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 sroberts on PROD1PC70 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 18:23 Jul 11, 2006 Jkt 208001 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. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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: E:\FR\FM\12JYN1.SGM 12JYN1 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 VerDate Aug<31>2005 18:23 Jul 11, 2006 Jkt 208001 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 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 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 http://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. E:\FR\FM\12JYN1.SGM 12JYN1 39341 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 ............................... sroberts on PROD1PC70 with NOTICES 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. VerDate Aug<31>2005 18:23 Jul 11, 2006 Jkt 208001 PO 00000 Frm 00062 Fmt 4703 1 ........................................ Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 1 1 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 ........................... sroberts on PROD1PC70 with NOTICES 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, VerDate Aug<31>2005 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 http:// www.mrm.mms.gov/Laws_R_D/InfoColl/ InfoColCom.htm. We will also make copies of the comments available for PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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. E:\FR\FM\12JYN1.SGM 12JYN1 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 VerDate Aug<31>2005 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 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 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 http://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]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


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

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of a revision of a currently approved information 
collection (OMB Control Number 1010-0139).

-----------------------------------------------------------------------

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 http://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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            30 CFR 216--Production Accounting
                                                              Subpart A--General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
216.16(a).................................  Sec.   216.16 Where to report
                                            (a) All reporting forms * * *
                                             should be mailed to the
                                             Minerals Management Service,
                                             Minerals Revenue Management *
                                             * *.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[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 * * *.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    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 http://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