Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request, 39339-39343 [E6-10883]
Download as PDF
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
The
Federal Register notice seeking
comments from the public on a request
to OMB to extend information collection
activities was published in the Federal
Register on January 9, 2006 (71 FR
1452). Only one comment was received
that was not directly related to the
notice and was addressed by making the
requested change on a referenced list of
contact persons. You are advised that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information that does not
display a valid OMB clearance number.
For the Self-Governance collection of
information, the response is voluntary,
to obtain or retain a benefit, depending
upon the parts of the program being
addressed.
The Self-Governance program was
authorized by the Tribal SelfGovernance Act of 1994, Public Law
103–413, as amended. Tribes interested
in entering into Self-Governance must
submit certain information as required
by Public Law 103–413, as amended, to
support their admission into SelfGovernance. In addition, those tribes
and tribal consortia who have entered
into self-governance funding agreements
will be requested to submit certain
information as described in the
negotiated rules published in final form
on December 15, 2000 (65 FR 78688).
This information will be used to justify
a budget request submission on their
behalf and to comport with section 405
of the Act that calls for the Secretary to
submit an annual report to the Congress.
You may submit comments about the
collection to evaluate the following:
(a) The accuracy of the burden hours,
including the validity of the
methodology used and assumptions
made;
(b) The necessity of the information
for proper performance of the bureau
functions, including its practical utility;
(c) The quality, utility, and clarity of
the information to be collected; and,
(d) Suggestions to reduce the burden
including use of automated, electronic,
mechanical, or other forms of
information technology.
Please submit your comments to the
persons listed in the ADDRESSES section.
Please note that comments, names and
addresses of commentators, will be
available for public review during
regular business hours. If you wish your
name and address withheld from the
public, you must state this prominently
at the beginning of your comments. We
will honor your request to the extent
allowable by law.
OMB is required to make a decision
concerning this information collection
request between 30 and 60 days after
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SUPPLEMENTARY INFORMATION:
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publication of this document in the
Federal Register. Therefore, a comment
will receive the best consideration by
OMB if it is submitted early during this
comment period.
In this notice, BIA is soliciting
comments concerning the following
information collection:
OMB control number: 1076–0143.
Type of review: Renewal.
Title: Tribal Self-Governance
Program, 25 CFR part 1000.
Brief description of collection: The
information collected is used to
establish requirements for entry into the
pool of qualified applicants for selfgovernance, to provide information for
awarding planning and negotiation
grants, and to meet reporting
requirements of the Self-Governance
Act.
Affected Entities: Tribes and tribal
consortia participating in or wishing to
enter into Self-Governance.
Size of Respondent Pool: 101.
Number of Annual Responses: 219.
Hours per response: 50 hours.
Yearly hour burden: 10,882.
Dated: April 3, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
[FR Doc. E6–10888 Filed 7–11–06; 8:45 am]
BILLING CODE 4310–W8–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection
Activities: Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of a
currently approved information
collection (OMB Control Number 1010–
0139).
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to OMB an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
30 CFR parts 210 and 216. This notice
also provides the public a second
opportunity to comment on the
paperwork burden of these regulatory
requirements. The new title for this ICR
is ‘‘30 CFR Part 210—Forms and Reports
and Part 216—Production Accounting.’’
This ICR uses Forms MMS–4054, Oil
and Gas Operations Report, and MMS–
4058, Production Allocation Schedule
Report.
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39339
Submit written comments on or
before August 11, 2006.
ADDRESSES: Submit written comments
by either FAX (202) 395–6566 or e-mail
(OIRA_Docket@omb.eop.gov) directly to
the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer
for the Department of the Interior (OMB
Control Number 1010–0139).
Please also send a copy of your
comments to MMS via e-mail 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.
If you do not receive a confirmation that
we have received your e-mail, contact
Ms. Gebhardt at (303) 231–3211.
You may also mail a copy of your
comments to Sharron L. Gebhardt, Lead
Regulatory Specialist, Minerals
Management Service, Minerals Revenue
Management, P.O. Box 25165, MS
302B2, Denver, Colorado 80225.
If you use an overnight courier service
or wish to hand-deliver your comments,
our courier address is Building 85,
Room A–614, Denver Federal Center,
West 6th Ave. and Kipling Blvd.,
Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT:
Sharron L. Gebhardt, telephone (303)
231–3211, FAX (303) 231–3781, e-mail
Sharron.Gebhardt@mms.gov. You may
also contact Sharron Gebhardt to obtain,
at no cost, a copy of the ICR and
associated forms sent to OMB, or
regulations that require the subject
collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 210—Forms and
Reports and Part 216—Production
Accounting.
OMB Control Number: 1010–0139.
Bureau Form Number: Forms MMS–
4054 and MMS–4058.
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. 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 Secretary also has a trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. The MMS performs
the royalty management functions and
assists the Secretary in carrying out the
Department’s trust responsibility for
Indian lands.
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
DATES:
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39340
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share (royalty) of the value received
from production from the leased lands.
The lease creates a business relationship
between the lessor and the lessee. The
lessee is required to report various kinds
of information to the lessor relative to
the disposition of the leased minerals.
Such information is similar to data
reported to private and public mineral
interest owners and is generally
available within the records of the
lessee or others involved in developing,
transporting, processing, purchasing, or
selling of such minerals. The
information collected includes data
necessary to ensure that the royalties are
accurately valued and appropriately
paid.
The MMS financial accounting system
is an integrated computer system that
includes production reports submitted
by lease/agreement operators and is
designed to track minerals produced
from Federal and Indian lands from the
point of production to the point of
disposition, or royalty determination,
and/or point of sale. The financial
accounting system also includes
payment and sales volumes and values,
as reported by payors. The production
and royalty volumes are compared to
verify that proper royalties are received
for the minerals produced.
The production reports provide MMS
with ongoing information on lease, unit,
or communitization agreement (lease/
agreement) and facility production,
sales volumes, and inventories. The
reports summarize all operations on a
lease/agreement or facility during a
reporting period. They identify
production by the American Petroleum
Institute well number and sales by
product. Data collected are used as a
method of cross-checking reported
production with reported sales. Failure
to collect this information will prevent
MMS from ensuring that all royalties
owed on lease production are accurately
valued and appropriately paid.
Additionally, the data is shared
electronically with the Bureau of Land
Management, MMS’s Offshore Minerals
Management, Bureau of Indian Affairs,
and tribal and state governments so they
can perform their lease management
responsibilities. The requirement to
report accurately and timely is
mandatory.
Form MMS–4054, Oil and Gas
Operations Report (OGOR)
This three-part form, submitted
monthly, identifies all oil and gas lease
production and dispositions. The form
is used for all production reporting for
Outer Continental Shelf, Federal, and
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Indian lands. Monthly production
information is compared with monthly
sales and royalty data submitted on
Form MMS–2014, Report of Sales and
Royalty Remittance (OMB Control
Number 1010–0140, expires October 31,
2006), to ensure proper royalties are
paid on the oil and gas production
reported to MMS. To modify previously
submitted reports, the operator has the
option of modifying the reporting line
(delete/add by detail line) or replacing
(overlaying) the previous report. The
MMS uses the information from Parts A,
B, and C of the OGOR to track all oil and
gas from the point of production to the
point of first sale or other disposition.
OGOR Part A—Well Production. All
operators submit Part A for each lease
or agreement with active wells until
such wells are abandoned and
inventories are disposed. Each line
identifies a well/producing interval
combination showing well status; days
on production; volumes of oil, gas, and
water produced; and any volumes
injected during the report month.
OGOR Part B—Product Disposition.
For any month with production
volumes, operators submit Part B to
identify the sales, transfers, and lease
use of production reported on Part A. A
separate line for each disposition shows:
(1) The volume of oil, gas, or water; (2)
the sales meter or other meter identifier;
(3) the gas plant for instances where gas
was processed prior to royalty
determination; and (4) the quality of
production sold.
OGOR Part C—Product Inventory. The
lease operators who store their
production before selling it must submit
Part C. Separate lines for each product
identify the storage facility; sales meter
if applicable; quality of production sold;
beginning and ending storage inventory;
volume of sales; and volumes of other
gains and losses to inventory.
Form MMS–4058, Production
Allocation Schedule Report (PASR)
This form is submitted monthly by
operators of the facilities and
measurement points where production
from an offshore lease or metering point
is commingled with production from
other sources before it is measured for
royalty determination.
Each line identifies a lease or
metering point and allocated sales or
transferred volumes. Space is provided
on each detail line for the operator’s
property name (area/block), and a
column is provided to identify the
product that was injected into the
pipeline system. To modify previously
submitted reports, the operator has the
option of modifying (delete/add by
detail line) or replacing (overlaying) the
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previous report. The MMS uses the data
to determine whether sales reported by
the lessee are reasonable.
Applicable Citations
Applicable citations of the laws
pertaining to mineral leases on Federal
and Indian lands include:
1. 25 U.S.C. 396d (Chapter 12—Lease,
Sale or Surrender of Allotted or
Unallotted Lands);
2. 25 U.S.C. 2103 (Indian Mineral
Development Act of 1982);
3. Public Law 97–451—Jan. 12, 1983
(Federal Oil and Gas Royalty
Management Act of 1982 [FOGRMA]);
4. Public Law 104–185—Aug. 13,
1996 (Federal Oil and Gas Royalty
Simplification and Fairness Act of 1996
[RSFA]), as corrected by Public Law
104—200-Sept. 22, 1996);
5. The Mineral Leasing Act (30 U.S.C.
1923); and
6. The Outer Continental Shelf Lands
Act (43 U.S.C. 1353).
Public laws pertaining to mineral
royalties are located on our Web site at
https://www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
The Code of Federal Regulations
(CFR) citations we are covering in this
ICR are 30 CFR parts 210 and 216.
OMB Approval
The MMS is requesting OMB’s
approval to continue to collect this
information. Not collecting this
information would limit the Secretary’s
ability to discharge his/her duties and
may also result in loss of royalty
payments. Proprietary information
submitted is protected, and there are no
questions of a sensitive nature included
in this information collection.
Frequency: Monthly and on occasion.
Estimated Number and Description of
Respondents: 2,500 oil and gas
operators.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 76,631
hours.
We are revising this ICR to include
reporting requirements that were
overlooked in the previous renewal
(§§ 216.2 and 216.30), and we have
adjusted the burden hours accordingly.
These reporting requirements are
considered rare and/or unusual
circumstances.
The following chart details the
estimated burden hours by CFR section
and paragraph. In calculating the
burden, we assume that respondents
perform certain requirements in the
normal course of their business
activities. Therefore, we consider these
usual and customary, and took that into
account in estimating the burden.
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
30 CFR parts 210 and 216
Burden hours per
response
Reporting requirement
Annual number
of responses
Annual burden
hours
294,000
6,000
73,500
1,500
30 CFR—210—Forms and Reports
Subpart A—General Provisions
210.20(a) ..........................
§ 210.20 When is electronic reporting required?
(a) You must submit Forms * * * and MMS–
4054 to MMS electronically.
You must begin reporting electronically according
to the following timetable * * *.
.25 hour (Electronic) .........
.25 hour (Manual) .............
210.21(c)(1) ......................
§ 210.21 How do you report electronically? ...
(c) Before you may begin reporting electronically:
(1) You must submit an electronic sample of
your report for MMS approval * * *.
Burden covered under § 210.20(a).
30 CFR 210—Forms and Reports
Subpart B—Oil, Gas, and OCS Sulfur—General
210.50 ...............................
§ 210.50 Required recordkeeping ....................
Information required by the MMS shall be filed
using the forms prescribed in this subpart * * *
Records may be maintained in * * * or other
recorded media that is easily reproducible and
readable.
Burden covered under § 210.20(a).
30 CFR 216—Production Accounting
Subpart A—General Provisions
§ 216.2 Scope .....................................................
* * * Reporters are required to submit certain
production reports to MMS as set forth in this
part.
Burden covered under §§ 210.20(a); 216.56(a), (b), and (c); and
216.57.
216.11 ...............................
§ 216.11 Electronic reporting ...........................
You must submit your Oil and Gas Operations
Report, Form MMS–4054, in accordance with
electronic reporting requirements in 30 CFR
part 210.
Burden covered under § 210.20(a).
216.16(a) ..........................
§ 216.16 Where to report
(a) All reporting forms * * * should be mailed to
the Minerals Management Service, Minerals
Revenue Management * * *.
216.21 ...............................
§ 216.21 General obligations of the reporter
The reporter shall submit accurately, completely,
and timely * * * all information forms and other
information required by MMS * * *.
216.40(d) ..........................
§ 216.40 Assessments for incorrect or late
reports and failure to report
(d) * * * The reporter shall have the burden of
proving that a reporting problem was unavoidable.
216.30 ...............................
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216.2 .................................
§ 216.30 Special forms and reports ................
When special forms and reports * * * are necessary * * * Such requests will be made in
conformity with the requirements of the Paperwork Reduction Act of 1995, and are expected
to involve less than 10 respondents annually.
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39342
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR parts 210 and 216
Burden hours per
response
Reporting requirement
Annual number
of responses
Annual burden
hours
30 CFR 216—Production Accounting
Subpart B—Oil and Gas, General
§ 216.53 Oil and Gas Operations Report
(a) You must file an Oil and Gas Operations Report, Form MMS–4054 * * *.
(b) You must submit a Form MMS–4054 for each
well for each calendar month * * *.
(c) MMS must receive your completed Form
MMS–4054 * * *.
(1) Electronically * * *.
(2) Other than electronically * * *.
Burden covered under § 210.20(a).
216.56(a), (b), and (c) ......
§ 216.56 Production Allocation Schedule Report.
(a) Any operator of an offshore Facility Measurement Point * * * must file a Production Allocation Schedule Report (Form MMS–4058)* * * .
(b) You must submit a Production Allocation
Schedule Report, Form MMS–4058, for each
calendar month * * *.
(c) MMS must receive your Form MMS–4058
* * *.
(1) Electronically * * *.
(2) Other than electronically * * *.
.1167 hour (Electronic) .....
.25 hour (Manual) .............
216.57 ...............................
216.57 Stripper royalty rate reduction notification.
* * * Operators who have been granted a reduced royalty rate(s) * * * must submit a Stripper Royalty Rate Reduction Notification (Form
MMS–4377) to MMS * * *.
Burden covered under OMB Control Number 1010–0090 (expires October 31, 2007).
Total ...........................
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216.53(a), (b), and (c) ......
................................................................................
...........................................
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: Reporters require access to the
Internet through a subscription to an
Internet provider service. The annual
subscription is estimated at $240 per
reporter. For 2,500 reporters, the annual
aggregate total is $600,000 (2,500 ×
$240).
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: Section 3506(c)(2)(A) of
the PRA 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,
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18:23 Jul 11, 2006
Jkt 208001
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, we published a
notice in the Federal Register on
September 14, 2005 (70 FR 54403),
announcing that we would submit this
ICR to OMB for approval. The notice
provided the required 60-day comment
period. We received no comments in
response to the notice.
If you wish to comment in response
to this notice, you may send your
comments to the offices listed under the
ADDRESSES section of this notice. The
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
public comments by August 11, 2006.
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/InfoColl/
InfoColCom.htm. We will also make
copies of the comments available for
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7,280
3,120
310,401
850
780
76,631
public review, including names and
addresses of respondents, during regular
business hours at our offices in
Lakewood, Colorado. Individual
respondents may request that we
withhold their home address from the
public record, which we will honor to
the extent allowable by law. There also
may be circumstances in which we
would withhold from the rulemaking
record a respondent’s identity, as
allowable by law. If you request that we
withhold your name and/or address,
state this prominently at the beginning
of your comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
MMS Information Collection
Clearance Officer: Arlene Bajusz, (202)
208–7744.
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
Dated: March 15, 2006.
Richard Adamski,
Acting Associate Director for Minerals
Revenue Management.
[FR Doc. E6–10883 Filed 7–11–06; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection
Activities: Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of a
currently approved information
collection (OMB Control Number 1010–
0087).
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to OMB an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
30 CFR parts 227—Delegation to States;
228—Cooperative Activities with States
and Indian Tribes; and 229—Delegation
to States. This notice also provides the
public a second opportunity to
comment on the paperwork burden of
these regulatory requirements. This ICR
is titled ‘‘30 CFR Part 227—Delegation
to States; 30 CFR Part 228—Cooperative
Activities with States and Indian Tribes;
and 30 CFR Part 229—Delegation to
States.’’ We changed the title of this ICR
to clarify the regulatory language we are
covering under 30 CFR parts 227, 228,
and 229 and to reflect OMB approval of
consolidation of two ICRs, titled:
• ICR 1010–0087: 30 CFR Part 228—
Cooperative Activities with States and
Indian Tribes; and
• ICR 1010–0088: 30 CFR Part 227—
Delegation to States.
In the two ICRs, much of the general
information was repeated and crossreferenced. This consolidated ICR 1010–
0087 eliminates that duplication of
effort and redundancy of data and also
includes 30 CFR part 229 information
collection burden hours, which were
not included in the previous
information collections (ICRs 1010–
0087 and 1010–0088).
DATES: Submit written comments on or
before August 11, 2006.
ADDRESSES: Submit written comments
by either FAX (202) 395–6566 or e-mail
(OIRA_Docket@omb.eop.gov) directly to
the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer
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18:23 Jul 11, 2006
Jkt 208001
for the Department of the Interior (OMB
Control Number 1010–0087).
Please also send a copy of your
comments to MMS via e-mail 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.
If you do not receive a confirmation that
we have received your e-mail, contact
Ms. Gebhardt at (303) 231–3211.
You may also mail a copy of your
comments to Sharron L. Gebhardt, Lead
Regulatory Specialist, Minerals
Management Service, Minerals Revenue
Management, P.O. Box 25165, MS
302B2, Denver, Colorado 80225.
If you use an overnight courier service
or wish to hand-deliver your comments,
our courier address is Building 85,
Room A–614, Denver Federal Center,
West 6th Ave. and Kipling Blvd.,
Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT:
Sharron L. Gebhardt, telephone (303)
231–3211, FAX (303) 231–3781, e-mail
Sharron.Gebhardt@mms.gov. You may
also contact Sharron Gebhardt to obtain,
at no cost, copies of (1) the ICR, (2) any
associated forms, and (3) regulations
that require the subject collection of
information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 227—Delegation to
States; 30 CFR Part 228—Cooperative
Activities with States and Indian Tribes;
and 30 CFR Part 229—Delegation to
States.
OMB Control Number: 1010–0087.
Bureau Form Number: None.
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. 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 Secretary also has a trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. The MMS performs
the minerals revenue management
functions and assists the Secretary in
carrying out the Department’s trust
responsibility for Indian lands.
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share (royalty) of the value received
from production on leased lands. The
lease creates a business relationship
between the lessor and the lessee. The
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39343
lessee is required to report various kinds
of information to the lessor, relative to
the disposition of the leased minerals.
Such information is similar to data
reported to private and public mineral
interest owners and is generally
available within the records of the
lessee or others involved in developing,
transporting, processing, purchasing, or
selling of such minerals. The
information collected includes data
necessary to ensure that the royalties are
accurately valued and appropriately
paid.
Sections 202 and 205 of the Federal
Oil and Gas Royalty Management Act of
1982 (FOGRMA), as amended,
authorized the Secretary to develop
delegated and cooperative agreements
with states and Indian tribes to carry out
certain inspection, auditing,
investigation, or limited enforcement
activities for leases in their jurisdiction.
The states and Indian tribes are working
partners and are an integral part of the
overall onshore and offshore
compliance effort.
Applicable Citations
Applicable citations of the laws
pertaining to this ICR include:
(1) Public Law 97–451—Jan. 12, 1983,
FOGRMA, Sections 202 and 205; and
(2) Public Law 104–185—Aug. 13,
1996, as corrected by Public Law 104–
200—Sept. 22, 1996, the Federal Oil and
Gas Royalty Simplification and Fairness
Act of 1996 (RSFA), Sections 3, 4, and
8.
Public laws pertaining to mineral
royalties are located on our Web site at
https://www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
Relevant parts of the Code of Federal
Regulations (CFR) include 30 CFR parts
227, 228, and 229, as described below:
Title 30 CFR part 227, Delegation to
States, provides procedures to delegate
certain Federal minerals revenue
management functions to states for
Federal oil and gas, geothermal, and
solid mineral leases and leases subject
to 8(g) of the Outer Continental Shelf
Lands Act, within their state
boundaries.
Title 30 CFR part 228, Cooperative
Activities with States and Tribes,
provides procedures to utilize the
capabilities of the Indian tribes to carry
out audits and related investigations of
their respective leased lands.
Title 30 CFR part 229, Delegation to
States, provides procedures to utilize
the capabilities of the states to carry out
audits and related investigations of
leased Indian lands within their
respective state boundaries, by
permission of the respective Indian
E:\FR\FM\12JYN1.SGM
12JYN1
Agencies
[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Notices]
[Pages 39339-39343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10883]
-----------------------------------------------------------------------
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 1010-0139).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are notifying the public that we have submitted to OMB an information
collection request (ICR) to renew approval of the paperwork
requirements in the regulations under 30 CFR parts 210 and 216. This
notice also provides the public a second opportunity to comment on the
paperwork burden of these regulatory requirements. The new title for
this ICR is ``30 CFR Part 210--Forms and Reports and Part 216--
Production Accounting.'' This ICR uses Forms MMS-4054, Oil and Gas
Operations Report, and MMS-4058, Production Allocation Schedule Report.
DATES: Submit written comments on or before August 11, 2006.
ADDRESSES: Submit written comments by either FAX (202) 395-6566 or e-
mail (OIRA--Docket@omb.eop.gov) directly to the Office of Information
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department
of the Interior (OMB Control Number 1010-0139).
Please also send a copy of your comments to MMS via e-mail 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. If you do not receive a
confirmation that we have received your e-mail, contact Ms. Gebhardt at
(303) 231-3211.
You may also mail a copy of your comments to Sharron L. Gebhardt,
Lead Regulatory Specialist, Minerals Management Service, Minerals
Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225.
If you use an overnight courier service or wish to hand-deliver
your comments, our courier address is Building 85, Room A-614, Denver
Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado
80225.
FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303)
231-3211, FAX (303) 231-3781, e-mail Sharron.Gebhardt@mms.gov. You may
also contact Sharron Gebhardt to obtain, at no cost, a copy of the ICR
and associated forms sent to OMB, or regulations that require the
subject collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 210--Forms and Reports and Part 216--Production
Accounting.
OMB Control Number: 1010-0139.
Bureau Form Number: Forms MMS-4054 and MMS-4058.
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. 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 Secretary also has a trust responsibility to manage Indian
lands and seek advice and information from Indian beneficiaries. The
MMS performs the royalty management functions and assists the Secretary
in carrying out the Department's trust responsibility for Indian lands.
When a company or an individual enters into a lease to explore,
develop, produce, and dispose of minerals from
[[Page 39340]]
Federal or Indian lands, that company or individual agrees to pay the
lessor a share (royalty) of the value received from production from the
leased lands. The lease creates a business relationship between the
lessor and the lessee. The lessee is required to report various kinds
of information to the lessor relative to the disposition of the leased
minerals. Such information is similar to data reported to private and
public mineral interest owners and is generally available within the
records of the lessee or others involved in developing, transporting,
processing, purchasing, or selling of such minerals. The information
collected includes data necessary to ensure that the royalties are
accurately valued and appropriately paid.
The MMS financial accounting system is an integrated computer
system that includes production reports submitted by lease/agreement
operators and is designed to track minerals produced from Federal and
Indian lands from the point of production to the point of disposition,
or royalty determination, and/or point of sale. The financial
accounting system also includes payment and sales volumes and values,
as reported by payors. The production and royalty volumes are compared
to verify that proper royalties are received for the minerals produced.
The production reports provide MMS with ongoing information on
lease, unit, or communitization agreement (lease/agreement) and
facility production, sales volumes, and inventories. The reports
summarize all operations on a lease/agreement or facility during a
reporting period. They identify production by the American Petroleum
Institute well number and sales by product. Data collected are used as
a method of cross-checking reported production with reported sales.
Failure to collect this information will prevent MMS from ensuring that
all royalties owed on lease production are accurately valued and
appropriately paid. Additionally, the data is shared electronically
with the Bureau of Land Management, MMS's Offshore Minerals Management,
Bureau of Indian Affairs, and tribal and state governments so they can
perform their lease management responsibilities. The requirement to
report accurately and timely is mandatory.
Form MMS-4054, Oil and Gas Operations Report (OGOR)
This three-part form, submitted monthly, identifies all oil and gas
lease production and dispositions. The form is used for all production
reporting for Outer Continental Shelf, Federal, and Indian lands.
Monthly production information is compared with monthly sales and
royalty data submitted on Form MMS-2014, Report of Sales and Royalty
Remittance (OMB Control Number 1010-0140, expires October 31, 2006), to
ensure proper royalties are paid on the oil and gas production reported
to MMS. To modify previously submitted reports, the operator has the
option of modifying the reporting line (delete/add by detail line) or
replacing (overlaying) the previous report. The MMS uses the
information from Parts A, B, and C of the OGOR to track all oil and gas
from the point of production to the point of first sale or other
disposition.
OGOR Part A--Well Production. All operators submit Part A for each
lease or agreement with active wells until such wells are abandoned and
inventories are disposed. Each line identifies a well/producing
interval combination showing well status; days on production; volumes
of oil, gas, and water produced; and any volumes injected during the
report month.
OGOR Part B--Product Disposition. For any month with production
volumes, operators submit Part B to identify the sales, transfers, and
lease use of production reported on Part A. A separate line for each
disposition shows: (1) The volume of oil, gas, or water; (2) the sales
meter or other meter identifier; (3) the gas plant for instances where
gas was processed prior to royalty determination; and (4) the quality
of production sold.
OGOR Part C--Product Inventory. The lease operators who store their
production before selling it must submit Part C. Separate lines for
each product identify the storage facility; sales meter if applicable;
quality of production sold; beginning and ending storage inventory;
volume of sales; and volumes of other gains and losses to inventory.
Form MMS-4058, Production Allocation Schedule Report (PASR)
This form is submitted monthly by operators of the facilities and
measurement points where production from an offshore lease or metering
point is commingled with production from other sources before it is
measured for royalty determination.
Each line identifies a lease or metering point and allocated sales
or transferred volumes. Space is provided on each detail line for the
operator's property name (area/block), and a column is provided to
identify the product that was injected into the pipeline system. To
modify previously submitted reports, the operator has the option of
modifying (delete/add by detail line) or replacing (overlaying) the
previous report. The MMS uses the data to determine whether sales
reported by the lessee are reasonable.
Applicable Citations
Applicable citations of the laws pertaining to mineral leases on
Federal and Indian lands include:
1. 25 U.S.C. 396d (Chapter 12--Lease, Sale or Surrender of Allotted
or Unallotted Lands);
2. 25 U.S.C. 2103 (Indian Mineral Development Act of 1982);
3. Public Law 97-451--Jan. 12, 1983 (Federal Oil and Gas Royalty
Management Act of 1982 [FOGRMA]);
4. Public Law 104-185--Aug. 13, 1996 (Federal Oil and Gas Royalty
Simplification and Fairness Act of 1996 [RSFA]), as corrected by Public
Law 104--200-Sept. 22, 1996);
5. The Mineral Leasing Act (30 U.S.C. 1923); and
6. The Outer Continental Shelf Lands Act (43 U.S.C. 1353).
Public laws pertaining to mineral royalties are located on our Web
site at https://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm.
The Code of Federal Regulations (CFR) citations we are covering in
this ICR are 30 CFR parts 210 and 216.
OMB Approval
The MMS is requesting OMB's approval to continue to collect this
information. Not collecting this information would limit the
Secretary's ability to discharge his/her duties and may also result in
loss of royalty payments. Proprietary information submitted is
protected, and there are no questions of a sensitive nature included in
this information collection.
Frequency: Monthly and on occasion.
Estimated Number and Description of Respondents: 2,500 oil and gas
operators.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden:
76,631 hours.
We are revising this ICR to include reporting requirements that
were overlooked in the previous renewal (Sec. Sec. 216.2 and 216.30),
and we have adjusted the burden hours accordingly. These reporting
requirements are considered rare and/or unusual circumstances.
The following chart details the estimated burden hours by CFR
section and paragraph. In calculating the burden, we assume that
respondents perform certain requirements in the normal course of their
business activities. Therefore, we consider these usual and customary,
and took that into account in estimating the burden.
[[Page 39341]]
Respondents' Estimated Annual Burden Hours
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Annual number Annual burden
30 CFR parts 210 and 216 Reporting requirement Burden hours per response of responses hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 CFR--210--Forms and Reports
Subpart A--General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
210.20(a)................................. Sec. 210.20 When is .25 hour (Electronic)..................... 294,000 73,500
electronic reporting .25 hour (Manual)......................... 6,000 1,500
required?
(a) You must submit Forms * *
* and MMS-4054 to MMS
electronically..
You must begin reporting
electronically according to
the following timetable * * *.
--------------------------------------------------------------------------------------------------------------------------------------------------------
210.21(c)(1).............................. Sec. 210.21 How do you Burden covered under Sec. 210.20(a).
report electronically?.
(c) Before you may begin
reporting electronically: (1)
You must submit an electronic
sample of your report for MMS
approval * * *.
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 CFR 210--Forms and Reports
Subpart B--Oil, Gas, and OCS Sulfur--General
--------------------------------------------------------------------------------------------------------------------------------------------------------
210.50.................................... Sec. 210.50 Required Burden covered under Sec. 210.20(a).
recordkeeping.
Information required by the
MMS shall be filed using the
forms prescribed in this
subpart * * * Records may be
maintained in * * * or other
recorded media that is easily
reproducible and readable.
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30 CFR 216--Production Accounting
Subpart A--General Provisions
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216.2..................................... Sec. 216.2 Scope............ Burden covered under Sec. Sec. 210.20(a); 216.56(a), (b), and (c); and
* * * Reporters are required 216.57.
to submit certain production
reports to MMS as set forth
in this part.
--------------------------------------------------------------------------------------------------------------------------------------------------------
216.11.................................... Sec. 216.11 Electronic Burden covered under Sec. 210.20(a).
reporting.
You must submit your Oil and
Gas Operations Report, Form
MMS-4054, in accordance with
electronic reporting
requirements in 30 CFR part
210.
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216.16(a)................................. Sec. 216.16 Where to report
(a) All reporting forms * * *
should be mailed to the
Minerals Management Service,
Minerals Revenue Management *
* *.
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216.21.................................... Sec. 216.21 General
obligations of the reporter
The reporter shall submit
accurately, completely, and
timely * * * all information
forms and other information
required by MMS * * *.
--------------------------------------------------------------------------------------------------------------------------------------------------------
216.40(d)................................. Sec. 216.40 Assessments for
incorrect or late reports and
failure to report
(d) * * * The reporter shall
have the burden of proving
that a reporting problem was
unavoidable.
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216.30.................................... Sec. 216.30 Special forms 1......................................... 1 1
and reports.
When special forms and reports
* * * are necessary * * *
Such requests will be made in
conformity with the
requirements of the Paperwork
Reduction Act of 1995, and
are expected to involve less
than 10 respondents annually.
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[[Page 39342]]
30 CFR 216--Production Accounting
Subpart B--Oil and Gas, General
--------------------------------------------------------------------------------------------------------------------------------------------------------
216.53(a), (b), and (c)................... Sec. 216.53 Oil and Gas Burden covered under Sec. 210.20(a).
Operations Report
(a) You must file an Oil and
Gas Operations Report, Form
MMS-4054 * * *..
(b) You must submit a Form MMS-
4054 for each well for each
calendar month * * *..
(c) MMS must receive your
completed Form MMS-4054 * *
*..
(1) Electronically * * *......
(2) Other than electronically
* * *..
--------------------------------------------------------------------------------------------------------------------------------------------------------
216.56(a), (b), and (c)................... Sec. 216.56 Production .1167 hour (Electronic)................... 7,280 850
Allocation Schedule Report. .25 hour (Manual)......................... 3,120 780
(a) Any operator of an
offshore Facility Measurement
Point * * * must file a
Production Allocation
Schedule Report (Form MMS-
4058)* * *.
(b) You must submit a
Production Allocation
Schedule Report, Form MMS-
4058, for each calendar month
* * *.
(c) MMS must receive your Form
MMS-4058 * * *..
(1) Electronically * * *......
(2) Other than electronically
* * *..
--------------------------------------------------------------------------------------------------------------------------------------------------------
216.57.................................... 216.57 Stripper royalty rate Burden covered under OMB Control Number 1010-0090 (expires October 31,
reduction notification. 2007).
* * * Operators who have been
granted a reduced royalty
rate(s) * * * must submit a
Stripper Royalty Rate
Reduction Notification (Form
MMS-4377) to MMS * * *.
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Total................................. .............................. .......................................... 310,401 76,631
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: Reporters require access to the Internet through a subscription
to an Internet provider service. The annual subscription is estimated
at $240 per reporter. For 2,500 reporters, the annual aggregate total
is $600,000 (2,500 x $240).
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: Section 3506(c)(2)(A) of the PRA 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, we published a
notice in the Federal Register on September 14, 2005 (70 FR 54403),
announcing that we would submit this ICR to OMB for approval. The
notice provided the required 60-day comment period. We received no
comments in response to the notice.
If you wish to comment in response to this notice, you may send
your comments to the offices listed under the ADDRESSES section of this
notice. The 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 public comments by
August 11, 2006.
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/
InfoColl/InfoColCom.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 that we withhold their
home address from the public record, which we will honor to the extent
allowable by law. There also may be circumstances in which we would
withhold from the rulemaking record a respondent's identity, as
allowable by law. If you request that we withhold your name and/or
address, state this prominently at the beginning of your comment.
However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
MMS Information Collection Clearance Officer: Arlene Bajusz, (202)
208-7744.
[[Page 39343]]
Dated: March 15, 2006.
Richard Adamski,
Acting Associate Director for Minerals Revenue Management.
[FR Doc. E6-10883 Filed 7-11-06; 8:45 am]
BILLING CODE 4310-MR-P