Agency Information Collection Activities: Submitted for Office of Management and Budget Review; Comment Request, 44868-44872 [E9-20905]
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
cprice-sewell on DSK2BSOYB1PROD with NOTICES
requesting leaching service, requesting
water for domestic or stock purposes,
building structures or fences in BIA
rights-of-way, requesting payment plans
on bills, establishing a carriage
agreement with a third-party,
negotiating irrigation incentive leases,
and requesting an assessment waiver.
The information to be collected
includes: full legal name; correct
mailing address; taxpayer identifying
number; water delivery location; if
subdividing a farm unit—a copy of the
recorded plat or map of the subdivision
where water will be delivered; the time
and date of requested water delivery;
duration of water delivery; amount of
water delivered; rate of water flow;
number of acres irrigated; crop statistics;
any other agreements allowed under 25
CFR part 171; and any additional
information required by the local project
office that provides your service.
Collection of this information is
currently authorized under an approval
by OMB (OMB Control Number 1076–
0141). Information for water request is
collected at least annually from each
water user with a response required
each time BIA provides irrigation water;
the remaining information is collected
only occasionally, upon request for the
specific service. The information water
users submit is for the purpose of
obtaining or retaining a benefit, namely
irrigation water.
Type of Review: Renewal.
Respondents: Waters users of the BIA
irrigation project—individuals and
businesses.
Number of Respondents: 6,539 per
year.
Number of Responses: 27,075 per
year.
Estimated Time per Response: A
range of 18 minutes to 6 hours,
depending on the specific service being
requested.
Frequency of Response: On occasion
throughout the irrigation season,
averaging approximately 2 times per
year.
Total Annual Burden to Respondents:
14,059 hours.
Dated: August 25, 2009.
Alvin Foster,
Deputy Chief Information Officer—Indian
Affairs.
[FR Doc. E9–20974 Filed 8–28–09; 8:45 am]
BILLING CODE 4310–W7–P
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2008–MRM–0039]
Agency Information Collection
Activities: Submitted for Office of
Management and Budget 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 the Office of
Management and Budget (OMB) an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
title 30 of the Code of Federal
Regulations (CFR) parts 210 and 212.
This notice also provides the public a
second opportunity to comment on the
paperwork burden of these regulatory
requirements. This ICR pertains to
onshore and offshore royalty and
production reporting on oil, gas, and
geothermal leases on Federal and Indian
lands.
We changed the title of this ICR to
reflect regulatory actions, including
publication of the final rule, RIN 1010–
AD20, Reporting Amendments, on
March 26, 2008 (73 FR 15885). The final
rule removed 30 CFR part 216 and
replaced part 210 in its entirety. In this
revision, we also consolidated the
following ICRs to allow programwide
review of royalty and production
reporting for oil, gas, and geothermal
leases on Federal and Indian lands:
• 1010–0139, 30 CFR Part 210—
Forms and Reports and Part 216—
Production Accounting; and
• 1010–0140, 30 CFR Part 210—
Forms and Reports.
DATES: Submit written comments on or
before September 30, 2009.
ADDRESSES: Submit written comments
by either FAX (202) 395–5806 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 submit copies of your
comments to MMS by one of the
following methods:
• Electronically go to https://
www.regulations.gov. In the ‘‘Comment
or Submission’’ column, enter ‘‘MMS–
2008–MRM–0039’’ to view supporting
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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 Hyla Hurst,
Regulatory Specialist, Minerals
Management Service, Minerals Revenue
Management, P.O. Box 25165, MS
300B2, Denver, Colorado 80225. Please
reference ICR 1010–0139 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 St., Denver, Colorado
80225. Please reference ICR 1010–0139
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or email hyla.hurst@mms.gov. You may also
contact Hyla Hurst to obtain copies, at
no cost, of (1) the ICR, (2) any associated
forms, and (3) the regulations that
require the subject collection of
information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Parts 210 and 212,
Royalty and Production Reporting.
OMB Control Number: 1010–0139.
Bureau Form Number: Forms MMS–
2014, MMS–4054, and MMS–4058.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for mineral resource development on
Federal and Indian lands and the Outer
Continental Shelf (OCS). The Secretary
is required by various laws to manage
mineral resource production from
Federal and Indian lands and the OCS,
collect the royalties and other mineral
revenues due, and distribute the funds
collected in accordance with applicable
laws. Public laws pertaining to mineral
leases on Federal and Indian lands are
posted on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
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.
General Information
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share in an amount or value of
production from the leased lands. The
lessee is required to report various kinds
of information to the lessor relative to
the disposition of the leased minerals.
We use the information collected in
this ICR to ensure that royalty is
appropriately paid, based on accurate
production accounting on oil, gas, and
geothermal resources produced from
Federal and Indian leases. The
requirement to report accurately and
timely is mandatory. Please refer to the
chart for all reporting requirements and
associated burden hours.
Royalty Reporting
The regulations require that lessees
report and remit royalties on oil, gas,
and geothermal resources produced
from leases on Federal and Indian lands.
The following form is used for royalty
reporting:
Form MMS–2014, Report of Sales and
Royalty Remittance, is submitted
monthly to report royalties on oil, gas,
and geothermal leases, certain rents, and
other lease-related transactions (e.g.,
transportation and processing
allowances, lease adjustments, and
quality and location differentials).
Production Reporting
The MMS financial accounting system
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 following
forms are used for production
accounting and reporting:
Form MMS–4054, Oil and Gas
Operations Report (OGOR), is submitted
monthly for all production reporting for
Outer Continental Shelf, Federal, and
Indian lands. Production information is
compared with sales and royalty data
submitted on Form MMS–2014 to
ensure proper royalties are paid on the
oil and gas production reported to
MMS. 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.
Form MMS–4058, Production
Allocation Schedule Report (PASR), is
submitted monthly by operators of the
facilities and measurement points where
production from an offshore Federal
lease or metering point is commingled
with production from other sources
before it is measured for royalty
determination. The MMS uses the data
to determine whether sales reported by
the lessee are reasonable.
OMB Approval
We will request OMB 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 to MMS under
this collection is protected, and no
items of a sensitive nature are included
in this information collection.
Responses are mandatory.
Frequency: Monthly.
Estimated Number and Description of
Respondents: 4,570 oil, gas, and
geothermal reporters.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 253,509
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:
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
30 CFR part 210
Reporting and recordkeeping requirement
Average number of annual
responses
Hour burden
Annual burden
hours
30 CFR 210—FORMS AND REPORTS
Subpart B—Royalty Reports—Oil, Gas, and Geothermal Resources
210.52(a) and (b) ....................
210.52
What royalty reports must I submit?
Form MMS–2014
Electronic* (approximately 99 percent)
210.53(a) and (b) ....................
You must submit a completed Form MMS–2014, Report of
Sales and Royalty Remittance, to MMS with:
3 min ...........
3,510,849
175,542
Manual* (approximately 1 percent)
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210.54(a) and (b) ....................
7 min ...........
35,463
4,137
Subtotal for Royalty Reporting .........................................................................................................................
3,546,312
179,679
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(a) All royalty payments: And ...................................................
(b) Rents on nonproducing leases, where specified in the
lease.
210.53 When are my royalty reports and payments due?
(a) Completed Forms MMS–2014 for royalty payments and
the associated payments are due by the end of the month
following the production month (see also § 218.50).
(b) Completed Forms MMS–2014 for rental payments, where
applicable, and the associated payments are due as specified by the lease terms (see also § 218.50).
210.54 Must I submit this royalty report electronically?
(a) You must submit Form MMS–2014 electronically unless
you qualify for an exception under § 210.55(a).
(b) You must use one of the following electronic media types,
unless MMS instructs you differently:
*
*
*
*
*
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR part 210
Reporting and recordkeeping requirement
Hour burden
Average number of annual
responses
Annual burden
hours
Subpart C—Production Reports—Oil and Gas
210.102(a)(1)(i) and (ii),
(a)(2)(i) and (ii).
210.102
What production reports must I submit?
Burden hours covered under 210.104(a) and (b)
(a) Form MMS–4054, Oil and Gas Operations Report. If you
operate a Federal or Indian onshore or OCS oil and gas
lease or federally approved unit or communitization agreement that contains one or more wells that are not permanently plugged or abandoned, you must submit Form
MMS–4054 to MMS:
(1) You must submit Form MMS–4054 for each well for each
calendar month, beginning with the month in which you
complete drilling, unless:
(i) You have only test production from a drilling well; or
(ii) The MMS tells you in writing to report differently.
(2) You must continue reporting until:
(i) The Bureau of Land Management (BLM) or MMS approves all wells as permanently plugged or abandoned
or the lease or unit or communitization agreement is
terminated; and
(ii) You dispose of all inventory.
210.102(b)(1), (b)(2)(i)–(vi) ......
(b) Form MMS–4058, Production Allocation Schedule Report.
If you operate an offshore facility measurement point
(FMP) handling production from a Federal oil and gas
lease or federally approved unit agreement that is commingled (with approval) with production from any other source
prior to measurement for royalty determination, you must
file Form MMS–4058.
Burden hours covered under 210.104(a) and (b)
(1) You must submit Form MMS–4058 for each calendar
month beginning with the month in which you first handle
production covered by this section.
(2) Form MMS–4058 is not required whenever all of the following conditions are met:
(i) All leases involved are Federal leases;
(ii) All leases have the same fixed royalty rate;
(iii) All leases are operated by the same operator;
(iv) The facility measurement device is operated by the
same person as the leases/agreements;
(v) Production has not been previously measured for
royalty determination; and
(vi) The production is not subsequently commingled and
measured for royalty determination at an FMP for
which Form MMS–4058 is required under this part.
210.103(a) and (b) ..................
210.103
When are my production reports due?
Burden hours covered under 210.104(a) and (b)
(a) The MMS must receive your completed Forms MMS–
4054 and MMS–4058 by the 15th day of the second month
following the month for which you are reporting.
(b) A report is considered received when it is delivered to
MMS by 4 p.m. mountain time at the addresses specified
in § 210.105. Reports received after 4 p.m. mountain time
are considered received the following business day.
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210.104(a) and (b) ..................
210.104
cally?
Must I submit these production reports electroni-
Form MMS–4054 (OGOR)
Electronic* (approximately 98 percent)
(a) You must submit Forms MMS–4054 and MMS–4058
electronically unless you qualify for an exception under
§ 210.105.
1 min ...........
4,137,803
68,963
Manual* (approximately 2 percent)
3 min ...........
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4,222
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Reporting and recordkeeping requirement
Hour burden
Average number of annual
responses
Annual burden
hours
(b) You must use one of the following electronic media types,
unless MMS instructs you differently:
Total OGOR
4,222,248
73,185
30 CFR part 210
*
*
*
*
*
Form MMS–4058 (PASR)
Electronic* (approximately 98 percent)
1 min ...........
36,456
608
Manual* (approximately 2 percent)
3 min ...........
Total PASR
744
37,200
37
645
Subpart D—Special-Purpose Forms and Reports—Oil, Gas, and Geothermal Resources
210.155 ....................................
210.155 What reports must I submit for Federal onshore
stripper oil properties?
Burden covered under OMB Control Number
1010–0090 (expires December 31, 2010)
(a) General. Operators who have been granted a reduced
royalty rate by the Bureau of Land Management (BLM)
under 43 CFR 3103.4–2 must submit Form MMS–4377,
Stripper Royalty Rate Reduction Notification, under 43
CFR 3103.4–2(b)(3).
*
*
*
*
*
Subtotal for Production Reporting ....................................................................................................................
4,259,448
73,830
PART 212—RECORDS AND FILES MAINTENANCE
Subpart B—Oil, Gas and OCS Sulphur—General
212.50 ......................................
212.50
Required recordkeeping and reports
Burden hours covered under 210.54(a) and (b);
and 210.104(a) and (b)
All records pertaining to offshore and onshore Federal and
Indian oil and gas leases shall be maintained by a lessee,
operator, revenue payor, or other person for 6 years after
the records are generated unless the recordholder is notified, in writing, that records must be maintained for a
longer period * * *
[In accordance with 30 U.S.C. 1724(f), Federal oil and gas
records must be maintained for 7 years from the date the
obligation became due.]
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212.51(a) and (b) ....................
(a) Records. Each lessee, operator, revenue payor, or other
person shall make and retain accurate and complete
records necessary to demonstrate that payments of rentals, royalties, net profit shares, and other payments related
to offshore and onshore Federal and Indian oil and gas
leases are in compliance with lease terms, regulations,
and orders * * *
Burden hours covered under 210.54(a) and (b);
and 210.104(a) and (b).
(b) Period for keeping records. Lessees, operators, revenue
payors, or other persons required to keep records under
this section shall maintain and preserve them for 6 years
from the day on which the relevant transaction recorded
occurred unless the Secretary notifies the record holder of
an audit or investigation involving the records and that they
must be maintained for a longer period * * *
[In accordance with 30 U.S.C. 1724(f), Federal oil and gas
records must be maintained for 7 years from the date the
obligation became due.]
Total for Royalty and Production Reporting .....................................................................................................
7,805,760
253,509
* Note: Each line of data is considered one response/report.
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
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Burden: We have identified no ‘‘non-
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hour’’ cost burden associated with the
collection of information.
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44872
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices
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 60-day notice in the Federal
Register * * * 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
November 13, 2008 (73 FR 67197),
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 September 30,
2009.
Public Comment Policy: We will post
all comments in response to this notice
at https://www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm. We also will
post all comments, including names and
addresses of respondents, at https://
www.regulations.gov. Before including
your address, phone number, e-mail
address, or other personal identifying
information in your comment, be
advised 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 from
public view your personal identifying
information, 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: August 11, 2009.
Jennifer L. Goldblatt,
Acting Associate Director for Minerals
Revenue Management.
[FR Doc. E9–20905 Filed 8–28–09; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[MT–010–L10600000 HI0000]
Notice of Temporary Closure on Public
Lands in the Pryor Mountain Wild
Horse Range (Including the Britton
Springs Administrative Site) in the
Southeastern Portion of Carbon
County, MT, and the Northern Portion
of Big Horn County, WY
AGENCY: Bureau of Land Management,
Interior.
ACTION: Notice of Temporary Closure.
Notice is hereby given that a
temporary closure to public access, use,
or occupancy is in effect on public lands
administered by the Billings Field
Office, Bureau of Land Management, in
the Pryor Mountain Wild Horse Range
in Carbon County, Montana, and Big
Horn County, Wyoming.
DATES: This temporary closure will be in
effect on the Pryor Mountain Wild
Horse Range from 12:01 a.m. MDT on
Monday, August 31, 2009 until
September 10, 2009 at 11:59 p.m. MDT.
The closure will remain in effect at the
Britton Springs Administrative Site
until 11:59 p.m. MDT on October 1,
2009.
ADDRESSES: The Billings Field Office
address is 5001 Southgate Drive,
Billings, Montana 59101.
FOR FURTHER INFORMATION CONTACT:
James M. Sparks, Field Manager, at the
address above or by phone at 406–896–
5013. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individuals during
normal business hours. The FIRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individuals. You will
receive a reply during normal hours.
SUPPLEMENTARY INFORMATION: This
temporary closure to public access
affects public lands at the Pryor
Mountain Wild Horse Range in Carbon
County, Montana, and Bighorn County,
Wyoming. The legal description of the
affected public lands is:
SUMMARY:
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Principal Meridian, Montana
T. 8 S., R. 28 E.,
Sec. 5, S1⁄2 and S1⁄2N1⁄2;
Sec. 6, E1⁄2E1⁄2;
Sec. 8, N1⁄2NE1⁄4, SE1⁄4NE1⁄4, and
NE1⁄4SE1⁄4;
Sec. 9;
Secs. 16 and 17;
Sec. 18, E1⁄2E1⁄2;
Sec. 19, E1⁄2E1⁄2;
Sec. 20;
Sec. 21, W1⁄2 and W1⁄2E1⁄2;
Sec. 28, W1⁄2;
Sec. 29;
Sec. 30, E1⁄2E1⁄2;
Sec. 31, E1⁄2E1⁄2;
Sec. 32;
Sec. 33, W1⁄2 and W1⁄2SE1⁄4.
Principal Meridian, Montana
T. 9 S., R. 27 E.,
Secs. 1, 2, 11 to 14, inclusive, 23, and
24;
Sec. 25, E1⁄2 and E1⁄2NW1⁄4;
Sec. 36, N1⁄2NE1⁄4 and SE1⁄4NE1⁄4.
Principal Meridian, Montana
T. 9 S., R. 28 E.,
Sec. 4, NW1⁄4NE1⁄4, S1⁄2NE1⁄4, W1⁄2,
and SE1⁄4;
Secs. 5 to 9, inclusive;
Sec. 10, W1⁄2SW1⁄4;
Sec. 15, NW1⁄4NW1⁄4, S1⁄2NW1⁄4, and
SW1⁄4;
Secs. 16 to 21, inclusive, and 28;
Sec. 27, W1⁄2;
Secs. 29 to 33, inclusive;
Sec. 34, W1⁄2.
Sixth Principal Meridian, Wyoming
T. 58 N., R. 95 W.,
Sec. 19, NE1⁄4NE1⁄4;
Sec. 20, N1⁄2N1⁄2, SE1⁄4NW1⁄4,
S1⁄2NW1⁄4, and SE1⁄4;
Secs. 21 and 22;
Sec. 23, NW1⁄4 and W1⁄2SW1⁄4;
Sec. 27;
Sec. 28, N1⁄2;
Sec. 29, N1⁄2NE1⁄4 and SE1⁄4NE1⁄4.
This temporary closure is necessary to
prevent public access, use, or
occupancy during wild horse capture
operations to ensure the safety and
welfare of the public, contractors, and
government employees, the orderly
execution of authorized actions, and to
protect the wild horses as a natural
resource on public lands. The gather
operation includes the authorized use of
low-flying aircraft to herd and capture
wild horses from various portions of the
Pryor Mountain Wild Horse Range and
adjacent lands administered by the U.S.
Forest Service. Animals will be held at
the Britton Springs Administrative Site
until September 26, 2009, for day-to-day
care, veterinary treatment, and
preparation for adoption. This will be
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]]>Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44868-44872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20905]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS-2008-MRM-0039]
Agency Information Collection Activities: Submitted for Office of
Management and Budget 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 the Office of
Management and Budget (OMB) an information collection request (ICR) to
renew approval of the paperwork requirements in the regulations under
title 30 of the Code of Federal Regulations (CFR) parts 210 and 212.
This notice also provides the public a second opportunity to comment on
the paperwork burden of these regulatory requirements. This ICR
pertains to onshore and offshore royalty and production reporting on
oil, gas, and geothermal leases on Federal and Indian lands.
We changed the title of this ICR to reflect regulatory actions,
including publication of the final rule, RIN 1010-AD20, Reporting
Amendments, on March 26, 2008 (73 FR 15885). The final rule removed 30
CFR part 216 and replaced part 210 in its entirety. In this revision,
we also consolidated the following ICRs to allow programwide review of
royalty and production reporting for oil, gas, and geothermal leases on
Federal and Indian lands:
1010-0139, 30 CFR Part 210--Forms and Reports and Part
216--Production Accounting; and
1010-0140, 30 CFR Part 210--Forms and Reports.
DATES: Submit written comments on or before September 30, 2009.
ADDRESSES: Submit written comments by either FAX (202) 395-5806 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 submit copies of your comments to MMS by one of the
following methods:
Electronically go to https://www.regulations.gov. In the
``Comment or Submission'' column, enter ``MMS-2008-MRM-0039'' 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 Hyla Hurst, Regulatory Specialist,
Minerals Management Service, Minerals Revenue Management, P.O. Box
25165, MS 300B2, Denver, Colorado 80225. Please reference ICR 1010-0139
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 St., Denver, Colorado 80225. Please reference
ICR 1010-0139 in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla Hurst, telephone (303) 231-3495,
or e-mail hyla.hurst@mms.gov. You may also contact Hyla Hurst to obtain
copies, at no cost, of (1) the ICR, (2) any associated forms, and (3)
the regulations that require the subject collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Parts 210 and 212, Royalty and Production Reporting.
OMB Control Number: 1010-0139.
Bureau Form Number: Forms MMS-2014, MMS-4054, and MMS-4058.
Abstract: The Secretary of the U.S. Department of the Interior is
responsible for mineral resource development on Federal and Indian
lands and the Outer Continental Shelf (OCS). The Secretary is required
by various laws to manage mineral resource production from Federal and
Indian lands and the OCS, collect the royalties and other mineral
revenues due, and distribute the funds collected in accordance with
applicable laws. Public laws pertaining to mineral leases on Federal
and Indian lands are posted on our Web site at https://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm.
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.
General Information
When a company or an individual enters into a lease to explore,
develop, produce, and dispose of minerals from
[[Page 44869]]
Federal or Indian lands, that company or individual agrees to pay the
lessor a share in an amount or value of production from the leased
lands. The lessee is required to report various kinds of information to
the lessor relative to the disposition of the leased minerals.
We use the information collected in this ICR to ensure that royalty
is appropriately paid, based on accurate production accounting on oil,
gas, and geothermal resources produced from Federal and Indian leases.
The requirement to report accurately and timely is mandatory. Please
refer to the chart for all reporting requirements and associated burden
hours.
Royalty Reporting
The regulations require that lessees report and remit royalties on
oil, gas, and geothermal resources produced from leases on Federal and
Indian lands. The following form is used for royalty reporting:
Form MMS-2014, Report of Sales and Royalty Remittance, is submitted
monthly to report royalties on oil, gas, and geothermal leases, certain
rents, and other lease-related transactions (e.g., transportation and
processing allowances, lease adjustments, and quality and location
differentials).
Production Reporting
The MMS financial accounting system 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 following forms are used for production
accounting and reporting:
Form MMS-4054, Oil and Gas Operations Report (OGOR), is submitted
monthly for all production reporting for Outer Continental Shelf,
Federal, and Indian lands. Production information is compared with
sales and royalty data submitted on Form MMS-2014 to ensure proper
royalties are paid on the oil and gas production reported to MMS. 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.
Form MMS-4058, Production Allocation Schedule Report (PASR), is
submitted monthly by operators of the facilities and measurement points
where production from an offshore Federal lease or metering point is
commingled with production from other sources before it is measured for
royalty determination. The MMS uses the data to determine whether sales
reported by the lessee are reasonable.
OMB Approval
We will request OMB 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 to MMS
under this collection is protected, and no items of a sensitive nature
are included in this information collection. Responses are mandatory.
Frequency: Monthly.
Estimated Number and Description of Respondents: 4,570 oil, gas,
and geothermal reporters.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden:
253,509 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:
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Reporting and Average number
30 CFR part 210 recordkeeping Hour burden of annual Annual burden
requirement responses hours
----------------------------------------------------------------------------------------------------------------
30 CFR 210--FORMS AND REPORTS
----------------------------------------------------------------------------------------------------------------
Subpart B--Royalty Reports--Oil, Gas, and Geothermal Resources
----------------------------------------------------------------------------------------------------------------
210.52(a) and (b)............... 210.52 What royalty Form MMS-2014
reports must I submit?
-----------------------------------------------------
Electronic* (approximately 99 percent)
-----------------------------------------------------
210.53(a) and (b)............... You must submit a 3 min............... 3,510,849 175,542
completed Form MMS-
2014, Report of Sales
and Royalty Remittance,
to MMS with:
-----------------------------------------------------
Manual* (approximately 1 percent)
-----------------------------------------------------
210.54(a) and (b)............... (a) All royalty 7 min............... 35,463 4,137
payments: And.
(b) Rents on
nonproducing leases,
where specified in the
lease.
210.53 When are my
royalty reports and
payments due?
(a) Completed Forms MMS-
2014 for royalty
payments and the
associated payments are
due by the end of the
month following the
production month (see
also Sec. 218.50).
(b) Completed Forms MMS-
2014 for rental
payments, where
applicable, and the
associated payments are
due as specified by the
lease terms (see also
Sec. 218.50).
210.54 Must I submit
this royalty report
electronically?
(a) You must submit Form
MMS-2014 electronically
unless you qualify for
an exception under Sec.
210.55(a).
(b) You must use one of
the following
electronic media types,
unless MMS instructs
you differently:
* * * * *
----------------------------------------------------------------------------------------------------------------
Subtotal for Royalty Reporting.............................................. 3,546,312 179,679
----------------------------------------------------------------------------------------------------------------
[[Page 44870]]
Subpart C--Production Reports--Oil and Gas
----------------------------------------------------------------------------------------------------------------
210.102(a)(1)(i) and (ii), 210.102 What production Burden hours covered under 210.104(a) and (b)
(a)(2)(i) and (ii). reports must I submit?
-----------------------------------------------------
(a) Form MMS-4054, Oil
and Gas Operations
Report. If you operate
a Federal or Indian
onshore or OCS oil and
gas lease or federally
approved unit or
communitization
agreement that contains
one or more wells that
are not permanently
plugged or abandoned,
you must submit Form
MMS-4054 to MMS:
(1) You must submit Form
MMS-4054 for each well
for each calendar
month, beginning with
the month in which you
complete drilling,
unless:
(i) You have only
test production from
a drilling well; or.
(ii) The MMS tells
you in writing to
report differently..
(2) You must continue
reporting until:
(i) The Bureau of
Land Management
(BLM) or MMS
approves all wells
as permanently
plugged or abandoned
or the lease or unit
or communitization
agreement is
terminated; and.
(ii) You dispose of
all inventory..
-----------------------------------------------------
210.102(b)(1), (b)(2)(i)-(vi)... (b) Form MMS-4058, Burden hours covered under 210.104(a) and (b)
Production Allocation
Schedule Report. If you
operate an offshore
facility measurement
point (FMP) handling
production from a
Federal oil and gas
lease or federally
approved unit agreement
that is commingled
(with approval) with
production from any
other source prior to
measurement for royalty
determination, you must
file Form MMS-4058.
-----------------------------------------------------
(1) You must submit Form
MMS-4058 for each
calendar month
beginning with the
month in which you
first handle production
covered by this
section.
(2) Form MMS-4058 is not
required whenever all
of the following
conditions are met:
(i) All leases
involved are Federal
leases;.
(ii) All leases have
the same fixed
royalty rate;.
(iii) All leases are
operated by the same
operator;.
(iv) The facility
measurement device
is operated by the
same person as the
leases/agreements;.
(v) Production has
not been previously
measured for royalty
determination; and.
(vi) The production
is not subsequently
commingled and
measured for royalty
determination at an
FMP for which Form
MMS-4058 is required
under this part..
-----------------------------------------------------
210.103(a) and (b).............. 210.103 When are my Burden hours covered under 210.104(a) and (b)
production reports due?
-----------------------------------------------------
(a) The MMS must receive
your completed Forms
MMS-4054 and MMS-4058
by the 15th day of the
second month following
the month for which you
are reporting.
(b) A report is
considered received
when it is delivered to
MMS by 4 p.m. mountain
time at the addresses
specified in Sec.
210.105. Reports
received after 4 p.m.
mountain time are
considered received the
following business day.
-----------------------------------------------------
210.104(a) and (b).............. 210.104 Must I submit Form MMS-4054 (OGOR)
these production
reports electronically?
-----------------------------------------------------
Electronic* (approximately 98 percent)
-----------------------------------------------------
(a) You must submit 1 min............... 4,137,803 68,963
Forms MMS-4054 and MMS-
4058 electronically
unless you qualify for
an exception under Sec.
210.105.
-----------------------------------------------------
Manual* (approximately 2 percent)
-----------------------------------------------------
3 min............... 84,445 4,222
[[Page 44871]]
(b) You must use one of Total OGOR.......... 4,222,248 73,185
the following
electronic media types,
unless MMS instructs
you differently:
-----------------------------------------------------
* * * * * Form MMS-4058 (PASR)
-----------------------------------------------------
Electronic* (approximately 98 percent)
-----------------------------------------------------
1 min............... 36,456 608
-----------------------------------------------------
Manual* (approximately 2 percent)
-----------------------------------------------------
3 min............... 744 37
Total PASR.......... 37,200 645
----------------------------------------------------------------------------------------------------------------
Subpart D--Special-Purpose Forms and Reports--Oil, Gas, and Geothermal Resources
----------------------------------------------------------------------------------------------------------------
210.155......................... 210.155 What reports Burden covered under OMB Control Number 1010-0090
must I submit for (expires December 31, 2010)
Federal onshore
stripper oil
properties?
-----------------------------------------------------
(a) General. Operators
who have been granted a
reduced royalty rate by
the Bureau of Land
Management (BLM) under
43 CFR 3103.4-2 must
submit Form MMS-4377,
Stripper Royalty Rate
Reduction Notification,
under 43 CFR 3103.4-
2(b)(3).
* * * * *
----------------------------------------------------------------------------------------------------------------
Subtotal for Production Reporting........................................... 4,259,448 73,830
----------------------------------------------------------------------------------------------------------------
PART 212--RECORDS AND FILES MAINTENANCE
----------------------------------------------------------------------------------------------------------------
Subpart B--Oil, Gas and OCS Sulphur--General
----------------------------------------------------------------------------------------------------------------
212.50.......................... 212.50 Required Burden hours covered under 210.54(a) and (b); and
recordkeeping and 210.104(a) and (b)
reports
-----------------------------------------------------
All records pertaining
to offshore and onshore
Federal and Indian oil
and gas leases shall be
maintained by a lessee,
operator, revenue
payor, or other person
for 6 years after the
records are generated
unless the recordholder
is notified, in
writing, that records
must be maintained for
a longer period * * *
[In accordance with 30
U.S.C. 1724(f), Federal
oil and gas records
must be maintained for
7 years from the date
the obligation became
due.]
-----------------------------------------------------
212.51(a) and (b)............... (a) Records. Each Burden hours covered under 210.54(a) and (b); and
lessee, operator, 210.104(a) and (b).
revenue payor, or other
person shall make and
retain accurate and
complete records
necessary to
demonstrate that
payments of rentals,
royalties, net profit
shares, and other
payments related to
offshore and onshore
Federal and Indian oil
and gas leases are in
compliance with lease
terms, regulations, and
orders * * *
-----------------------------------------------------
(b) Period for keeping
records. Lessees,
operators, revenue
payors, or other
persons required to
keep records under this
section shall maintain
and preserve them for 6
years from the day on
which the relevant
transaction recorded
occurred unless the
Secretary notifies the
record holder of an
audit or investigation
involving the records
and that they must be
maintained for a longer
period * * *
[In accordance with 30
U.S.C. 1724(f), Federal
oil and gas records
must be maintained for
7 years from the date
the obligation became
due.]
----------------------------------------------------------------------------------------------------------------
Total for Royalty and Production Reporting.................................. 7,805,760 253,509
----------------------------------------------------------------------------------------------------------------
* Note: Each line of data is considered one response/report.
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: We have identified no ``non-hour'' cost burden associated with
the collection of information.
[[Page 44872]]
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 60-day notice in the Federal Register * * * 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 November 13, 2008 (73 FR 67197),
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
September 30, 2009.
Public Comment Policy: We will post all comments in response to
this notice at https://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm. We also will post all comments, including names and
addresses of respondents, at https://www.regulations.gov. Before
including your address, phone number, e-mail address, or other personal
identifying information in your comment, be advised 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 from public view your personal identifying information, we
cannot guarantee that we will be able to do so.
MMS Information Collection Clearance Officer: Arlene Bajusz (202)
208-7744.
Dated: August 11, 2009.
Jennifer L. Goldblatt,
Acting Associate Director for Minerals Revenue Management.
[FR Doc. E9-20905 Filed 8-28-09; 8:45 am]
BILLING CODE 4310-MR-P
