine their ability to
timely perform activities attendant to
the taking of oil and/or gas. The MMS
performs this step to reduce the risk to
the Federal Government in these
transactions.
Under MMS’s current practice,
eligible refiners are subject to the same
requirements as other RIK purchasers
regarding MMS-acceptable surety
instruments and qualification
information. Reporting requirements in
30 CFR 208.11 discuss surety
instruments for eligible refiners. Surety
instruments include the broad field of
financial instruments that may be
collected, such as bonds, prepayments,
and parent guaranties. When required,
eligible refiners and other RIK
purchasers must provide surety
documents to protect the Federal
Government’s interest, such as but not
limited to, Form MMS–4071, Letter of
Credit; Form MMS–4072, Royalty-InKind Contract Surety Bond; or other
acceptable commercial surety, within 5
business days prior to the first delivery
under the contract. For bonds, MMS
requires a specific MMS-approved
format.
Frequency of Response: On occasion,
weekly, monthly, annually, frequency
varies within monthly reporting cycle,
or as necessary.
Estimated Number and Description of
Respondents: 145 Federal lessees and/or
operators; and 80 commercial oil and
gas purchasers and/or refiners.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 5,099
hours.
We are revising this ICR to include
reporting requirements that were
overlooked in the previous renewal, and
we have adjusted the burden hours
accordingly. The following chart shows
the breakdown of the estimated burden
hours by CFR section and paragraph.
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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
SECTION A.12.
Citation 30 CFR
part 208
BURDEN BREAKDOWN
Reporting and recordkeeping requirement
Average number of annual
responses
Hour burden
Annual burden
hours
8
32
Subpart A—General Provisions
208.4
208.4(a) ......................
208.4(b) ......................
208.4(c) .......................
208.4(d) ......................
Royalty Oil Sales to Eligible Refiners
(a) Determination to take royalty oil in kind. The Secretary may
evaluate crude oil market conditions from time to time. * * * The
Secretary will review these items and will determine whether eligible refiners have access to adequate supplies of crude oil and
whether such oil is available to eligible refiners at equitable
prices. * * *
(b) Sale to eligible refiners (1) * * * The Secretary may authorize
MMS to offer royalty oil for sale to eligible refiners only for use in
their refineries. * * *
(c) Upon a determination by the Secretary * * * that eligible refiners do have access to adequate supplies of crude oil at equitable
prices, MMS will not take royalties in kind from oil and gas leases
for exclusive sale to such refiners. * * *
(d) Interim sales. * * * The potentially eligible refiners, individually
or collectively, must submit documentation demonstrating that
adequate supplies of crude oil at equitable prices are not available for purchase. * * *
208.6
208.6(a) and (b) ..........
208.8(b) ......................
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Hour burden covered under § 208.4(a).
1.25
Frm 00096
11
1
1
1
Hour burden covered by OMB Control Number
1010–0140 (Form MMS–2014, expires 10/31/
2006).
This provision is no different than the transportation allowances allowed in 30 CFR 206 for
royalties paid in value. The lessee enters allowance amount on Form MMS–2014.
Agreements
(a) A purchaser must submit to MMS two copies of any written
third-party agreements, or two copies of a full written explanation
of any oral third- party agreements, relating to the method and
costs of delivery of royalty oil, or crude oil exchanged for the royalty oil, from the point of delivery under the contract to the purchaser’s refinery. In addition, the purchaser must submit copies
of agreements pertaining to quality differentials which may occur
between leases and delivery points.
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1
Transportation and Delivery
(a) * * * The purchaser must have physical access to the oil at the
alternate delivery point and such point must be approved by
MMS.
(b) * * * If the delivery point is on or immediately adjacent to the
lease, the royalty oil will be delivered without cost to the Federal
Government as an undivided portion of production in marketable
condition at pipeline connections or other facilities provided by
the lessee, unless other arrangements are approved by MMS. If
the delivery point is not on or immediately adjacent to the lease,
MMS will reimburse the lessee for the reasonable cost of transportation to such point in an amount not to exceed the transportation allowance determined pursuant to 30 CFR part 206. * * *
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10
0.25
(a) The MMS will examine each application and may request additional information if the information in the application is inadequate. * * *
18:15 Mar 04, 2005
8
Determination of Eligibility
208.9
208.9(a) ......................
Hour burden covered under § 208.4(a).
(a) To apply for the purchase of royalty oil, an applicant must file a
Form MMS–4070 with MMS in accordance with instructions provided in the ‘‘Notice of Availability of Royalty Oil’’ and in accordance with any instructions issued by MMS for completion of Form
MMS–4070. The applicant will be required to submit a letter of intent from a qualified financial institution stating that it would be
granted surety coverage for the royalty oil for which it is applying,
or other such proof of surety coverage, as deemed acceptable by
MMS. The letter of intent must be submitted with a completed
Form MMS–4070.
(b) In addition to any other application requirements specified in the
Notice, the following information is required on Form MMS–4070
at the time of application: * * *
208.8
208.8(a) ......................
Hour burden covered under § 208.4(a).
General Application Procedures
208.7
208.7(a) ......................
4
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8
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SECTION A.12.
Citation 30 CFR
part 208
BURDEN BREAKDOWN—Continued
Reporting and recordkeeping requirement
208.10
208.10(d)
208.11
208.11 (a), (b) (d), and
(e)
2
20
40
1
1
1
4
4
16
Surety Requirements [for eligible refiners]
(a) The eligible purchaser, prior to execution of the contract, shall
furnish an ‘‘MMS-specified surety instrument,’’ in an amount
equal to the estimated value of royalty oil that could be taken by
the purchaser in a 99-day period, plus related administrative
charges. * * *
(b) * * * The purchaser or its surety company may elect not to
renew the letter of credit at any monthly anniversary date, but
must notify MMS of its intent not to renew at least 30 days prior
to the anniversary date. * * *
(d) The ‘‘MMS-specified surety instrument’’ shall be in the form
specified by MMS instructions or approved by MMS. * * *
(e) All surety instruments must be in a form acceptable to MMS
and must include such other specific requirements as MMS may
require adequately to protect the Government’s interests.
208.15
208.15 .........................
Annual burden
hours
Notices
(d) After MMS notification that royalty oil will be taken in kind, the
operator shall be responsible for notifying each working interest
on the Federal lease. * * *
(e) A purchaser cannot transfer, assign, or sell its rights or interest
in a royalty oil contract without written approval of the Director,
MMS. * * * Without express written consent from MMS for a
change in ownership, the royalty oil contract shall be terminated.
* * *
208.10(e)
Average number of annual
responses
Hour burden
Audits
Audits of the accounts and books of lessees, operators, payors,
and/or purchasers of royalty oil taken in kind may be made annually or at other such times as may be directed by MMS. * * *
Produce Records: The ORA determined that the
audit process is not covered by the PRA because MMS staff asks non-standard questions
to resolve exceptions.
Directed Communications by Operators of Federal Oil and Gas Leases
Contract-Directed ........
Wyoming Oil .......................................................................................
Natural Gas [Texas 8G and Gulf of Mexico (GOM)] .........................
GOM Oil ..............................................................................................
SPR Fill Initiative (The SPR is expected to reach full capacity by
the end of FY 2005. At that point, MMS will shift SPR oil volumes
to the commercial GOM Oil RIK program. Thus, information-collection responses will continue at the same level after SPR is
filled to capacity.)
Eligible Refiners ..................................................................................
1
1
1
1
100
3,600
50
300
100
3,600
50
300
Hour burden covered under § 208.10(d).
Offers, Financial Statements, and Surety Instruments for Sales of Royalty Oil and Gas
Contract-Directed ........
Offers ..................................................................................................
Financial Statements ..........................................................................
Surety Instruments .............................................................................
1
1
4
840
20
20
840
20
80
Total Burden ........
.............................................................................................................
........................
4,981
5,099
1 Rounded
up from 0.25.
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour Cost’’
Burden: We have identified no ‘‘nonhour’’ cost burdens.
Public Disclosure Statement: 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
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18:50 Mar 04, 2005
Jkt 205001
displays a currently valid OMB control
number.
Comments: 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
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
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
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11032
Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
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, and 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. The ICR also will be
posted on our Web site at https://
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 https://
www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm. We also 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. Upon request, we
will withhold an individual
respondent’s home address from the
public record, as 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 your request
prominently at the beginning of your
comment. However, we will not
consider anonymous comments. We
will make all submissions from
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18:49 Mar 04, 2005
Jkt 205001
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: Arlene Bajusz (202)
208–7744.
Dated: February 23, 2005.
Richard Adamski,
Acting Associate Director for Minerals
Revenue Management.
[FR Doc. 05–4333 Filed 3–4–05; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Manufacturer of Controlled
Substances; Notice of Application
Pursuant to § 1301.33(a) of Title 21 of
the Code of Federal Regulations (CFR),
this is notice that on November 2, 2004,
Norac, Inc., 405 S. Motor Avenue, PO
Box 577, Azusa, California 91702, made
application by renewal to the Drug
Enforcement Administration (DEA) for
registration as a bulk manufacturer of
THC Tetrahydrocannabinols (7370), a
basic class of controlled substance listed
in Schedule I.
The company plans to manufacture
the listed controlled substances in bulk
for formulation into the pharmaceutical
controlled substance marinol.
Any other such applicant and any
person who is presently registered with
DEA to manufacture such a substance
may file comments or objections to the
issuance of the proposed registration
pursuant to 21 CFR 1301.33(a).
Any such comments or objections
being sent via regular mail may be
addressed, in quintuplicate, to the
Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement
Administration, Washington, DC 20537,
Attention: Federal Register
Representative, Liaison and Policy
Section (ODL) or any being sent via
express mail should be sent to DEA
Headquarters, Attention: DEA Federal
Register Representative/ODL, 2401
Jefferson-Davis Highway, Alexandria,
Virginia 22301; and must be filed no
later than May 6, 2005.
Dated: February 23, 2005.
William J. Walker,
Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration.
[FR Doc. 05–4290 Filed 3–4–05; 8:45 am]
BILLING CODE 4410–09–P
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
MEDICARE PAYMENT ADVISORY
COMMISSION
Commission Meeting
Medicare Payment Advisory
Commission.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: The Commission will hold its
next public meeting on Thursday,
March 10, 2005, and Friday, March 11,
2005, at the Ronald Reagan Building,
International Trade Center, 1300
Pennsylvania Avenue, NW.,
Washington, DC. The meeting is
tentatively scheduled to begin at 9:30
a.m. on March 10, and at 9 a.m. on
March 11.
Topics for discussion include findings
on congressionally mandated studies on
critical access hospitals and risk
adjustment and other issues related to
the adjusted average per capita cost
(AAPCC). The Commission will also
discuss Medicare Advantage plans,
implementation issues with the new
Medicare Part D benefit, outpatient
pharmacy services in hospitals, and
reform issues for various post-acute care
settings. The Commission will also host
a panel on the use of clinical- and costeffectiveness information by Medicare.
Agendas will be e-mailed
approximately one week prior to the
meeting. The final agenda will be
available on the Commission’s Web site
(https://www.MedPAC.gov).
ADDRESSES: MedPAC’s address is: 601
New Jersey Avenue, NW., Suite 9000,
Washington, DC 2001. The telephone
number is (202) 220–3700.
FOR FURTHER INFORMATION CONTACT:
Diane Ellison, Office Manager, (202)
220–3700.
Mark E. Miller,
Executive Director.
[FR Doc. 05–4380 Filed 3–4–05; 8:45 am]
BILLING CODE 6820–BW–M
MILLENNIUM CHALLENGE
CORPORATION
[MCC FR 05–03]
Revised Notice of March 14, 2005
Millennium Challenge Corporation
Board of Directors Meeting; Sunshine
Act Meeting
Millennium Challenge
Corporation.
TIME AND DATE: 10 a.m.–12 p.m.,
Monday, March 14, 2005.
PLACE: Department of State, C Street
Entrance, Washington, DC 20520.
FOR FURTHER INFORMATION CONTACT:
Information on the meeting may be
AGENCY:
E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Notices]
[Pages 11027-11032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4333]
-----------------------------------------------------------------------
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 1010-0119).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), 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 title of this information collection request (ICR) is
``30 CFR 208--Sale of Federal Royalty Oil; Sale of Federal Royalty Gas;
and Commercial Contracts (Forms MMS-4070, Application for the Purchase
of Royalty Oil; MMS-4071, Letter of Credit; and MMS-4072, Royalty-in-
Kind Contract Surety Bond).'' We changed the title of this ICR to
clarify the regulatory language we are covering under 30 CFR part 208
and the Royalty-in-Kind (RIK) 5-Year Business Plan, and to reflect OMB
consolidation approval of five RIK-related ICRs. Those ICRs were
titled:
1010-0042: 30 CFR part 208--Sale of Federal Royalty Oil;
Royalty-in-Kind (RIK) Program (Form MMS-4070, Application for the
Purchase of Royalty Oil);
1010-0119: 30 CFR part 208--Sale of Federal Royalty Oil,
Royalty Oil Sales to Eligible Refiners (30 CFR 208.4(a) and (d));
1010-0126: Royalty-in-Kind (RIK) Pilot Program Directed
Communications by Operators of Federal Oil and Gas Leases;
1010-0129: Royalty-in-Kind Pilot Program--Offers,
Financial Statements, and Surety Instruments for Sales of Royalty Oil
and Gas; and
1010-0135: 30 CFR 208.11(a), (b), (d), and (e)--Surety
Requirements (Forms MMS-4071 and MMS-4072).
In the five ICRs, much of the general information was repeated and
cross referenced. This consolidated ICR 1010-0119 eliminates that
duplication of effort and redundancy of data. It also provides for all
RIK information-collection requirements to be reviewed on a MMS RIK
operational program-wide basis.
DATES: Submit written comments on or before May 6, 2005.
ADDRESSES: Submit written comments to Sharron L. Gebhardt, Lead
Regulatory
[[Page 11028]]
Specialist, Minerals Management Service, Minerals Revenue Management,
PO Box 25165, MS 302B2, 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 that 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) 231-3781, or e-mail sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 208--Sale of Federal Royalty Oil; Sale of Federal
Royalty Gas; and Commercial Contracts (Forms MMS-4070, Application for
the Purchase of Royalty Oil; MMS-4071, Letter of Credit; and MMS-4072,
Royalty-in-Kind Contract Surety Bond).
OMB Control Number: 1010-0119.
Bureau Form Number: Forms MMS-4070, MMS-4071, and MMS-4072.
Abstract: The Secretary of the U.S. Department of the Interior is
responsible for collecting royalties from lessees who produce minerals
from leased Federal and Indian lands and the Outer Continental Shelf
(OCS). The Secretary is required by various laws to manage mineral
resources production on Federal and Indian lands, collect the royalties
due, and distribute the funds in accordance with those laws. The MMS
performs the royalty management functions for the Secretary.
The MMS is responsible for ensuring that all revenues from Federal
and Indian mineral leases are accurately collected, accounted for, and
disbursed to recipients. Historically, most of these revenues have been
received in the form of cash royalty payments, i.e., royalty in value
payments. These payments are paid by mineral development interests. In
recent years, MMS had conducted pilots to test the approach of taking
royalties in kind.
The Federal Government's MMS RIK pilot program has become a
permanent operational program after several years of pilot project
testing. The MMS RIK operational program takes payment from mineral
lessees ``in kind'' in the form of produced crude oil and natural gas
volumes, rather than in cash payments. The lessee transfers the title
of the oil or gas to the Federal Government, and MMS sells the received
product (oil or gas) to agents in the marketplace and disburses
revenues as prescribed by law. The MMS sells some product competitively
in the unrestricted marketplace, and other RIK product is sold
competitively to eligible refiners (a small and independent refiner, as
defined in 30 CFR 208.2). Additionally, when directed, MMS delivers the
RIK product to other Federal Agencies, as has been the case during the
fill of the Strategic Petroleum Reserve (SPR), directed by the
President in 2001, with scheduled completion in 2005. Specifically,
within the MMS RIK operational program, RIK conducts the eligible
refiner program and the SPR program, in addition to the Wyoming crude
oil, offshore unrestricted crude oil, and offshore natural gas
programs.
The MMS has consolidated and revised existing procedures and
policies guiding the sale of onshore and offshore royalty crude oil and
natural gas to establish uniformity within the regulatory and
operational framework, to provide industry with a more efficient and
responsive MMS RIK operational program, and to improve the Federal
Government's administration of this program. For example, several of
the reporting requirements for eligible refiners under 30 CFR part 208
have been combined with reporting requirements for other RIK
purchasers. However, due to the unique nature of the sale of crude oil
to eligible refiners, certain requirements pertain only to that
eligible refiner program.
Applicable citations of the laws pertaining to the taking and
selling of the Federal Government's royalty share of mineral leases in
the form of production (royalties ``in kind'') include 30 CFR part 208;
Mineral Leasing Act of 1920, section 36, as amended (30 U.S.C. 192);
Outer Continental Shelf Lands Act of 1953, section 27, as amended (43
U.S.C. 1353); 30 U.S.C. 189 pertaining to Public Lands; 30 U.S.C. 359
pertaining to Acquired Lands; and 43 U.S.C. 1334 pertaining to OCS
Lands. These citations, as well as specific language in the actual
lease documents, authorize the Secretary to sell royalty oil and gas
accruing to the United States. The standard lease terms state that
royalties are due in amount or in value. In addition, these citations
authorize the Secretary to prescribe proper rules and regulations and
to do any and all things necessary to accomplish the purpose of
applicable laws. The MMS directs communications between MMS operators
and RIK purchasers through commercial contracts, situation-specific
``Dear Operator'' letters, or in the case of eligible refiners, through
regulations at 30 CFR part 208. Proprietary information submitted to
MMS under this collection is protected, and no items of a sensitive
nature are collected.
Eligible Refiner Information--This information was previously
collected under ICRs 1010-0042 and 1010-0119.
When the Secretary determines that eligible refiners do not have
access to adequate supplies of oil, the Secretary may dispose of any
royalty oil taken by conducting a sale of such oil, through an
allocation process to eligible refiners. For the eligible refiners to
participate in the eligible refiner RIK program, according to 30 CFR
208.4(a) and (b), MMS periodically completes a needs assessment to
determine if eligible refiners continue to require access to domestic
crude oil at competitive prices. The most recent assessment was
completed in early 2004. The first step in this process is to issue a
Federal Register notice requesting specific information from eligible
refiners.
Under 30 CFR 208.4(c), the MMS, on behalf of the Secretary,
performs a Determination of Need prior to issuing a notice of
availability of sale in the Federal Register, advising industry of a
forthcoming RIK crude oil sale for eligible refiners. The MMS uses the
feedback from the Determination of Need respondents (eligible refiners
or other interested parties, such as lessees or operators) to assess
current marketplace conditions, i.e., whether small and independent
eligible refiners have access to ongoing supplies of crude oil at
equitable prices. If MMS determines that eligible refiners do not have
adequate access to crude oil supplies, MMS then takes the Federal
Government's royalty oil in kind and offers the oil for sale to
eligible refiners.
The eligible refiners interested in purchasing royalty oil must
submit Form MMS-4070, Application for the Purchase of Royalty Oil, in
accordance with instructions in the Determination of Need notice and
instructions issued by MMS for completion of the form. The Federal
Government's administration of the eligible refiner program is aided
significantly by the collection of information requested on Form MMS-
4070. The MMS uses the information collected on Form MMS-4070 to
determine the eligibility of refiners wanting to enter into contracts
to purchase royalty oil and to provide a basis for the allocation of
available royalty oil among eligible refiners, when necessary; that is,
they meet the small refiner eligibility requirements issued by the
Small Business Administration, as explained under 30 CFR 208.6. Under
30 CFR 208.10(e), eligible refiners who
[[Page 11029]]
purchase royalty oil cannot transfer, assign, or sell their rights or
interest in a royalty oil contract without written approval of the
Director, MMS. This provision is intended to ensure that only qualified
eligible refiners benefit from these sales of royalty oil.
Directed Communications by Operators of Federal Oil and Gas
Leases--This information was previously collected under ICR 1010-0126.
Collection of RIK oil and gas for eligible refiners and other RIK
purchasers requires communication between MMS and the operators of a
lease to ensure accurate and timely delivery of MMS's royalty share of
production volumes. In order to take MMS's crude oil or natural gas in
kind, MMS, as the responsible steward of oil and gas royalties, must
direct operators of affected MMS leases to provide three types of
communication:
Report information about the projected volumes and
qualities of RIK crude oil or natural gas production the operator
expects to make available for delivery in the following month, and
report corrections to those projected volumes and qualities for
previous months, submitting monthly no later than 10 days before the
first day of following month;
Report cost/invoicing information about transportation
charges incurred for delivering the RIK product to the delivery point,
when applicable; and
Report month-end summary information (lease imbalance
statement) regarding total RIK crude oil or natural gas volumes and
qualities needed to carry over to the next month to resolve aggregated
imbalances that have occurred in prior months of RIK deliveries.
These information requirements are standard business practices in
the oil and gas industry.
In marketing the product, information received through MMS's
directed communication is essential for MMS to ensure the delivery and
acceptance of verifiable quantities and qualities of oil and gas. In
cases when MMS is directed to deliver the product to other Federal
Agencies, these types of information are necessary so that exchange
contractors can arrange to timely accept accurate amounts and qualities
of royalty oil that will be delivered by MMS's exchange partner and for
MMS to verify timely fulfillment of operators' and lessees' royalty
obligations to the Federal Government.
Third-Party Agreements--This information was previously collected
under ICR 1010-0042.
Title 30 CFR 208.9 requires that eligible refiners who purchase
royalty oil must submit to MMS two copies of any written third-party
agreements, or two copies of a complete written explanation of any oral
third-party agreements, relating to the method and costs of delivery of
royalty oil, or crude oil exchanged for the royalty oil, from the point
of delivery under the contract to the purchaser's refinery. Also, this
section requires that the purchaser must submit copies of agreements
pertaining to quality differentials that may occur between the lease(s)
and the delivery point(s). However, in practice MMS does not currently
require the eligible refiners to submit these agreements.
Offers, Financial Statements, and Surety Instruments for Sales of
Royalty Oil and Gas--This information was previously collected under
ICRs 1010-0129 and 1010-0135.
The Secretary is obligated to hold competition when selling to the
public to protect actual RIK production before, during, and after any
sale, and to obtain a fair return on royalty production sold. The MMS
must fulfill those obligations for the Secretary. The reporting
requirements are (1) actual offers that potential purchasers will
submit when MMS offers production for competitive sale; (2) offerors'
statements of financial qualification; and (3) surety instruments, such
as a Letter of Credit (LOC), bond, prepayment, or parent guaranty when
financial qualification is not sufficient.
The MMS will evaluate offers, which competing potential purchasers
may choose to submit, in response to a variety of types of offerings in
the MMS RIK operational program. The format for offers will be
specified in the offering and may vary among offerings. The MMS may
offer royalty oil and gas production by Invitation for Offers (IFOs).
The IFO will be open only to offerors who have previously established
their qualifications. The MMS will evaluate all offers to determine
which combination of price and other terms comprises the best return to
the Federal Treasury and to any affected State.
The MMS may request that a bidder submit its public-available
statement of its financial condition (brought briefly up to date, if
needed) or other related qualification information. The MMS evaluates
the qualification information to determine whether bidders are reliable
to follow through on payment of the dollar amount (or delivery of
exchange production) offered as they bid, and to determine their
ability to timely perform activities attendant to the taking of oil
and/or gas. The MMS performs this step to reduce the risk to the
Federal Government in these transactions.
Under MMS's current practice, eligible refiners are subject to the
same requirements as other RIK purchasers regarding MMS-acceptable
surety instruments and qualification information. Reporting
requirements in 30 CFR 208.11 discuss surety instruments for eligible
refiners. Surety instruments include the broad field of financial
instruments that may be collected, such as bonds, prepayments, and
parent guaranties. When required, eligible refiners and other RIK
purchasers must provide surety documents to protect the Federal
Government's interest, such as but not limited to, Form MMS-4071,
Letter of Credit; Form MMS-4072, Royalty-In-Kind Contract Surety Bond;
or other acceptable commercial surety, within 5 business days prior to
the first delivery under the contract. For bonds, MMS requires a
specific MMS-approved format.
Frequency of Response: On occasion, weekly, monthly, annually,
frequency varies within monthly reporting cycle, or as necessary.
Estimated Number and Description of Respondents: 145 Federal
lessees and/or operators; and 80 commercial oil and gas purchasers and/
or refiners.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 5,099
hours.
We are revising this ICR to include reporting requirements that
were overlooked in the previous renewal, and we have adjusted the
burden hours accordingly. The following chart shows the breakdown of
the estimated burden hours by CFR section and paragraph.
[[Page 11030]]
Section A.12. Burden Breakdown
----------------------------------------------------------------------------------------------------------------
Average number
Citation 30 CFR part 208 Reporting and recordkeeping Hour burden of annual Annual burden
requirement responses hours
----------------------------------------------------------------------------------------------------------------
Subpart A--General Provisions
----------------------------------------------------------------------------------------------------------------
208.4 Royalty Oil Sales to Eligible Refiners
----------------------------------------------------------------------------------------------------------------
208.4(a)...................... (a) Determination to take 4 8 32
royalty oil in kind. The
Secretary may evaluate crude
oil market conditions from time
to time. * * * The Secretary
will review these items and
will determine whether eligible
refiners have access to
adequate supplies of crude oil
and whether such oil is
available to eligible refiners
at equitable prices. * * *
208.4(b)...................... (b) Sale to eligible refiners Hour burden covered under Sec. 208.4(a).
(1) * * * The Secretary may
authorize MMS to offer royalty
oil for sale to eligible
refiners only for use in their
refineries. * * *
208.4(c)...................... (c) Upon a determination by the Hour burden covered under Sec. 208.4(a).
Secretary * * * that eligible
refiners do have access to
adequate supplies of crude oil
at equitable prices, MMS will
not take royalties in kind from
oil and gas leases for
exclusive sale to such
refiners. * * *
208.4(d)...................... (d) Interim sales. * * * The Hour burden covered under Sec. 208.4(a).
potentially eligible refiners,
individually or collectively,
must submit documentation
demonstrating that adequate
supplies of crude oil at
equitable prices are not
available for purchase. * * *
-------------------------------
208.6 General Application Procedures
----------------------------------------------------------------------------------------------------------------
208.6(a) and (b).............. (a) To apply for the purchase of 1.25 8 10
royalty oil, an applicant must
file a Form MMS-4070 with MMS
in accordance with instructions
provided in the ``Notice of
Availability of Royalty Oil''
and in accordance with any
instructions issued by MMS for
completion of Form MMS-4070.
The applicant will be required
to submit a letter of intent
from a qualified financial
institution stating that it
would be granted surety
coverage for the royalty oil
for which it is applying, or
other such proof of surety
coverage, as deemed acceptable
by MMS. The letter of intent
must be submitted with a
completed Form MMS-4070.
(b) In addition to any other
application requirements
specified in the Notice, the
following information is
required on Form MMS-4070 at
the time of application: * * *
-------------------------------
208.7 Determination of Eligibility
----------------------------------------------------------------------------------------------------------------
208.7(a)...................... (a) The MMS will examine each 0.25 1 \1\ 1
application and may request
additional information if the
information in the application
is inadequate. * * *
-------------------------------
208.8 Transportation and Delivery
----------------------------------------------------------------------------------------------------------------
208.8(a)...................... (a) * * * The purchaser must 1 1 1
have physical access to the oil
at the alternate delivery point
and such point must be approved
by MMS.
208.8(b)...................... (b) * * * If the delivery point Hour burden covered by OMB Control Number 1010-
is on or immediately adjacent 0140 (Form MMS-2014, expires 10/31/2006).
to the lease, the royalty oil This provision is no different than the
will be delivered without cost transportation allowances allowed in 30 CFR
to the Federal Government as an 206 for royalties paid in value. The lessee
undivided portion of production enters allowance amount on Form MMS-2014.
in marketable condition at
pipeline connections or other
facilities provided by the
lessee, unless other
arrangements are approved by
MMS. If the delivery point is
not on or immediately adjacent
to the lease, MMS will
reimburse the lessee for the
reasonable cost of
transportation to such point in
an amount not to exceed the
transportation allowance
determined pursuant to 30 CFR
part 206. * * *
-------------------------------
208.9 Agreements
----------------------------------------------------------------------------------------------------------------
208.9(a)...................... (a) A purchaser must submit to 1 8 8
MMS two copies of any written
third-party agreements, or two
copies of a full written
explanation of any oral third-
party agreements, relating to
the method and costs of
delivery of royalty oil, or
crude oil exchanged for the
royalty oil, from the point of
delivery under the contract to
the purchaser's refinery. In
addition, the purchaser must
submit copies of agreements
pertaining to quality
differentials which may occur
between leases and delivery
points.
-------------------------------
[[Page 11031]]
208.10 Notices
----------------------------------------------------------------------------------------------------------------
208.10(d) (d) After MMS notification that 2 20 40
royalty oil will be taken in
kind, the operator shall be
responsible for notifying each
working interest on the Federal
lease. * * *
208.10(e) (e) A purchaser cannot transfer, 1 1 1
assign, or sell its rights or
interest in a royalty oil
contract without written
approval of the Director, MMS.
* * * Without express written
consent from MMS for a change
in ownership, the royalty oil
contract shall be terminated. *
* *
-------------------------------
208.11 Surety Requirements [for eligible refiners]
----------------------------------------------------------------------------------------------------------------
208.11 (a), (b) (d), and (e) (a) The eligible purchaser, 4 4 16
prior to execution of the
contract, shall furnish an
``MMS-specified surety
instrument,'' in an amount
equal to the estimated value of
royalty oil that could be taken
by the purchaser in a 99-day
period, plus related
administrative charges. * * *
(b) * * * The purchaser or its
surety company may elect not to
renew the letter of credit at
any monthly anniversary date,
but must notify MMS of its
intent not to renew at least 30
days prior to the anniversary
date. * * *
(d) The ``MMS-specified surety
instrument'' shall be in the
form specified by MMS
instructions or approved by
MMS. * * *
(e) All surety instruments must
be in a form acceptable to MMS
and must include such other
specific requirements as MMS
may require adequately to
protect the Government's
interests.
-------------------------------
208.15 Audits
----------------------------------------------------------------------------------------------------------------
208.15........................ Audits of the accounts and books Produce Records: The ORA determined that the
of lessees, operators, payors, audit process is not covered by the PRA
and/or purchasers of royalty because MMS staff asks non-standard questions
oil taken in kind may be made to resolve exceptions.
annually or at other such times
as may be directed by MMS. * *
*
-------------------------------
Directed Communications by Operators of Federal Oil and Gas Leases
----------------------------------------------------------------------------------------------------------------
Contract-Directed............. Wyoming Oil..................... 1 100 100
Natural Gas [Texas 8G and Gulf 1 3,600 3,600
of Mexico (GOM)].
GOM Oil......................... 1 50 50
SPR Fill Initiative (The SPR is 1 300 300
expected to reach full capacity
by the end of FY 2005. At that
point, MMS will shift SPR oil
volumes to the commercial GOM
Oil RIK program. Thus,
information-collection
responses will continue at the
same level after SPR is filled
to capacity.)
Eligible Refiners............... Hour burden covered under Sec. 208.10(d).
-------------------------------
Offers, Financial Statements, and Surety Instruments for Sales of Royalty Oil and Gas
----------------------------------------------------------------------------------------------------------------
Contract-Directed............. Offers.......................... 1 840 840
Financial Statements............ 1 20 20
Surety Instruments.............. 4 20 80
-------------------------------
Total Burden.............. ................................ .............. 4,981 5,099
----------------------------------------------------------------------------------------------------------------
\1\ Rounded up from 0.25.
Estimated Annual Reporting and Recordkeeping ``Non-hour Cost''
Burden: We have identified no ``non-hour'' cost burdens.
Public Disclosure Statement: 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.
Comments: 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
[[Page 11032]]
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, and 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. The ICR also will be posted on our
Web site at https://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 https://www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm. We also 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. Upon request, we will withhold an individual respondent's
home address from the public record, as 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 your request
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: Arlene Bajusz (202)
208-7744.
Dated: February 23, 2005.
Richard Adamski,
Acting Associate Director for Minerals Revenue Management.
[FR Doc. 05-4333 Filed 3-4-05; 8:45 am]
BILLING CODE 4310-MR-P
