Agency Information Collection Activities: Proposed Collection, Comment Request, 25370-25373 [2011-10906]
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Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR part
1243
Hour
burden
Reporting and recordkeeping requirement
Average number of
annual responses
Annual burden
hours
(1) A written request asking us to consult a business-information,
or credit-reporting service or program to determine your financial solvency; and
(2) A nonrefundable $50 processing fee:
(i) You must pay the processing fee * * *;
(ii) You must submit the fee with your request * * * and then annually on the date we first determined that you demonstrated
financial solvency, as long as you are not able to demonstrate
financial solvency * * * and you have active appeals.
(d)* * * (2) For us to consider you financially solvent, the business-information or credit–reporting service or program must
demonstrate your degree of risk as low to moderate: * * *
1243.202(c) ................
When will ONRR monitor my financial solvency?
* * * (c) If our bond-approving officer determines that you are no
longer financially solvent, you must post a bond or other
ONRR-specified surety instrument under subpart B.
jlentini on DSKJ8SOYB1PROD with NOTICES
Total Burden ....................................................................................................................
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost Burden:
There are no additional recordkeeping
costs associated with this information
collection. However, ONRR estimates 5
appellants per year will pay a $50 fee
to obtain credit data from a business
information or credit reporting service,
which is a total ‘‘non-hour’’ cost burden
of $250 per year (5 appellants per year
× $50 = $250).
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
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.
The PRA also requires agencies to
estimate the total annual reporting ‘‘nonhour cost’’ burden to respondents or
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Jkt 223001
Burden hours covered under § 1243.4(a)(1).
..................
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. We also will post the ICR
on our Web site at https://www.onrr.gov/
Laws_R_D/FRNotices/ICR0122.htm.
Public Comment Policy: We 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
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105 ............................
105
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.
Information Collection Clearance
Officer: Rachel Drucker (202) 208–3568.
Dated: April 29, 2011.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2011–10905 Filed 5–3–11; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0009]
Agency Information Collection
Activities: Proposed Collection,
Comment Request
Office of Natural Resources
Revenue (ONRR), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1012–
0008).
AGENCY:
To comply with the
Paperwork Reduction Act of 1995
(PRA), the Office of Natural Resources
Revenue (ONRR) is inviting comments
on a collection of information that we
will submit to the Office of Management
and Budget (OMB) for review and
approval. This information collection
request (ICR) was formerly approved
under OMB Control Number 1010–0107.
SUMMARY:
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Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
However, OMB approved a new series
number and renumbered our ICRs after
the Secretary of the Interior established
ONRR (the former Minerals Revenue
Management, a program under the
Minerals Management Service) by
Secretarial Order 3299, which was
effective October 1, 2010. Also ONRR
published a rule, effective October 1,
2010, transferring our regulations from
chapter II to chapter XII in title 30 of the
Code of Federal Regulations (CFR. This
ICR covers the paperwork requirements
in the regulations under 30 CFR part
1218 (previously 30 CFR part 218).
DATES: Submit written comments on or
before July 5, 2011.
ADDRESSES: You may submit comments
on this ICR by any of the following
methods. Please use ‘‘ICR 1012–0008’’ as
an identifier in your comment.
• Electronically go to https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ONRR–
2011–0009, and then click search.
Follow the instructions to submit public
comments. The ONRR will post all
comments.
• Mail comments to Hyla Hurst,
Regulatory Specialist, Office of Natural
Resources Revenue, P.O. Box 25165, MS
61013B, Denver, Colorado 80225. Please
reference ICR 1012–0008 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 1012–0008
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or email hyla.hurst@onrr.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 Part 1218, Collection of
Monies Due the Federal Government.
OMB Control Number: 1012–0008.
Bureau Form Number: Form ONRR–
4425.
jlentini on DSKJ8SOYB1PROD with NOTICES
Note: This form is still listed as Form
MMS–4425 in the regulations. As ONRR
completes the transition to the new
organization, we will publish a rule updating
our form numbers in the CFR.
Abstract: The Secretary 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
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Jkt 223001
Indian lands and the OCS, collect the
royalties and other mineral revenues
due, and distribute the funds collected
in accordance with applicable laws. The
Secretary also has a trust responsibility
to manage Indian lands and seek advice
and information from Indian
beneficiaries. The ONRR performs the
mineral revenue management functions
for the Secretary and assists the
Secretary in carrying out the
Department’s trust responsibility for
Indian lands. Public laws pertaining to
mineral revenues are on our Web site at
https://www.onrr.gov/Laws_R_D/
PublicLawsAMR.htm.
Minerals produced from Federal and
Indian leases vary greatly in the nature
of occurrence, production, and
processing methods. 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 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. Such information is
generally available within the records of
the lessee or others involved in
developing, transporting, processing,
purchasing, or selling such minerals.
The information collected includes data
necessary to ensure that production is
accurately valued and royalties are
appropriately paid.
This ICR covers unique reporting
circumstances including (1) cross-lease
netting in calculation of late-payment
interest; (2) designation of designee; and
(3) and Tribal permission for
recoupment on Indian oil and gas
leases.
Cross-Lease Netting in Calculation of
Late-Payment Interest
Regulations at § 1218.54 require
ONRR to assess interest on unpaid or
underpaid amounts. The ONRR
distributes these interest revenues to
states, Indian Tribes, and the U.S.
Treasury, based on financial lease
distribution information. Current
regulations at § 1218.42 provide that an
overpayment on a lease or leases may be
offset against an underpayment on a
different lease or leases to determine the
net payment subject to interest, when
certain conditions are met. This is
called cross-lease netting. However,
sections 6(a), (b), and (c) of the Royalty
Simplification and Fairness Act (RSFA)
require ONRR to pay interest on lessees’
Federal oil and gas overpayments made
on or after February 13, 1997 (6 months
after the August 13, 1996, enactment of
RSFA). The ONRR implemented this
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25371
RSFA provision in 1997 and began
calculating interest on both
underpayments and overpayments for
Federal oil and gas leases, making the
cross-lease netting provisions at
§ 1218.42 no longer applicable for these
leases. The ONRR estimates that, in
about seven cases per year, lessees must
comply with the provisions of
§ 1218.42(b) and (c) for Indian Tribal
leases or Federal leases other than oil
and gas, demonstrating that cross-lease
netting is correct by submitting
production reports, pipeline allocation
reports, or other similar documentary
evidence. This information is necessary
for ONRR to determine the correct
amount of interest owed by the lessee
and to ensure that proper value is
collected.
Designation of Designee
The RSFA established that lessees
(owners, primarily, of operating rights,
or secondarily, lease record title) are
responsible for making royalty and
related payments on Federal oil and gas
leases. These RSFA requirements are
codified at § 1218.52. It is common,
however, for a payor rather than a lessee
to make these payments. When a payor
makes payments on behalf of a lessee,
RSFA section 6(g) requires that the
lessee designate the payor as its
designee and notify ONRR of this
arrangement in writing. Form ONRR–
4425, Designation Form for Royalty
Payment Responsibility (formerly Form
MMS–4425), was designed to request all
the information necessary for lessees to
comply with these RSFA requirements
when they choose to designate an agent
to pay for them.
Tribal Permission for Recoupment on
Indian Oil and Gas Leases
Regulations at § 1218.53(b) allow
lessees with written permission from
the Tribe to recoup overpayments on
one lease against a different lease for
which the Tribe is the lessor. The payor
must provide ONRR with a copy of the
Tribe’s written permission. Generally, a
payor may recoup an overpayment
against the current month’s royalties or
other revenues owed on the same Tribal
lease. For any month, a payor may not
recoup more than 50 percent of the
royalties or other revenues owed in that
month, under an individual allotted
lease, or more than 100 percent of the
royalties or other revenues owed in that
month, under a Tribal lease. Lessees
report oil and gas lease recoupments on
Form MMS–2014, Report of Sales and
Royalty Remittance (which will be
renumbered as Form ONRR–2014, as we
complete the process of updating our
forms and the regulations). The burden
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Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
hours are covered under ICR 1012–0004,
formerly ICR 1010–0139.
Request to OMB
We are requesting OMB’s approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge the
duties of the office 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: On occasion.
Estimated Number and Description of
Respondents: 1,630 Federal and Indian
lessees.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 1,255
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
Citation
30 CFR part 1218
Reporting and recordkeeping
requirement
Average
number of
annual
responses
Hour burden
Annual
burden
hours
Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest
1218.42(b) and (c) ..................................
Cross-lease netting in calculation of late-payment
interest. (b) Royalties attributed to production
from a lease or leases which should have been
attributed to production from a different lease or
leases may be offset * * * if * * * the payor
submits production reports, pipeline allocation
reports, or other similar documentary evidence
pertaining to the specific production involved
which verifies the correct production information
* * *.
(c) If ONRR assesses late-payment interest and
the payor asserts that some or all of the interest is not owed * * * the burden is on the
payor to demonstrate that the exception applies
* * *.
2
25
50
1,600
1,200
Subpart B—Oil and Gas, General—How does a lessee designate a Designee?
1218.52 (a), (c), and (d) .........................
How does a lessee designate a Designee? (a) If
you are a lessee under 30 U.S.C. 1701(7), and
you want to designate a person to make all or
part of the payments due under a lease on your
behalf * * * you must notify ONRR * * * in
writing of such designation * * *.
(c) If you want to terminate a designation * * *
you must provide [the following] to ONRR in
writing * * *.
(d) ONRR may require you to provide notice
when there is a change in the percentage of
your record title or operating rights ownership.
The ONRR currently uses Form MMS–4425, Designation Form for Royalty Payment Responsibility, to collect this information.
0.72
Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases
Recoupment of overpayments on Indian mineral
leases. (b) With written permission authorized
by Tribal statute or resolution, a payor may recoup an overpayment against royalties or other
revenues owed . . . under other leases * * *.
A copy of the Tribe’s written permission must
be furnished to ONRR * * *.
1
5
5
Total Burden ....................................
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1218.53(b) ...............................................
.................................................................................
........................
1,630
1,255
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour Cost’’ Burden:
We have identified no ‘‘non-hour cost’’
burden associated with the collection of
information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
VerDate Mar<15>2010
17:45 May 03, 2011
Jkt 223001
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)
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Sfmt 4703
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
E:\FR\FM\04MYN1.SGM
04MYN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
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.
The PRA also requires agencies to
estimate the total annual reporting ‘‘nonhour 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. We also will post the ICR
on our Web site at https://www.onrr.gov/
Laws_R_D/FRNotices/ICR0107.htm.
Public Comment Policy: We 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
VerDate Mar<15>2010
17:45 May 03, 2011
Jkt 223001
information, we cannot guarantee that
we will be able to do so.
Information Collection Clearance
Officer: Rachel Drucker (202) 208–3568.
Dated: April 28, 2011.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2011–10906 Filed 5–3–11; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–772]
Certain Polyimide Films, Products
Containing Same, and Related
Methods; Notice of Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
April 1, 2011, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Kaneka
Corporation of Japan. The complaint
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain polyimide films,
products containing same, and related
methods by reason of infringement of
certain claims of U.S. Patent No.
6,264,866 (‘‘the ‘866 patent’’); U.S.
Patent No. 6,746,639 (‘‘the ‘639 patent’’);
U.S. Patent No. 7,018,704 (‘‘the ‘704
patent’’); and U.S. Patent No. 7,691,961
(‘‘the ‘961 patent’’). The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street, SW., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
SUMMARY:
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25373
to the Commission should contact the
Office of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The
Office of Dockets Services, U.S.
International Trade Commission,
telephone (202) 205–1802.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2011).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
April 27, 2011, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain polyimide films,
products containing same, and related
methods that infringe one or more of
claims 1–14 of the ‘866 patent; claims
1–6 of the ‘639 patent; claims 1–5 of the
‘704 patent; and claims 1–20 of the ‘961
patent, and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Kaneka
Corporation, 3–2–4 Nakanoshima, Kitaku, Osaka 530–8288, Japan.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
SKC Kolon PI, Inc., 9th Fl. Daego
Building, 1591–10, Gwangyang-dong,
Dongan-gu, Anyang-si, Gyeonggi-do,
431–060, Korea;
SKC Inc., 1000 SKC Drive, Covington,
GA 30014.
(3) For the investigation so instituted,
the Honorable Paul J. Luckern, Chief
Administrative Law Judge, U.S.
International Trade Commission, shall
designate the presiding Administrative
Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
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]]>Agencies
[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Pages 25370-25373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10906]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0009]
Agency Information Collection Activities: Proposed Collection,
Comment Request
AGENCY: Office of Natural Resources Revenue (ONRR), Interior.
ACTION: Notice of an extension of a currently approved information
collection (OMB Control Number 1012-0008).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), the
Office of Natural Resources Revenue (ONRR) is inviting comments on a
collection of information that we will submit to the Office of
Management and Budget (OMB) for review and approval. This information
collection request (ICR) was formerly approved under OMB Control Number
1010-0107.
[[Page 25371]]
However, OMB approved a new series number and renumbered our ICRs after
the Secretary of the Interior established ONRR (the former Minerals
Revenue Management, a program under the Minerals Management Service) by
Secretarial Order 3299, which was effective October 1, 2010. Also ONRR
published a rule, effective October 1, 2010, transferring our
regulations from chapter II to chapter XII in title 30 of the Code of
Federal Regulations (CFR. This ICR covers the paperwork requirements in
the regulations under 30 CFR part 1218 (previously 30 CFR part 218).
DATES: Submit written comments on or before July 5, 2011.
ADDRESSES: You may submit comments on this ICR by any of the following
methods. Please use ``ICR 1012-0008'' as an identifier in your comment.
Electronically go to https://www.regulations.gov. In the
entry titled ``Enter Keyword or ID,'' enter ONRR-2011-0009, and then
click search. Follow the instructions to submit public comments. The
ONRR will post all comments.
Mail comments to Hyla Hurst, Regulatory Specialist, Office
of Natural Resources Revenue, P.O. Box 25165, MS 61013B, Denver,
Colorado 80225. Please reference ICR 1012-0008 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 1012-0008 in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla Hurst, telephone (303) 231-3495,
or e-mail hyla.hurst@onrr.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 Part 1218, Collection of Monies Due the Federal
Government.
OMB Control Number: 1012-0008.
Bureau Form Number: Form ONRR-4425.
Note: This form is still listed as Form MMS-4425 in the
regulations. As ONRR completes the transition to the new
organization, we will publish a rule updating our form numbers in
the CFR.
Abstract: The Secretary 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. The
Secretary also has a trust responsibility to manage Indian lands and
seek advice and information from Indian beneficiaries. The ONRR
performs the mineral revenue management functions for the Secretary and
assists the Secretary in carrying out the Department's trust
responsibility for Indian lands. Public laws pertaining to mineral
revenues are on our Web site at https://www.onrr.gov/Laws_R_D/PublicLawsAMR.htm.
Minerals produced from Federal and Indian leases vary greatly in
the nature of occurrence, production, and processing methods. 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 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. Such information is generally
available within the records of the lessee or others involved in
developing, transporting, processing, purchasing, or selling such
minerals. The information collected includes data necessary to ensure
that production is accurately valued and royalties are appropriately
paid.
This ICR covers unique reporting circumstances including (1) cross-
lease netting in calculation of late-payment interest; (2) designation
of designee; and (3) and Tribal permission for recoupment on Indian oil
and gas leases.
Cross-Lease Netting in Calculation of Late-Payment Interest
Regulations at Sec. 1218.54 require ONRR to assess interest on
unpaid or underpaid amounts. The ONRR distributes these interest
revenues to states, Indian Tribes, and the U.S. Treasury, based on
financial lease distribution information. Current regulations at Sec.
1218.42 provide that an overpayment on a lease or leases may be offset
against an underpayment on a different lease or leases to determine the
net payment subject to interest, when certain conditions are met. This
is called cross-lease netting. However, sections 6(a), (b), and (c) of
the Royalty Simplification and Fairness Act (RSFA) require ONRR to pay
interest on lessees' Federal oil and gas overpayments made on or after
February 13, 1997 (6 months after the August 13, 1996, enactment of
RSFA). The ONRR implemented this RSFA provision in 1997 and began
calculating interest on both underpayments and overpayments for Federal
oil and gas leases, making the cross-lease netting provisions at Sec.
1218.42 no longer applicable for these leases. The ONRR estimates that,
in about seven cases per year, lessees must comply with the provisions
of Sec. 1218.42(b) and (c) for Indian Tribal leases or Federal leases
other than oil and gas, demonstrating that cross-lease netting is
correct by submitting production reports, pipeline allocation reports,
or other similar documentary evidence. This information is necessary
for ONRR to determine the correct amount of interest owed by the lessee
and to ensure that proper value is collected.
Designation of Designee
The RSFA established that lessees (owners, primarily, of operating
rights, or secondarily, lease record title) are responsible for making
royalty and related payments on Federal oil and gas leases. These RSFA
requirements are codified at Sec. 1218.52. It is common, however, for
a payor rather than a lessee to make these payments. When a payor makes
payments on behalf of a lessee, RSFA section 6(g) requires that the
lessee designate the payor as its designee and notify ONRR of this
arrangement in writing. Form ONRR-4425, Designation Form for Royalty
Payment Responsibility (formerly Form MMS-4425), was designed to
request all the information necessary for lessees to comply with these
RSFA requirements when they choose to designate an agent to pay for
them.
Tribal Permission for Recoupment on Indian Oil and Gas Leases
Regulations at Sec. 1218.53(b) allow lessees with written
permission from the Tribe to recoup overpayments on one lease against a
different lease for which the Tribe is the lessor. The payor must
provide ONRR with a copy of the Tribe's written permission. Generally,
a payor may recoup an overpayment against the current month's royalties
or other revenues owed on the same Tribal lease. For any month, a payor
may not recoup more than 50 percent of the royalties or other revenues
owed in that month, under an individual allotted lease, or more than
100 percent of the royalties or other revenues owed in that month,
under a Tribal lease. Lessees report oil and gas lease recoupments on
Form MMS-2014, Report of Sales and Royalty Remittance (which will be
renumbered as Form ONRR-2014, as we complete the process of updating
our forms and the regulations). The burden
[[Page 25372]]
hours are covered under ICR 1012-0004, formerly ICR 1010-0139.
Request to OMB
We are requesting OMB's approval to continue to collect this
information. Not collecting this information would limit the
Secretary's ability to discharge the duties of the office 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: On occasion.
Estimated Number and Description of Respondents: 1,630 Federal and
Indian lessees.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,255
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
----------------------------------------------------------------------------------------------------------------
Average
Reporting and recordkeeping number of Annual burden
Citation 30 CFR part 1218 requirement Hour burden annual hours
responses
----------------------------------------------------------------------------------------------------------------
Subpart A--General Provisions--Cross-lease netting in calculation of late-payment interest
----------------------------------------------------------------------------------------------------------------
1218.42(b) and (c)................. Cross-lease netting in 2 25 50
calculation of late-
payment interest. (b)
Royalties attributed to
production from a lease or
leases which should have
been attributed to
production from a
different lease or leases
may be offset * * * if * *
* the payor submits
production reports,
pipeline allocation
reports, or other similar
documentary evidence
pertaining to the specific
production involved which
verifies the correct
production information * *
*.
(c) If ONRR assesses late- .............. .............. ..............
payment interest and the
payor asserts that some or
all of the interest is not
owed * * * the burden is
on the payor to
demonstrate that the
exception applies * * *.
----------------------------------------------------------------------------------------------------------------
Subpart B--Oil and Gas, General--How does a lessee designate a Designee?
----------------------------------------------------------------------------------------------------------------
1218.52 (a), (c), and (d).......... How does a lessee designate 0.72 1,600 1,200
a Designee? (a) If you are
a lessee under 30 U.S.C.
1701(7), and you want to
designate a person to make
all or part of the
payments due under a lease
on your behalf * * * you
must notify ONRR * * * in
writing of such
designation * * *.
(c) If you want to .............. .............. ..............
terminate a designation *
* * you must provide [the
following] to ONRR in
writing * * *.
(d) ONRR may require you to .............. .............. ..............
provide notice when there
is a change in the
percentage of your record
title or operating rights
ownership.
The ONRR currently uses .............. .............. ..............
Form MMS-4425, Designation
Form for Royalty Payment
Responsibility, to collect
this information.
----------------------------------------------------------------------------------------------------------------
Subpart B--Oil and Gas, General--Recoupment of overpayments on Indian mineral leases
----------------------------------------------------------------------------------------------------------------
1218.53(b)......................... Recoupment of overpayments 1 5 5
on Indian mineral leases.
(b) With written
permission authorized by
Tribal statute or
resolution, a payor may
recoup an overpayment
against royalties or other
revenues owed . . . under
other leases * * *. A copy
of the Tribe's written
permission must be
furnished to ONRR * * *.
-----------------------------------------------
Total Burden................... ........................... .............. 1,630 1,255
----------------------------------------------------------------------------------------------------------------
Estimated Annual Reporting and Recordkeeping ``Non-hour Cost''
Burden: We have identified no ``non-hour 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: Before submitting an ICR to OMB, PRA section
3506(c)(2)(A) 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
[[Page 25373]]
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.
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. We also will post the ICR on our
Web site at https://www.onrr.gov/Laws_R_D/FRNotices/ICR0107.htm.
Public Comment Policy: We 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.
Information Collection Clearance Officer: Rachel Drucker (202) 208-
3568.
Dated: April 28, 2011.
Gregory J. Gould,
Director, Office of Natural Resources Revenue.
[FR Doc. 2011-10906 Filed 5-3-11; 8:45 am]
BILLING CODE 4310-MR-P
