Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request, 39331-39334 [E8-15495]
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Notices
e.g., permitting electronic submission of
responses.
This Notice also lists the following
information:
Title of Proposal: Management
Review of Public Housing Projects.
OMB Control Number: 2577-Pending.
Description of the need for the
information and proposed use: On
September 19, 2005 (70 FR 54983), HUD
published a final rule amending the
regulations of the Public Housing
Operating Fund Program at 24 CFR part
990, which was developed through
negotiated rulemaking. Part 990
provides a new formula for distributing
operating subsidy to public housing
agencies (PHAs) and establishes
requirements for PHAs to convert to
asset management.
Subpart H of the part 990 regulations
(§§ 990.255 to 990.290) establishes the
requirements regarding asset
management. Under § 990.260(a), PHAs
that own and operate 250 or more
dwelling rental units must operate using
an asset management model consistent
with the subpart H regulations.
However, for the current fiscal year, that
regulation is superseded by Section 225
of Title II of Division K of the
Consolidated Appropriations Act, 2008,
Pub. L. 110–161 (approved December
26, 2007). Under that law, PHAs that
own or operate 400 or fewer units may
elect to transition to asset management,
but they are not required to do so.
To support the transition to asset
management and align HUD oversight
with asset management, a new
management review format is required
to review PHAs on a project level, rather
than PHA-wide. The forms are modeled
after the asset management model
consistent with the management norms
in the broader multifamily industry.
Agency form numbers: Forms HUD–
5834, HUD–5834–A, and HUD–5834–B.
Members of affected public: Public
housing agencies.
Estimation of the total number of
hours needed to prepare the information
collection including number of
respondents: For form HUD–5834,
Management Review of Public Housing
Projects, there are 3,282 respondents
annually with one response per
respondent. Average time per response
is .95 hours and the total burden hours
are 3,118 hours. For form HUD–5834–A,
Tenant File Review, there are 821
respondents annually with one response
per respondent. Average time per
response is .50 hours and the total
burden hours are 410.50 hours. For form
HUD–5834–B, Upfront Income
Verification Review, there are 821
respondents annually with one response
per respondent. Average time per
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Jkt 214001
response is .50 hours and the total
burden hours are 410.50 hours.
Status of the proposed information
collection: New collection.
Authority: Section 3506 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35,
as amended.
Dated: June 26, 2008.
Bessy Kong,
Deputy Assistant Secretary for Policy,
Programs and Legislative Initiatives.
[FR Doc. E8–15508 Filed 7–8–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2008–MRM–0009]
Agency Information Collection
Activities: Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1010–
0073).
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 part 220. This notice also
provides the public a second
opportunity to comment on the
paperwork burden of these regulatory
requirements. 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 Part 220, OCS Net Profit Share
Payment Reporting.’’ There are no forms
associated with this information
collection.
Submit written comments on or
before August 8, 2008.
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–
0073).
DATES:
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39331
Please submit copies of your
comments to MMS by the following
methods:
• Electronically go to https://
www.regulations.gov. In the ‘‘Comment
or Submission’’ column, enter ‘‘MMS–
2008–MRM–0008’’ to view supporting
and related materials for this ICR. Click
on ‘‘Send a comment or submission’’
link to submit public comments.
Information on using Regulations.gov,
including instructions for accessing
documents, submitting comments, and
viewing the docket after the close of the
comment period, is available through
the site’s ‘‘User Tips’’ link. All
comments submitted will be posted to
the docket.
• Mail comments to Armand
Southall, Regulatory Specialist,
Minerals Management Service, Minerals
Revenue Management, P.O. Box 25165,
MS 302B2, Denver, Colorado 80225.
Please reference ICR 1010–0073 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling Blvd., Denver, Colorado
80225. Please reference ICR 1010–0073
in your comments.
FOR FURTHER INFORMATION CONTACT:
Armand Southall, telephone (303) 231–
3221, or e-mail
armand.southall@mms.gov. You may
also contact Mr. Southall to obtain
copies, at no cost, of (1) the ICR and (2)
the regulations that require the subject
collection of information.
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 matters relevant to mineral resource
development on Federal lands and the
Outer Continental Shelf (OCS). The
Secretary is responsible for managing
the production of minerals from Federal
lands and the OCS, collecting royalties
and other mineral revenues from lessees
who produce minerals, and distributing
the funds collected in accordance with
applicable laws. The MMS performs the
mineral revenue management functions
for the Secretary.
The MMS collects and uses this
information to determine all allowable
direct and allocable joint costs incurred
during the lease term, appropriate
overhead allowance permitted on these
costs under § 220.012, and allowances
for capital recovery calculated under
§ 220.020. The MMS also collects this
information to ensure royalties or net
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Notices
profit share payments are accurately
valued and appropriately paid. This ICR
affects only oil and gas leases on
submerged Federal lands on the OCS.
Applicable legal citations pertaining
to mineral leases include Public Law
97–451—Jan. 12, 1983 (Federal Oil and
Gas Royalty Management Act of 1982);
Public Law 104–185—Aug. 13, 1996
(Federal Oil and Gas Royalty
Simplification and Fairness Act of
1996), as corrected by Public Law 104–
200—Sept. 22, 1996; the Mineral
Leasing Act of 1920 (30 U.S.C. 1923);
and the Outer Continental Shelf Lands
Act (43 U.S.C. 1353). These citations
can be viewed at https://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
Title 30 CFR part 220 covers the net
profit share lease (NPSL) program and
establishes reporting requirements for
determining the net profit share base
and calculating net profit share
payments due the Federal Government
for the production of oil and gas from
OCS leases.
Net Profit Share Leases (NPSL) Bidding
System
To encourage exploration,
development, and production of oil and
gas lease resources on submerged
Federal lands on the Outer Continental
Shelf (OCS), regulations were
promulgated at 30 CFR part 260—Outer
Continental Shelf Oil and Gas Leasing.
Part 260, subpart B establishes the
bidding systems that MMS may use to
offer and sell Federal leases. Specific
implementation regulations for the
NPSL bidding system are promulgated
at § 260.110(d) of part 260, subpart B.
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 Payment
Reporting
Under § 220.031(b), the lessee report
and pay NPSL payment due the Federal
Government beginning with the first
month in which production revenues
are credited to the NPSL capital account
not later than 60 days following the end
of each month.
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 materiel.
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
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
Reporting & recordkeeping
requirement
Number of
annual
responses
Hour
burden
Annual
burden hours
Part 220—Accounting Procedures for Determining Net Profit Share Payment for Outer Continental Shelf Oil and Gas Leases
§ 220.010 NPSL capital account
220.010(a) ...............................
(a) For each NPSL tract, an NPSL capital account shall be
established and maintained by the lessee for NPSL operations * * *.
1
1
1
1
6
6
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§ 220.030 Maintenance of records
220.030(a) and (b) ..................
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16:15 Jul 08, 2008
(a) Each lessee * * * shall establish and maintain such
records as are necessary * * *.
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation
30 CFR 220
Reporting & recordkeeping
requirement
Number of
annual
responses
Hour
burden
Annual
burden hours
§ 220.031 Reporting and payment requirements
220.031(a) ...............................
(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 * * *.
1
1
1
220.031(b) ...............................
(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 * * *.
13
72 1
936
220.031(c) ...............................
(c) Each lessee subject to this Part 220 shall submit, together with the report required * * * any net profit share
payment due * * *.
220.031(d) ...............................
(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 * * *.
220.031(e) ...............................
Burden hours covered under § 220.031(b).
8
6
48
4
6
24
1
6
6
§ 220.032 Inventories
220.032(b) ...............................
(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) ..........................
(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 * * *.
2
6
12
220.033(b)(2) ..........................
(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 * * *.
2
6
12
220.033(e) ...............................
(e) Records required to be kept under § 220.030(a) shall be
made available for inspection by any authorized agent of
DOI * * *.
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.
Total Burden ....................
.................................................................................................
........................
jlentini on PROD1PC65 with NOTICES
1(6
110
1,046
NPSL reports × 12 months = 72 reports).
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
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 * * *.’’
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16:15 Jul 08, 2008
Jkt 214001
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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October 2, 2007 (72 FR 56090),
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 8, 2008.
Public Comment Policy: We will post
all comments in response to this notice
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Notices
at https://www.mrm.mms.gov/Laws_R_D/
InfoColl/InfoColCom.htm . We will also
make copies of the comments available
for public review, including names and
addresses of respondents, during regular
business hours at our offices in
Lakewood, Colorado. 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 view, we
cannot guarantee that we will be able to
do so.
MMS Information Collection
Clearance Officer: Arlene Bajusz, (202)
208–7744.
Dated: May 6, 2008.
Shirley M. Conway,
Acting Associate Director for Minerals
Revenue Management.
[FR Doc. E8–15495 Filed 7–8–08; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket ID: MMS–2008–OMM–0032]
MMS Information Collection Activity:
1010–0164 (Damage Caused by
Hurricanes), Extension of a Collection;
Submitted for Office of Management
and Budget Review; Agency
Information Collection Activities:
Proposed Collection; Comment
Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of an
information collection (1010–0164).
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), MMS is inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget for review and approval. The
information collection request concerns
the paperwork requirements in the
regulations under 30 CFR 250, Subpart
I, Platforms and Structures, Notice to
Lessees and Operators—Damage Caused
by Hurricane(s). This request covers
damage due to any hurricane(s) that
may occur in the Gulf of Mexico over
the next 3 years.
DATE: Submit written comments by
September 8, 2008.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Regulations and
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16:15 Jul 08, 2008
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Standards Branch at (703) 787–1607.
You may also contact Cheryl Blundon to
obtain a copy, at no cost, of the
regulation and the Notice to Lessees and
Operators that requires the subject
collection of information.
ADDRESSES: You may submit comments
by either of the following methods listed
below.
• Electronically: go to https://
www.regulations.gov. Under the tab
More Search Options, click Advanced
Docket Search, then select Minerals
Management Service from the agency
drop-down menu, then click submit. In
the Docket ID column, select MMS–
2008–OMM–0032 to submit public
comments and to view supporting and
related materials available for this
rulemaking. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s User Tips
link. The MMS will post all comments.
• Mail or hand-carry comments to the
Department of the Interior; Minerals
Management Service; Attention: Cheryl
Blundon; 381 Elden Street, MS–4024;
Herndon, Virginia 20170–4817. Please
reference Information Collection 1010–
0164 in your subject line and mark your
message for return receipt. Include your
name and return address in your
message text.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 250, Subpart I,
Platforms and Structures, Notice to
Lessees and Operators (NTL)—Damage
Caused by Hurricane(s).
OMB Control Number: 1010–0164.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, as amended (43 U.S.C.
1331 et seq. and 43 U.S.C. 1801 et seq.),
authorizes the Secretary of the Interior
(Secretary) to prescribe rules and
regulations to administer leasing of the
OCS. Such rules and regulations will
apply to all operations conducted under
a lease. Operations on the OCS must
preserve, protect, and develop oil and
natural gas resources in a manner which
is consistent with the need to make such
resources available to meet the Nation’s
energy needs as rapidly as possible; to
balance orderly energy resource
development with protection of human,
marine, and coastal environments; to
ensure the public a fair and equitable
return on the resources of the OCS;
preserve and maintain free enterprise
competition; and ensure that the extent
of oil and natural gas resources of the
OCS is assessed at the earliest
practicable time. Section 43 U.S.C.
1332(6) states that
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‘‘operations in the outer Continental Shelf
should be conducted in a safe manner by
well-trained personnel using technology,
precautions, and techniques sufficient to
prevent or minimize the likelihood of
blowouts, loss of well control, fires, spillages,
physical obstruction to other users of the
waters or subsoil and seabed, or other
occurrences which may cause damage to the
environment or to property, or endanger life
or health.’’
To carry out these responsibilities,
Minerals Management Service (MMS)
issues regulations to ensure that
operations in the OCS will meet
statutory requirements; provide for
safety and protect the environment; and
result in diligent exploration,
development, and production of OCS
leases. In addition, we also issue NTLs
that provide clarification, explanation,
and interpretation of our regulations.
These NTLs are used to convey purely
informational material and to cover
situations that might not be adequately
addressed in our regulations. The latter
is the case for the information collection
required in the NTL. Because of the
unusual nature of this information
collection, issuing a temporary NTL is
the appropriate means to collect the
information.
The subject of this information
collection request (ICR) is an NTL titled,
Damage Caused by Hurricane(s) to be
issued to lessees and operators in the
MMS Gulf of Mexico OCS (GOM)
Region after a hurricane occurs. This
ICR deal with damage to facilities due
to any hurricane(s) that may occur in
the GOM. Once this ICR is approved by
OMB, MMS will reissue the NTL for
each new future hurricane that impacts
operations in the GOM with MMS
inserting the appropriate hurricane
name, longitudes, and dates of
submittal, etc.
Currently, there are over 4,000
facilities/structures in the GOM OCS.
The MMS anticipates that potential
major hurricanes may impact 40 percent
or more of the platforms in the GOM
(1,600 facilities) during any one event.
For example, in 2005, Hurricanes
Katrina and Rita combined affected
approximately 2,900 OCS facilities—
only 10 facilities were affected by both
storms; they each followed different
paths and had their own specific
meteorological anomalies (deviation or
departure from the normal phenomena
of the atmosphere). It needs to be
stressed that the information we collect
under this NTL is information that a
prudent lessee/operator would prepare
in the event of a major hurricane. The
primary authority for this submission is
30 CFR Part 250, Subpart I, Platform
and Structures, information collection
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]]>Agencies
[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Notices]
[Pages 39331-39334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15495]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS-2008-MRM-0009]
Agency Information Collection Activities: Submitted for Office of
Management and Budget (OMB) Review; Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of an extension of a currently approved information
collection (OMB Control Number 1010-0073).
-----------------------------------------------------------------------
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 part 220. This notice also
provides the public a second opportunity to comment on the paperwork
burden of these regulatory requirements. 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 Part 220, OCS Net Profit Share Payment Reporting.'' There are
no forms associated with this information collection.
DATES: Submit written comments on or before August 8, 2008.
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 1010-0073).
Please submit copies of your comments to MMS by the following
methods:
Electronically go to https://www.regulations.gov. In the
``Comment or Submission'' column, enter ``MMS-2008-MRM-0008'' to view
supporting and related materials for this ICR. Click on ``Send a
comment or submission'' link to submit public comments. Information on
using Regulations.gov, including instructions for accessing documents,
submitting comments, and viewing the docket after the close of the
comment period, is available through the site's ``User Tips'' link. All
comments submitted will be posted to the docket.
Mail comments to Armand Southall, Regulatory Specialist,
Minerals Management Service, Minerals Revenue Management, P.O. Box
25165, MS 302B2, Denver, Colorado 80225. Please reference ICR 1010-0073
in your comments.
Hand-carry comments or use an overnight courier service.
Our courier address is Building 85, Room A-614, Denver Federal Center,
West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. Please
reference ICR 1010-0073 in your comments.
FOR FURTHER INFORMATION CONTACT: Armand Southall, telephone (303) 231-
3221, or e-mail armand.southall@mms.gov. You may also contact Mr.
Southall to obtain copies, at no cost, of (1) the ICR and (2) the
regulations that require the subject collection of information.
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 matters relevant to mineral resource development on
Federal lands and the Outer Continental Shelf (OCS). The Secretary is
responsible for managing the production of minerals from Federal lands
and the OCS, collecting royalties and other mineral revenues from
lessees who produce minerals, and distributing the funds collected in
accordance with applicable laws. The MMS performs the mineral revenue
management functions for the Secretary.
The MMS collects and uses this information to determine all
allowable direct and allocable joint costs incurred during the lease
term, appropriate overhead allowance permitted on these costs under
Sec. 220.012, and allowances for capital recovery calculated under
Sec. 220.020. The MMS also collects this information to ensure
royalties or net
[[Page 39332]]
profit share payments are accurately valued and appropriately paid.
This ICR affects only oil and gas leases on submerged Federal lands on
the OCS.
Applicable legal citations pertaining to mineral leases include
Public Law 97-451--Jan. 12, 1983 (Federal Oil and Gas Royalty
Management Act of 1982); Public Law 104-185--Aug. 13, 1996 (Federal Oil
and Gas Royalty Simplification and Fairness Act of 1996), as corrected
by Public Law 104-200--Sept. 22, 1996; the Mineral Leasing Act of 1920
(30 U.S.C. 1923); and the Outer Continental Shelf Lands Act (43 U.S.C.
1353). These citations can be viewed at https://www.mrm.mms.gov/Laws_
R_D/PublicLawsAMR.htm.
Title 30 CFR part 220 covers the net profit share lease (NPSL)
program and establishes reporting requirements for determining the net
profit share base and calculating net profit share payments due the
Federal Government for the production of oil and gas from OCS leases.
Net Profit Share Leases (NPSL) Bidding System
To encourage exploration, development, and production of oil and
gas lease resources on submerged Federal lands on the Outer Continental
Shelf (OCS), regulations were promulgated at 30 CFR part 260--Outer
Continental Shelf Oil and Gas Leasing. Part 260, subpart B establishes
the bidding systems that MMS may use to offer and sell Federal leases.
Specific implementation regulations for the NPSL bidding system are
promulgated at Sec. 260.110(d) of part 260, subpart B. 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 Payment Reporting
Under Sec. 220.031(b), the lessee report and pay NPSL payment due
the Federal Government beginning with the first month in which
production revenues are credited to the NPSL capital account not later
than 60 days following the end of each month.
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
materiel.
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 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
Citation 30 CFR 220 Reporting & recordkeeping Hour burden annual Annual burden
requirement 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 1 1 1
NPSL capital 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 1 6 6
establish and maintain
such records as are
necessary * * *.
----------------------------------------------------------------------------------------------------------------
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Sec. 220.031 Reporting and payment requirements
----------------------------------------------------------------------------------------------------------------
220.031(a)......................... (a) Each lessee subject to 1 1 1
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 *
* *.
----------------------------------------------------------------------------------------------------------------
220.031(b)......................... (b) Beginning with the 13 72 \1\ 936
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 * * *.
-----------------------------------------------
220.031(c)......................... (c) Each lessee subject to Burden hours covered under Sec. 220.031(b).
this Part 220 shall
submit, together with the
report required * * * any
net profit share payment
due * * *.
-----------------------------------------------
220.031(d)......................... (d) Each lessee * * * shall 8 6 48
file a report not later
than 90 days after each
inventory is taken * * *.
220.031(e)......................... (e) Each lessee * * * shall 4 6 24
file a final report, not
later than 60 days
following the cessation of
production * * *.
----------------------------------------------------------------------------------------------------------------
Sec. 220.032 Inventories
----------------------------------------------------------------------------------------------------------------
220.032(b)......................... (b) At reasonable 1 6 6
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 * * *.
----------------------------------------------------------------------------------------------------------------
Sec. 220.033 Audits
----------------------------------------------------------------------------------------------------------------
220.033(b)(1)...................... (b)(1) When nonoperators of 2 6 12
an NPSL lease 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 2 6 12
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 * * *.
-----------------------------------------------
220.033(e)......................... (e) Records required to be The Office of Regulatory Affairs determined
kept under Sec. that the audit process is exempt from the
220.030(a) shall be made Paperwork Reduction Act of 1995 because MMS
available for inspection staff asks non-standard questions to resolve
by any authorized agent of exceptions.
DOI * * *.
----------------------------------------------------------------------------
Total Burden................... ........................... .............. 110 1,046
----------------------------------------------------------------------------------------------------------------
\1\(6 NPSL reports x 12 months = 72 reports).
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: We have identified no ``non-hour cost'' burdens.
Public Disclosure Statement: The PRA (44 U.S.C. 3501 et seq. )
provides that an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB Control Number.
Comments: Before submitting an ICR to OMB, PRA section
3506(c)(2)(A) requires each agency ``* * * to provide notice * * * and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information * * *.'' Agencies
must specifically solicit comments to: (a) Evaluate whether the
proposed collection of information is necessary for the agency to
perform its duties, including whether the information is useful; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information; (c) enhance the quality,
usefulness, and clarity of the information to be collected; and (d)
minimize the burden on the respondents, including the use of 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 October 2, 2007 (72 FR 56090),
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 8, 2008.
Public Comment Policy: We will post all comments in response to
this notice
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at https://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm . We will
also make copies of the comments available for public review, including
names and addresses of respondents, during regular business hours at
our offices in Lakewood, Colorado. 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 view, we cannot guarantee
that we will be able to do so.
MMS Information Collection Clearance Officer: Arlene Bajusz, (202)
208-7744.
Dated: May 6, 2008.
Shirley M. Conway,
Acting Associate Director for Minerals Revenue Management.
[FR Doc. E8-15495 Filed 7-8-08; 8:45 am]
BILLING CODE 4310-MR-P
