Agency Information Collection Activities: Proposed Collection, Comment Request, 56090-56093 [E7-19379]
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56090
Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
For production through January 31,
2006, reporters used Form MMS–4377,
Stripper Royalty Rate Reduction
Notification, to notify MMS of royalty
rate changes. Although the benefits were
terminated, MMS continues to verify
previously submitted notifications and
may require the operator to submit an
amended Form MMS–4377.
The MMS requests OMB approval to
continue to collect this information. Not
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 180
hours.
We have not included in our
estimates certain requirements
performed in the normal course of
business and considered usual and
customary. The following chart shows
the estimated burden hours by CFR
section and paragraph:
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: As requested.
Estimated Number and Description of
Respondents: 150 lessees/lessors.
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
......................................................................................................................
Annual burden
hours
1.2
150
180
........................
150
180
Stripper royalty rate reduction notification ...................................................
In accordance with its regulations at 43 CFR 3103.4–1, titled ‘‘Waiver,
suspension, or reduction of rental, royalty, or minimum royalty,’’ the Bureau of Land Management (BLM) may grant reduced royalty rates to
operators of low producing oil leases to encourage continued production. Operators who have been granted a reduced royalty rate(s) by
BLM must submit a Stripper Royalty Rate Reduction Notification (Form
MMS–4377) to MMS for each 12-month qualifying period that a reduced royalty rate(s) is granted.
[58 FR 64903, Dec. 10, 1993]
Please note the BLM citation and title changed to 43 CFR 3103.4–2
Stripper well royalty reductions.
Total Burden
Average number of annual
responses
Reporting and recordkeeping requirement
216.57 ...............
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30 CFR 216
subpart B
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: We have identified no ‘‘nonhour cost’’ burden associated with the
collection of information.
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
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Hour burden
November 6, 2006 (71 FR 64978),
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 November 1, 2007.
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. Before including your
address, phone number, e-mail address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. 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. Upon
request, we will withhold an individual
respondent’s home address from the
public record, as allowable by law.
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There also may be circumstances in
which we would withhold a
respondent’s identity, as allowable by
law. If you request that we withhold
your name and/or address, state your
request prominently at the beginning of
your comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: July 30, 2007.
Lucy Querques Denett,
Associate Director for Minerals Revenue
Management.
[FR Doc. E7–19377 Filed 10–1–07; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection
Activities: Proposed Collection,
Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of a
currently approved information
AGENCY:
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Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
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collection (OMB Control Number 1010–
0073).
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
The previous title of this ICR was ‘‘30
CFR Part 220—Accounting Procedures
for Determining Net Profit Share
Payment for Outer Continental Shelf Oil
and Gas Leases, § 220.010 NPSL capital
account, § 220.030 Maintenance of
records, § 220.031 Reporting and
payment requirements, § 220.032
Inventories, and § 220.033 Audits.’’ The
new title of this ICR is ‘‘30 CFR 220–
OCS Net Profit Share Payment
Reporting.’’ There are no forms
associated with this information
collection.
DATES: Submit written comments on or
before December 3, 2007.
ADDRESSES: Submit written 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-carry
your comments, our courier address is
Building 85, Room A–614, Denver
Federal Center, West 6th Ave. and
Kipling Blvd., Denver, Colorado 80225.
You may also e-mail your comments to
us at mrm.comments@mms.gov. Include
the title of the information collection
and the OMB control number in the
‘‘Attention’’ line of your comment. Also
include your name and return address.
If you do not receive a confirmation that
we have received your e-mail, contact
Ms. Gebhardt at (303) 231–3211.
FOR FURTHER INFORMATION CONTACT:
Sharron L. Gebhardt, telephone (303)
231–3211, FAX (303) 231–3781, or email sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 220—OCS Net
Profit Share Payment Reporting.
OMB Control Number: 1010–0073.
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
MMS performs the royalty management
functions for the Secretary.
Applicable law citations pertaining to
mineral leases include the Federal Oil
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and Gas Royalty Management Act of
1982 (Pub. L. 97–451—Jan. 12, 1983);
Outer Continental Shelf Lands Act of
1953 (43 U.S.C. 1353; Pub. L. 212—Aug.
7, 1953, as amended by Pub. L. 93–
627—Jan. 3, 1975, Pub. L. 95–372—
Sept. 18, 1978, and Pub. L. 98–498—
Oct. 19, 1984); and the Mineral Leasing
Act (30 U.S.C. 1923). These citations
can be viewed on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
General Information
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 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 royalties or net
profit share payments are properly
valued and appropriately paid.
Net Profit Share Leases (NPSL) Bidding
System
To encourage exploration and
development of oil and gas leases on
submerged Federal lands on the Outer
Continental Shelf (OCS), regulations
were promulgated at 30 CFR 260—Outer
Continental Shelf Oil and Gas Leasing.
Specific implementation regulations for
the NPSL bidding system are
promulgated at § 260.110(d). The MMS
established the NPSL bidding system to
balance a fair market return to the
Federal Government for the lease of its
public lands with a fair profit to
companies risking their investment
capital. The system provides an
incentive for early and expeditious
exploration and development and
provides for sharing the risks by the
lessee and the Federal Government. The
NPSL bidding system incorporates a
fixed capital recovery system as a means
through which the lessee recovers costs
of exploration and development from
production revenues, along with a
reasonable return on investment.
NPSL Capital Account
The Federal Government does not
receive a profit share payment from an
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56091
NPSL until the lessee shows a credit
balance in its capital account; that is,
cumulative revenues and other credits
exceed cumulative costs. The credit
balance is multiplied by the net profit
share rate (30 to 50 percent), resulting
in the amount of net profit share
payment due the Federal Government.
The MMS requires lessees to maintain
an NPSL capital account for each lease,
which transfers to a new owner when
sold. Following the cessation of
production, lessees are also required to
provide either an annual or a monthly
report to the Federal Government, using
data from the capital account.
NPSL Inventories
The NPSL lessees must notify MMS of
their intent to perform an inventory and
file a report after each inventory of
controllable material.
NPSL Audits
When non-operators of an NPSL call
for an audit, they must notify MMS.
When MMS calls for an audit, the lessee
must notify all non-operators on the
lease. These requirements are located at
§ 220.033.
Summary
This collection of information is
necessary in order to determine when
net profit share payments are due and
to ensure royalties or net profit share
payments are properly valued and
appropriately paid.
The MMS will request OMB’s
approval to continue to collect this
information. Not collecting this
information would limit the Secretary’s
ability to discharge his/her duty and
may also result in loss of royalty
payments. Proprietary information
submitted to MMS under this collection
is protected, and there are no questions
of a sensitive nature included in this
information collection.
Frequency: Annually, monthly, and
on occasion.
Estimated Number and Description of
Respondents: 6 lessees.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 1,046
hours.
All six lessees report monthly because
all current NPSLs are in producing
status. Because the requirements for
establishment of capital accounts at
§ 220.010(a) and capital account annual
reporting at § 220.031(a) are necessary
only during non-producing status of a
lease, we included only one response
annually for these requirements, in case
a new NPSL is established. We have not
included in our estimates certain
requirements performed in the normal
course of business, which are
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considered usual and customary. The
following chart shows the estimated
annual burden hours by CFR section
and paragraph.
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR 220
Hour burden
Reporting & recordkeeping requirement
Number of
annual responses
Annual
burden
hours
PART 220—ACCOUNTING PROCEDURES FOR DETERMINING NET PROFIT SHARE PAYMENT FOR OUTER CONTINENTAL SHELF OIL
AND GAS LEASES
§ 220.010
220.010(a) ..............
(a) For each NPSL tract, an NPSL capital account shall be established and maintained by the lessee for NPSL operations * * *.
§ 220.030
220.030(a) and (b) ..
220.031(b) ..............
220.031(c) ...............
220.031(d) ..............
220.031(e) ..............
1
1
1
6
6
1
1
1
13
72
936
Maintenance of records
Reporting and payment requirements
(a) Each lessee subject to this part shall file an annual report during the period
from issuance of the NPSL until the first month in which production revenues
are credited to the NPSL capital account * * *.
(b) Beginning with the first month in which production revenues are credited to
the NPSL capital account, each lessee * * * shall file a report for each NPSL,
not later than 60 days following the end of each month * * *.
(c) Each lessee subject to this Part 220 shall submit, together with the report required * * * any net profit share payment due * * *.
(d) Each lessee * * * shall file a report not later than 90 days after each inventory is taken * * *.
(e) Each lessee * * * shall file a final report, not later than 60 days following the
cessation of production * * *.
§ 220.032
220.032(b) ..............
1
(a) Each lessee * * * shall establish and maintain such records as are necessary * * *.
§ 220.031
220.031(a) ..............
NPSL capital account
Burden hours covered under
§ 220.031(b).
8
6
48
4
6
24
1
6
6
2
6
12
2
6
12
Inventories
(b) At reasonable intervals, but at least once every three years, inventories of
controllable materiel shall be taken by the lessee. Written notice of intention to
take inventory shall be given by the lessee at least 30 days before any inventory is to be taken so that the Director may be represented at the taking of inventory * * *.
§ 220.033 Audits
220.033(b)(1) ..........
220.033(b)(2) ..........
220.033(e) ..............
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Total Burden ....
(b)(1) When nonoperators of an NPSL lease call an audit in accordance with the
terms of their operating agreement, the Director shall be notified of the audit
call * * *.
(b)(2) If DOI determines to call for an audit, DOI shall notify the lessee of its
audit call and set a time and place for the audit * * * The lessee shall send
copies of the notice to the nonoperators on the lease * * *.
(e) Records required to be kept under § 220.030(a) shall be made available for
inspection by any authorized agent of DOI * * *.
...................................................................................................................................
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: We have identified no ‘‘nonhour cost’’ burdens.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
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15:35 Oct 01, 2007
Jkt 214001
displays a currently valid OMB control
number.
Comments: Before submitting an ICR
to OMB, PRA Section 3506(c)(2)(A)
requires each agency ‘‘* * * to provide
notice * * * and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information * * *.’’
Agencies must specifically solicit
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The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction
Act of 1995 because MMS staff
asks non-standard questions to resolve exceptions.
..................
110
1,046
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)
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minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
The PRA also requires agencies to
estimate the total annual reporting
‘‘non-hour cost’’ burden to respondents
or recordkeepers resulting from the
collection of information. If you have
costs to generate, maintain, and disclose
this information, you should comment
and provide your total capital and
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods you use to
estimate major cost factors, including
system and technology acquisition,
expected useful life of capital
equipment, discount rate(s), and the
period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software you purchase to prepare for
collecting information; monitoring,
sampling, and testing equipment; and
record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
1, 1995; (ii) to comply with
requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Government; or (iv)
as part of customary and usual business
or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. The ICR also will be
posted on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm.
Public Comment Policy: We will post
all comments in response to this notice
on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm. We 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. Before including
your address, phone number, e-mail
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: September 21, 2007.
Lucy Querques Denett,
Associate Director for Minerals Revenue
Management.
[FR Doc. E7–19379 Filed 10–1–07; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Availability of Final
Environmental Impact Statement for
the North Shore Road in Great Smoky
Mountains National Park
SUMMARY: The National Park Service
(NPS) in cooperation with the Federal
Highway Administration (FHWA)
announces the availability of the Final
Environmental Impact Statement (FEIS)
for the North Shore Road in the Great
Smoky Mountains National Park, North
Carolina. This document will be
available for public review pursuant to
Section 102(2)(C) of the National
Environmental Policy Act of 1969 and
NPS policy in Director’s Order Number
12 (Conservation Planning,
Environmental Impact Analysis, and
Decision Making). The primary purpose
of this FEIS is to finalize the
documentation of the environmental
analysis of the five alternatives studied
in the document; to address substantive
comments made on the Draft EIS; and to
disclose the Agency’s Preferred
Alternative.
The purpose of the proposed action is
to discharge and satisfy any obligations
on the part of the United States that
presently exist as the result of the July
30, 1943, Memorandum of Agreement
(MOA) among the U.S. Department of
the Interior (DOI), Tennessee Valley
Authority (TVA), Swain County, North
Carolina, and the State of North
Carolina. The need for the project is to
determine whether or not it is feasible
to complete the road and to evaluate
other alternatives that would satisfy the
obligation.
The FEIS analyzed five alternatives
for meeting the purpose and need of the
project. The no-action alternative would
continue current management practices
and policies into the future. The
monetary settlement (the preferred
alternative) would provide Swain
County, North Carolina, with a
monetary settlement to satisfy and
discharge the obligations of the MOA.
Each of the other three action
alternatives would allow various levels
of development and/or road
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56093
construction within the project study
area of the Great Smoky Mountains
National Park. Under the Laurel Branch
Picnic Area alternative, a day-use area
on the north side of existing Lake View
Road would be constructed. Outdoor
facilities would include a multi-use
picnic shelter, picnic tables, several
loop trails, drinking fountains, and
restrooms. Under the Partial-Build
Alternative to Bushnell, up to 8 miles
(12.9 km) of new roadway from the
existing tunnel west to the vicinity of
the former Bushnell settlement would
be constructed. This alternative would
provide a boat-launching ramp and
restricted boat dock. Located near the
terminus of the new roadway would be
a multi-use picnic shelter and picnic
tables, a backcountry permit station, an
information kiosk, restrooms, and a
parking area. Exhibit/museum space
would be designed to highlight local
heritage of the area and could include
concession opportunities. Under the
Northern Shore Corridor Alternative, 29
to 34.3 miles of new roadway to the
vicinity of Fontana Dam would be
constructed. It would connect Lake
View Road to NC Hwy. 28. This
alternative would include provisions for
the development of an auto-tour guide
describing the historic and natural
points of interest along the route. Also,
restrooms would be built at appropriate
locations.
The NPS Preferred Alternative is the
Monetary Settlement Alternative. The
Monetary Settlement would ensure that
resources of Great Smoky Mountains
National Park and the Appalachian
National Scenic Trail would be
unimpaired for the enjoyment of future
generations. It would fulfill project goals
and objectives including the protection
of natural, cultural, and recreational
resources.
The NPS will execute a Record
of Decision (ROD) no sooner than 30
days following the publication of the
Environmental Protection Agency’s
Notice of Availability in the Federal
Register.
DATES:
The complete FEIS is
available for review or download on the
internet at https://
www.northshoreroad.info.
ADDRESSES:
Copies of the FEIS will also be
available for review at the following
locations:
Pack Memorial Library, 67 Haywood
Street, Asheville, North Carolina
28801;
Marianna Black Library, 33 Fryemont
Road, Bryson City, North Carolina
28713;
Charlotte and Mecklenburg County
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]]>Agencies
[Federal Register Volume 72, Number 190 (Tuesday, October 2, 2007)]
[Notices]
[Pages 56090-56093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19379]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection Activities: Proposed Collection,
Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of an extension of a currently approved information
[[Page 56091]]
collection (OMB Control Number 1010-0073).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are inviting comments on a collection of information that we will
submit to the Office of Management and Budget (OMB) for review and
approval. The previous title of this ICR was ``30 CFR Part 220--
Accounting Procedures for Determining Net Profit Share Payment for
Outer Continental Shelf Oil and Gas Leases, Sec. 220.010 NPSL capital
account, Sec. 220.030 Maintenance of records, Sec. 220.031 Reporting
and payment requirements, Sec. 220.032 Inventories, and Sec. 220.033
Audits.'' The new title of this ICR is ``30 CFR 220-OCS Net Profit
Share Payment Reporting.'' There are no forms associated with this
information collection.
DATES: Submit written comments on or before December 3, 2007.
ADDRESSES: Submit written 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-carry your comments,
our courier address is Building 85, Room A-614, Denver Federal Center,
West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. You may also
e-mail your comments to us at mrm.comments@mms.gov. Include the title
of the information collection and the OMB control number in the
``Attention'' line of your comment. Also include your name and return
address. If you do not receive a confirmation that we have received
your e-mail, contact Ms. Gebhardt at (303) 231-3211.
FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303)
231-3211, FAX (303) 231-3781, or e-mail sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 220--OCS Net Profit Share Payment Reporting.
OMB Control Number: 1010-0073.
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 MMS performs the royalty management
functions for the Secretary.
Applicable law citations pertaining to mineral leases include the
Federal Oil and Gas Royalty Management Act of 1982 (Pub. L. 97-451--
Jan. 12, 1983); Outer Continental Shelf Lands Act of 1953 (43 U.S.C.
1353; Pub. L. 212--Aug. 7, 1953, as amended by Pub. L. 93-627--Jan. 3,
1975, Pub. L. 95-372--Sept. 18, 1978, and Pub. L. 98-498--Oct. 19,
1984); and the Mineral Leasing Act (30 U.S.C. 1923). These citations
can be viewed on our Web site at https://www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
General Information
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 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 royalties or net profit share payments are properly
valued and appropriately paid.
Net Profit Share Leases (NPSL) Bidding System
To encourage exploration and development of oil and gas leases on
submerged Federal lands on the Outer Continental Shelf (OCS),
regulations were promulgated at 30 CFR 260--Outer Continental Shelf Oil
and Gas Leasing. Specific implementation regulations for the NPSL
bidding system are promulgated at Sec. 260.110(d). The MMS established
the NPSL bidding system to balance a fair market return to the Federal
Government for the lease of its public lands with a fair profit to
companies risking their investment capital. The system provides an
incentive for early and expeditious exploration and development and
provides for sharing the risks by the lessee and the Federal
Government. The NPSL bidding system incorporates a fixed capital
recovery system as a means through which the lessee recovers costs of
exploration and development from production revenues, along with a
reasonable return on investment.
NPSL Capital Account
The Federal Government does not receive a profit share payment from
an NPSL until the lessee shows a credit balance in its capital account;
that is, cumulative revenues and other credits exceed cumulative costs.
The credit balance is multiplied by the net profit share rate (30 to 50
percent), resulting in the amount of net profit share payment due the
Federal Government.
The MMS requires lessees to maintain an NPSL capital account for
each lease, which transfers to a new owner when sold. Following the
cessation of production, lessees are also required to provide either an
annual or a monthly report to the Federal Government, using data from
the capital account.
NPSL Inventories
The NPSL lessees must notify MMS of their intent to perform an
inventory and file a report after each inventory of controllable
material.
NPSL Audits
When non-operators of an NPSL call for an audit, they must notify
MMS. When MMS calls for an audit, the lessee must notify all non-
operators on the lease. These requirements are located at Sec.
220.033.
Summary
This collection of information is necessary in order to determine
when net profit share payments are due and to ensure royalties or net
profit share payments are properly valued and appropriately paid.
The MMS will request OMB's approval to continue to collect this
information. Not collecting this information would limit the
Secretary's ability to discharge his/her duty and may also result in
loss of royalty payments. Proprietary information submitted to MMS
under this collection is protected, and there are no questions of a
sensitive nature included in this information collection.
Frequency: Annually, monthly, and on occasion.
Estimated Number and Description of Respondents: 6 lessees.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,046
hours.
All six lessees report monthly because all current NPSLs are in
producing status. Because the requirements for establishment of capital
accounts at Sec. 220.010(a) and capital account annual reporting at
Sec. 220.031(a) are necessary only during non-producing status of a
lease, we included only one response annually for these requirements,
in case a new NPSL is established. We have not included in our
estimates certain requirements performed in the normal course of
business, which are
[[Page 56092]]
considered usual and customary. The following chart shows the estimated
annual burden hours by CFR section and paragraph.
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Number of Annual
Citation 30 CFR 220 Reporting & recordkeeping requirement Hour annual burden
burden responses hours
----------------------------------------------------------------------------------------------------------------
PART 220--ACCOUNTING PROCEDURES FOR DETERMINING NET PROFIT SHARE PAYMENT FOR OUTER CONTINENTAL SHELF OIL AND GAS
LEASES
----------------------------------------------------------------------------------------------------------------
Sec. 220.010 NPSL capital account
----------------------------------------------------------------------------------------------------------------
220.010(a)..................... (a) For each NPSL tract, an NPSL capital 1 1 1
account shall be established and
maintained by the lessee for NPSL
operations * * *.
----------------------------------------------------------------------------------------------------------------
Sec. 220.030 Maintenance of records
----------------------------------------------------------------------------------------------------------------
220.030(a) and (b)............. (a) Each lessee * * * shall establish and 1 6 6
maintain such records as are necessary * *
*.
----------------------------------------------------------------------------------------------------------------
Sec. 220.031 Reporting and payment requirements
----------------------------------------------------------------------------------------------------------------
220.031(a)..................... (a) Each lessee subject to this part shall 1 1 1
file an annual report during the period
from issuance of the NPSL until the first
month in which production revenues are
credited to the NPSL capital account * * *.
220.031(b)..................... (b) Beginning with the first month in which 13 72 936
production revenues are credited to the
NPSL capital account, each lessee * * *
shall file a report for each NPSL, not
later than 60 days following the end of
each month * * *.
220.031(c)..................... (c) Each lessee subject to this Part 220 Burden hours covered under Sec.
shall submit, together with the report 220.031(b).
required * * * any net profit share
payment due * * *.
220.031(d)..................... (d) Each lessee * * * shall file a report 8 6 48
not later than 90 days after each
inventory is taken * * *.
220.031(e)..................... (e) Each lessee * * * shall file a final 4 6 24
report, not later than 60 days following
the cessation of production * * *.
----------------------------------------------------------------------------------------------------------------
Sec. 220.032 Inventories
----------------------------------------------------------------------------------------------------------------
220.032(b)..................... (b) At reasonable intervals, but at least 1 6 6
once every three years, inventories of
controllable materiel shall be taken by
the lessee. Written notice of intention to
take inventory shall be given by the
lessee at least 30 days before any
inventory is to be taken so that the
Director may be represented at the taking
of inventory * * *.
----------------------------------------------------------------------------------------------------------------
Sec. 220.033 Audits
----------------------------------------------------------------------------------------------------------------
220.033(b)(1).................. (b)(1) When nonoperators of an NPSL lease 2 6 12
call an audit in accordance with the terms
of their operating agreement, the Director
shall be notified of the audit call * * *.
220.033(b)(2).................. (b)(2) If DOI determines to call for an 2 6 12
audit, DOI shall notify the lessee of its
audit call and set a time and place for
the audit * * * The lessee shall send
copies of the notice to the nonoperators
on the lease * * *.
220.033(e)..................... (e) Records required to be kept under Sec. The Office of Regulatory Affairs
220.030(a) shall be made available for determined that the audit process
inspection by any authorized agent of DOI is exempt from the Paperwork
* * *. Reduction Act of 1995 because MMS
staff asks non-standard questions
to resolve exceptions.
-----------------------
Total Burden............... ........................................... .......... 110 1,046
-----------------------------------
----------------------------------------------------------------------------------------------------------------
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: We have identified no ``non-hour cost'' burdens.
Public Disclosure Statement: The PRA (44 U.S.C. 3501 et seq.)
provides that an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
Comments: Before submitting an ICR to OMB, PRA Section
3506(c)(2)(A) requires each agency ``* * * to provide notice * * * and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information * * *.'' Agencies
must specifically solicit comments to: (a) Evaluate whether the
proposed collection of information is necessary for the agency to
perform its duties, including whether the information is useful; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information; (c) enhance the quality,
usefulness, and clarity of the information to be collected; and (d)
[[Page 56093]]
minimize the burden on the respondents, including the use of automated
collection techniques or other forms of information technology.
The PRA also requires agencies to estimate the total annual
reporting ``non-hour cost'' burden to respondents or recordkeepers
resulting from the collection of information. If you have costs to
generate, maintain, and disclose this information, you should comment
and provide your total capital and startup cost components or annual
operation, maintenance, and purchase of service components. You should
describe the methods you use to estimate major cost factors, including
system and technology acquisition, expected useful life of capital
equipment, discount rate(s), and the period over which you incur costs.
Capital and startup costs include, among other items, computers and
software you purchase to prepare for collecting information;
monitoring, sampling, and testing equipment; and record storage
facilities. Generally, your estimates should not include equipment or
services purchased: (i) Before October 1, 1995; (ii) to comply with
requirements not associated with the information collection; (iii) for
reasons other than to provide information or keep records for the
Government; or (iv) as part of customary and usual business or private
practices.
We will summarize written responses to this notice and address them
in our ICR submission for OMB approval, including appropriate
adjustments to the estimated burden. We will provide a copy of the ICR
to you without charge upon request. The ICR also will be posted on our
Web site at https://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.
Public Comment Policy: We will post all comments in response to
this notice on our Web site at https://www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm. We 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. Before including your address, phone number, e-mail address,
or other personal identifying information in your comment, you should
be aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
MMS Information Collection Clearance Officer: Arlene Bajusz (202)
208-7744.
Dated: September 21, 2007.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. E7-19379 Filed 10-1-07; 8:45 am]
BILLING CODE 4310-MR-P
