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[Federal Register: July 11, 2002 (Volume 67, Number 133)]
[Notices]
[Page 45988-45990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy02-79]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection Activities: Submitted for Office of
Management and Budget (OMB) Review; Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of a revision of a currently approved information
collection (OMB Control Number 1010-0121).
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SUMMARY: To comply with the Paperwork Reduction Act (PRA) of 1995, we
are submitting to OMB for review and approval an information collection
request (ICR) titled ``Administrative Appeal Procedures'' (formerly
titled ``Preliminary Statement of Issues and Fee Waiver''). We are also
soliciting comments from the public on this ICR.
DATES: Submit written comments on or before August 12, 2002.
ADDRESSES: Submit written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for the Department of
the Interior (OMB Control Number 1010-0107), 725 17th Street, NW.,
Washington, DC 20503. Also, submit copies of your written comments to
Carol Shelby, Regulatory Specialist, Minerals Management Service, MS
320B2, PO Box 25165, Denver, Colorado 80225. If you use an overnight
courier service, MMS's courier address is Building 85, Room A-614,
Denver Federal Center, Denver, Colorado 80225. You may also submit your
comments at our e-mail address mrm.comments@mms.gov. Include the title
of the information collection and the OMB control number in the
``Attention'' line of your comment. Also include your name and return
address. Submit electronic comments as an ASCII file avoiding the use
of special characters and any form of encryption. If you do not receive
a confirmation that we have received your email, contact Ms. Shelby at
(303) 231-3151 or FAX (303) 231-3385.
FOR FURTHER INFORMATION CONTACT: Carol Shelby, Regulatory Specialist,
phone (303) 231-3151 or FAX (303) 231-3385.
SUPPLEMENTARY INFORMATION:
Title: Administrative Appeal Procedures.
OMB Control Number: 1010-0121.
Bureau Form Numbers: None.
Abstract: The Department of the Interior (DOI) is responsible for
matters relevant to mineral resource development on Federal and Indian
lands and the Outer Continental Shelf (OCS). The Secretary of the
Interior is responsible for managing the production of minerals from
Federal and Indian lands and the OCS, collecting royalties from lessees
who produce minerals, and distributing the funds collected in
accordance with applicable laws. The Secretary also has an Indian trust
responsibility to manage Indian lands and seek advice and information
from Indian beneficiaries. MMS performs the royalty management
functions for the Secretary.
On January 12, 1999, DOI published a proposed rule in the Federal
Register (64 FR 1930) to revise the appeals process. Proposed 43 CFR
part 4, subpart J, would have established a new 1-step process for
appeals of royalty orders. Among other actions, the proposed rule would
have replaced the current regulations at 30 CFR part 290 and 43 CFR
part 4, subpart E, as they relate to appeals of royalty orders. MMS
submitted an information collection request entitled ``Preliminary
Statement of Issues and Fee Waiver'' to cover the information
collection requirements in that proposed rule. OMB approved that
request on April 13, 1999, and assigned OMB Control Number 1010-0121.
MMS received numerous negative comments about some of the
provisions in the proposed rule. Consequently, on May 13, 1999, MMS
published a final rule in the Federal Register (64 FR 26240) making
final only those portions of the January 1999 proposed rule that
received few, if any, comments. For example, rather than finalizing the
substantive procedural changes in the proposed rule, the regulations in
30 CFR part 290 were separated into two subparts--subparts A and B--and
rewritten using plain English principles. Subpart A relates to appeals
for the Offshore Minerals Management program, and subpart B relates to
appeals for the Royalty Management Program (currently Minerals Revenue
Management). Subpart J of 43 CFR part 4 was added to the final rule to
incorporate specific time frames required in the Federal Oil and Gas
Royalty Simplification and Fairness Act of 1996. However, the final
rule does not contain the substantive changes required to change the
appeals process from a 2-step to a 1-step process as originally
proposed in the proposed rule.
MMS is revising this information collection to cover the reporting
requirements contained in the final rule. These requirements are
located in 30 CFR parts 250 and 290. Refer to the burden chart for
identified reporting
[[Page 45989]]
requirements and associated burden hours. Submission of the information
in this collection is necessary for MMS to initiate and track appeals
of disputed orders. Proprietary information that is 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: 170 lessees or
designees.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 265
hours. See the following chart for a breakdown of the burden estimate
by CFR section and paragraph.
----------------------------------------------------------------------------------------------------------------
Annual Burden Annual
30 CFR Section Requirement number of hours per burden
responses response hours
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250.1409 (a); (b)(2).................... (a) When you receive the 10 1 10
Reviewing Officer's final
decision, you have 60 days to
either pay the penalty or file
an appeal in accordance with
30 CFR part 290 * * * (b) If
you file an appeal, you must
either: (1) [see Sec.
250.1409(b)(1) below] or (2)
Notify the Regional
Adjudication Office * * * that
you want your lease-specific/
area-wide bond on file to be
used as the bond for the
penalty amount * * *.
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250.1409 (b)(1)......................... (b) If you file an appeal, you (\1\) ........... ...........
must either: (1) Submit a
surety bond * * * or (2) [see
Sec. 250.1409(b)(2) above] *
* *.
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290.4(a), (b)(1)........................ For your appeal to be filed, 10 10 100
MMS must receive all of the
following within 60 days after
you receive the decision or
order: (a) A written Notice of
Appeal together with a copy of
the decision or order you are
appealing * * * (b) A
nonrefundable processing fee
of $150 paid with the Notice
of Appeal * * * (1) Identify
the order you are appealing on
the check or other form of
payment * * *.
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290.7(a)(2)............................. (a) The decision or order is (\1\) ........... ...........
effective during the 60-day
period for filing an appeal *
* * unless (1) * * * or (2)
you post a surety bond under
30 CFR 250.1409 pending the
appeal * * *.
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290.105(a)(1) and (2)................... (a) You may appeal an order to 150 1 150
the Director, Minerals (\2\)
Management Service * * * by
filing a Notice of Appeal in
the office of the official
issuing the order within 30
days from service of the order
* * * (1) Within the same 30-
day period, you must file * *
* a statement of reasons or
written arguments or briefs *
* * (2) If you are a designee,
when you file your Notice of
Appeal, you must serve your
Notice of Appeal on the
lessees for the leases in the
order you appealed.
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290.106(a).............................. (a) If you are a lessee, * * * 10 .5 5
you may join in that appeal.
* * * by filing a Notice of
Joinder with the office or
official that issued the order.
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Total............................... ............................... 180 ........... 265
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\1\ Burden covered in OMB Control Number 1010-0006.
\2\ The statement of reasons required in 30 CFR 290.105(a)(1) is part of the administrative appeals process and
is exempt from the Paperwork Reduction Act of 1995. Consequently, the burden for preparation of the statement
of reasons is not included in this information collection request.
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Burden:
We have identified $1,500 of ``non-hour'' cost burden.
Comments: Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, et
seq.) 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, on February 28,
2002, we published a Federal Register notice (67 FR 9316) with the
required 60-day comment period announcing that we would submit this ICR
to OMB for approval. We received comments from one organization. We
responded to the comments in our ICR submission for OMB approval. We
have posted a copy of the ICR at our Internet Web site http://
www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.hem. We will also provide
a copy of the ICR to you without charge upon request.
If you wish to comment in response to this notice, please send your
comments directly to the offices listed under the ADDRESSES section of
this notice. 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 your comments by
August 12, 2002. The PRA 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.
[[Page 45990]]
Public Comment Policy: We will post all comments received in
response to this notice on our Internet Web site at http://
www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm for public review. We
also make copies of these comments, including names and home addresses
of respondents, available for public review during regular business
hours at our offices in Lakewood, Colorado.
Individual respondents may request that we withhold their home
address from the record, which we will honor to the extent allowable by
law. There may be circumstances in which we would withhold from the
record a respondent's identity, as allowable by the law. If you wish us
to withhold your name and/or address, you must state this prominently
at the beginning of your comments. However, we will not consider
anonymous comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
MMS Information Collection Clearance Officer: Jo Ann Lauterbach,
telephone (202) 208-7744.
Dated: July 2, 2002.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 02-17407 Filed 7-10-02; 8:45 am]
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