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Federal Register / Vol. 73, No.

69 / Wednesday, April 9, 2008 / Notices 19241

IV. Request for Comments Dated: March 28, 2008. address is Building 85, Room A–614,
The Bureau of Indian Affairs requests Carl J. Artman, Denver Federal Center, West 6th Ave.
your comments on this collection Assistant Secretary—Indian Affairs. and Kipling Blvd., Denver, Colorado
concerning: (a) The necessity of this [FR Doc. E8–7413 Filed 4–8–08; 8:45 am] 80225. Please reference ICR 1010–0119
information collection for the proper BILLING CODE 4310–4J–P
in your comments.
performance of the functions of the FOR FURTHER INFORMATION CONTACT:
agency, including whether the Armand Southall, telephone (303) 231–
information will have practical utility; DEPARTMENT OF THE INTERIOR 3221, or e-mail
(b) the accuracy of the agency’s estimate armand.southall@mms.gov. You may
of the burden (hours and cost) of the Minerals Management Service also contact Armand Southall to obtain
collection of information, including the [Docket No. MMS–2008–MRM–0010] copies, at no cost, of (1) The ICR, (2) any
validity of the methodology and associated forms, and (3) the regulations
assumptions used; (c) ways we could Agency Information Collection that require the subject collection of
enhance the quality, utility and clarity Activities: Proposed Collection, information.
of the information to be collected; and Comment Request SUPPLEMENTARY INFORMATION:
(d) ways we could minimize the burden Title: 30 CFR Part 208, RIK Oil and
of the collection of the information on AGENCY: Minerals Management Service
(MMS), Interior. Gas.
the respondents, such as through the OMB Control Number: 1010–0119.
use of automated collection techniques ACTION: Notice of a revision of a
Bureau Form Number: Forms MMS–
or other forms of information currently approved information 4070, MMS–4071, and MMS–4072.
technology. collection (OMB Control Number 1010– Abstract: The Secretary of the U.S.
Please note that an agency may not 0119). Department of the Interior is responsible
sponsor or request, and an individual for matters relevant to mineral resource
need not respond to, a collection of SUMMARY: To comply with the
Paperwork Reduction Act of 1995 development on Federal and Indian
information unless it has a valid OMB lands and the Outer Continental Shelf
Control Number. The OMB Control (PRA), we are inviting comments on a
collection of information that we will (OCS). The Secretary, under the Mineral
Number for this collection is 1076– Leasing Act of 1920 (30 U.S.C. 1923),
0094. submit to the Office of Management and
Budget (OMB) for review and approval. the Indian Mineral Development Act of
Please note that all comments 1982 (25 U.S.C. 2103), and the Outer
received will be available for public The previous title of this information
collection request (ICR) was ‘‘30 CFR Continental Shelf Lands Act (43 U.S.C.
review 2 weeks after comment period 1353), is responsible for managing the
closes. Before including your address, Part 208—Sale of Federal Royalty Oil;
Sale of Federal Royalty Gas; and production of minerals from Federal
phone number, e-mail address or other and Indian lands and the OCS,
personally identifiable information, be Commercial Contracts (Forms MMS–
4070, Application for the Purchase of collecting royalties and other mineral
advised that your entire comment— revenues from lessees who produce
including your personally identifiable Royalty Oil; MMS–4071, Letter of
Credit; and MMS–4072, Royalty-in-Kind minerals, and distributing the funds
information—may be made public at collected in accordance with applicable
any time. While you may request that Contract Surety Bond).’’ The new title of
this ICR is ‘‘30 CFR Part 208, RIK Oil laws. The MMS performs the mineral
we withhold your personally revenue management functions for the
identifiable information, we cannot and Gas.’’
Secretary.
guarantee that we will be able to do so. DATES: Submit written comments on or Public laws pertaining to mineral
We do not consider anonymous before June 9, 2008. revenues are on our Web site at http://
comments. All comments from ADDRESSES: You may submit comments www.mrm.mms.gov/Laws_R_D/
representatives of businesses or by the following methods: PublicLawsAMR.htm. These public laws
organizations will be made public in • Electronically go to http:// and 30 CFR part 208, as well as specific
their entirety. We may withhold www.regulations.gov. In the ‘‘Comment language in the actual lease documents,
comments from review for other or Submission’’ column, enter ‘‘MMS– authorize the Secretary to sell royalty oil
reasons. 2008–MRM–0010’’ to view supporting and gas accruing to the United States.
OMB Control Number: 1076–0094. and related materials for this ICR. Click The standard lease terms state that
Type of review: Renewal. on ‘‘Send a comment or submission’’
Title: Title 25 CFR 11, Subpart F, Law royalties are due in amount or in value.
link to submit public comments. In addition, these citations authorize the
& Order on Indian Reservations. Information on using Regulations.gov,
Brief Description of collection: This Secretary to prescribe proper rules and
including instructions for accessing regulations and to do any and all things
collection is required to obtain a benefit,
documents, submitting comments, and necessary to accomplish the purpose of
namely either a marriage license or a
viewing the docket after the close of the applicable laws. The MMS directs
dissolution of marriage. Details of
comment period, is available through communications between MMS
information are contained in Section III
the site’s ‘‘User Tips’’ link. All operators and RIK purchasers through
Information Collected.
Respondents: Persons who reside on comments submitted will be posted to commercial contracts, situation-specific
land under the jurisdiction of a Court of the docket. ‘‘Dear Operator’’ letters, or, in the case
Indian Offenses. • Mail comments to Armand of eligible refiners, through regulations
Number of Respondents: 260. Southall, Regulatory Specialist, at 30 CFR part 208.
Estimated Time per Response: 15 Minerals Management Service, Minerals
General Information
mstockstill on PROD1PC66 with NOTICES

minutes. Revenue Management, P.O. Box 25165,


Frequency of Response: On occasion. MS 302B2, Denver, Colorado 80225. The MMS is responsible for ensuring
Total Annual Burden to Respondents: Please reference ICR 1010–0119 in your that all revenues from Federal and
65 hours. comments. Indian mineral leases are accurately
Total Annual Cost to Respondents: • Hand-carry comments or use an collected and accounted for and
Negligible. overnight courier service. Our courier appropriately disbursed to recipients.

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19242 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices

Historically, most of these revenues on behalf of the Secretary, performs a requests specific information, i.e., the
have been received in the form of cash Determination of Need prior to issuing location of their refinery; number of
royalty payments, i.e., royalty in-value a Notice of Availability of Royalty Oil persons employed by the refinery; type
payments. These payments are paid by for sale. The MMS uses the feedback of crude desired (e.g., Light Louisiana
mineral development interests. from the Determination of Need Sweet); the specific area in which the
Beginning in the late nineties, MMS respondents (eligible refiners or other applicant is interested and
conducted pilots to test the approach of interested parties, i.e., lessees, documentation supporting an
taking RIK. operators) to assess current marketplace established history in the requested
The Federal Government’s MMS RIK conditions. If MMS determines the area; and the percentage of total refining
pilot program became a permanent program should continue, MMS may capacity attributable to Federal oil
operational program after several years dispose of any royalty oil taken in kind versus other sources.
of pilot project testing. The MMS RIK by conducting a sale of such oil, through The Federal Government’s
operational program takes payment from an allocation process, to eligible administration of the eligible refiner
mineral lessees ‘‘in kind’’ in the form of refiners. The most recent Determination program is aided significantly by the
produced crude oil and natural gas of Need assessment, requesting specific collection of information requested on
volumes, rather than in cash payments. information from interested parties, was Form MMS–4070. The MMS uses the
The lessee transfers the title of the crude published in the Federal Register on information collected to determine the
oil or natural gas to the Federal January 16, 2008. eligibility of refiners wanting to enter
Government, and MMS sells the In order to qualify for RIK sales, into contracts to purchase royalty oil
received product (crude oil or natural eligible refiners must prequalify by (1) and to provide a basis for the allocation
gas) to agents in the marketplace and signing the MMS base contract, ‘‘RIK of available royalty oil among eligible
disburses revenues as prescribed by law. Crude Oil General Terms and refiners, when necessary; that is, they
The MMS sells some product Conditions,’’ which is located at http:// meet the small refiner eligibility
competitively in the unrestricted www.mrm.mms.gov/rikweb/PDFDocs/ requirements issued by the Small
marketplace, and the other RIK product gtcexh.pdf, and (2) providing detailed Business Administration, as explained
MMS sells competitively to eligible financial information. Upon under § 208.6.
refiners (a small and independent prequalification, MMS will issue an
Directed Communications by Operators
refiner, as defined in 30 CFR 208.2). amount of unsecured credit, based on
of Federal Oil and Gas Leases
Additionally, when directed, MMS the creditability of the offeror.
delivers the RIK product to other Collection of RIK crude oil and
Notice of Availability of Royalty Oil— natural gas for eligible refiners and other
Federal agencies, as has been the case
Federal Register Notice RIK purchasers requires communication
during the fill of the Strategic Petroleum
Reserve (SPR), directed by the President Under § 208.5, if MMS finds from the between MMS and the operators of a
in 2007, with scheduled completion Determination of Need process that the lease to ensure accurate and timely
upon reaching a capacity of 727 million program should continue, MMS would delivery of MMS’s royalty share of
barrels. Specifically, within the MMS then publish a Notice of Availability of production volumes. In order to take
RIK operational program, MMS Royalty Oil for sale in the Federal MMS’s crude oil or natural gas in kind,
conducts the eligible small refiner, SPR, Register and other printed media, when MMS, as the responsible steward of oil
offshore, and Wyoming natural gas appropriate. This notice advises and gas royalties, must direct operators
programs. industry of a forthcoming RIK crude oil of affected MMS leases to provide three
Recently, MMS consolidated and sale for eligible refiners and includes types of communication:
revised existing procedures and policies administrative details concerning the (1) Report information about the
guiding the sale of onshore and offshore application, the allocation process, and projected volumes and qualities of RIK
royalty crude oil and natural gas (1) To the contract award process for the crude oil or natural gas production the
establish uniformity within the royalty oil. It also details specific operator expects to make available for
regulatory and operational framework; information about the crude oil types delivery in the following month, and
(2) to provide industry with a more offered for sale and the location of report corrections to those projected
efficient and responsive MMS RIK delivery points. volumes and qualities for previous
operational program; and (3) to improve Under § 208.10(e), eligible refiners months, submitted monthly no later
the Federal Government’s who purchase royalty oil cannot than 10 days before the first day of
administration of this program. For transfer, assign, or sell their rights or following month;
example, several of the reporting interest in a royalty oil contract without (2) Report cost/invoicing information
requirements for eligible refiners under written approval of the MMS Director. about transportation charges incurred
30 CFR part 208 have been combined This provision is intended to ensure for delivering the RIK product to the
with reporting requirements for other that only qualified eligible refiners delivery point, when applicable; and
RIK purchasers. However, due to the benefit from these sales of royalty oil. (3) Report month-end summary
unique nature of the sale of crude oil to information (lease imbalance statement)
Form MMS–4070—Application for the regarding total RIK crude oil or natural
eligible refiners, certain requirements
Purchase of Royalty Oil gas volumes and qualities needed to
pertain only to that eligible refiner
program. Under § 208.6, eligible refiners carry over to the next month to resolve
interested in purchasing royalty oil aggregated imbalances that have
Eligible Refiner Information— must submit Form MMS–4070, which is occurred in prior months of RIK
Determination of Need located at http://www.mrm.mms.gov/ deliveries.
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As stated earlier, royalties may be ReportingServices/PDFDocs/4070.pdf. In marketing the product, information


paid ‘‘in value’’ or ‘‘in kind.’’ The This form serves as certification that the received through MMS’s directed
regulations at 30 CFR part 208, Sale of company qualifies under the Small communication is essential for MMS to
Federal Royalty Oil, govern the RIK Refiner Program as defined under ensure the delivery and acceptance of
program of Federal oil for eligible § 208.2. On Form MMS–4070, MMS verifiable quantities and qualities of
refiners. Under § 208.4(a) and (b), MMS, crude oil and natural gas. In cases when

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Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices 19243

MMS is directed to deliver the product will submit when MMS offers requires a specific MMS-approved
to other Federal agencies, these types of production for competitive sale; (2) format. All parent guaranties must
directed communication are necessary offerors’ statements of financial specify a dollar amount of the guaranty
so that exchange contractors can arrange qualification (audited financial and the effective term.
to timely accept accurate amounts and statements or 10K report/statement); For awards exceeding the amount of
qualities of royalty oil that will be and (3) surety instruments, such as a unsecured credit issued by MMS,
delivered by MMS’s exchange partner Letter of Credit (LOC), bond, successful offerors will be required to
and for MMS to verify timely fulfillment prepayment, or parent guaranty when provide secured financial assurance in
of operators’ and lessees’ royalty financial qualification is not sufficient. the form of an LOC, bond, or other
obligations to the Federal Government. All LOCs are irrevocable. MMS-acceptable surety instrument
The types of directed communication The MMS typically offers royalty oil within 5 business days prior to the first
and the supporting data, which MMS and gas production for sale by Invitation delivery under the contract.
requires operators to use in setting up for Offers (IFOs) to those offerors who
In cases of high-risk counterparties, or
the monthly delivery of RIK to the have previously established their
large awards of RIK crude oil or natural
purchaser, are standard business qualifications. The MMS evaluates all
gas, MMS will require a surety
practices in the oil and gas industry. offers to determine which combination
instrument to guarantee performance
Sample ‘‘Dear Operator’’ letters are of price and other terms comprises the
posted on RIK’s Web site at http:// best return to the U.S. Department of the under RIK sales or exchange agreement.
www.mrm.mms.gov/rikweb/ Treasury and to any affected state. Surety instruments are commonly used
RIKOperLts.htm. Financial Statements. The MMS may in the commercial oil and gas industry
request that a bidder submit its publicly as a standard course of business where
Third-Party Agreements available statements of its financial risk is encountered from counterparties.
Section 208.9 requires that eligible condition (brought briefly up to date, if The surety instruments provide the
refiners who purchase royalty oil must needed) or other related qualification Federal Government with a means to
submit to MMS two copies of any information. The MMS evaluates the collect money if refiners do not report
written third-party agreements, or two qualification information to determine and pay for the Federal oil they have
copies of a complete written whether bidders are reliable to follow received.
explanation of any oral third-party through on payment of the dollar The MMS will request OMB’s
agreements, relating to the method and amount (or delivery of exchange approval to continue to collect this
costs of delivery of royalty oil, or crude production) offered, as they bid, and to information. Not collecting this
oil exchanged for the royalty oil, from determine their ability to timely perform information would limit the Secretary’s
the point of delivery under the contract activities attendant to the taking of ability to discharge his/her duties and
to the purchaser’s refinery. Also, this crude oil and/or natural gas. The MMS may also result in loss of royalty
section requires that the purchaser must performs this step to reduce the risk to payments. Proprietary information
submit copies of agreements pertaining the Federal Government in these submitted to MMS under this collection
to quality differentials that may occur transactions. is protected, and there are no questions
between the lease(s) and the delivery Surety Instruments. Under MMS of a sensitive nature included in this
point(s). However, in practice MMS current practice, eligible refiners are information collection.
does not currently require eligible subject to the same requirements as Frequency of Response: On occasion,
refiners to submit these written third- other RIK purchasers regarding MMS- weekly, monthly, annually, frequency
party and quality differential acceptable surety instruments and varies within monthly reporting cycle,
agreements. The MMS reserves the right qualification information. Reporting or as necessary.
upon request to require the agreement requirements in § 208.11 discuss surety
instruments for eligible refiners. Surety Estimated Number and Description of
from the eligible refiners.
instruments include the broad field of Respondents: 227 Federal lessees and/or
Offers, Financial Statements, and financial instruments that may be operators; and 80 commercial oil and
Surety Instruments for Sales of Royalty collected, i.e., bonds, prepayments, and gas purchasers and/or refiners.
Oil and Gas parent guaranties. When required, Estimated Annual Reporting and
Offers. The Secretary is obligated to eligible refiners and other RIK Recordkeeping ‘‘Hour’’ Burden: 1,969
hold competition when selling to the purchasers must provide surety hours.
public; to protect actual RIK production documents, i.e., Form MMS–4071, LOC; We have not included in our
before, during, and after any sale; and to Form MMS–4072, Royalty-In-Kind estimates certain requirements
obtain a fair return on royalty Contract Surety Bond; other acceptable performed in the normal course of
production sold. The MMS must fulfill commercial surety, within 5 business business, which are considered usual
those obligations for the Secretary. The days prior to the first delivery under the and customary. The following chart
reporting requirements are (1) Actual contract to protect the Federal shows the estimated annual burden
pricing offers that potential purchasers Government’s interest. For bonds, MMS hours by CFR section and paragraph:
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19244 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS


Average
number of Annual bur-
Citation 30 CFR Reporting and recordkeeping requirement Hour burden annual re- den hours
sponses

PART 208—SALE OF FEDERAL ROYALTY OIL

Subpart A—General Provisions

§ 208.4 Royalty oil sales to eligible refiners

208.4(a) ...................................... (a) Determination to take royalty oil in kind. The Secretary may 4 4 16
evaluate crude oil market conditions from time to time. * * *
The Secretary will review these items and will determine
whether eligible refiners have access to adequate supplies of
crude oil and whether such oil is available to eligible refiners at
equitable prices. * * *

208.4(b) ...................................... (b) Sale to eligible refiners. (1) * * * The Secretary may author- Hour burden covered under § 208.4(a).
ize MMS to offer royalty oil for sale to eligible refiners only for
use in their refineries. * * *

208.4(c) ....................................... (c) Upon a determination by the Secretary * * * that eligible re- Hour burden covered under § 208.4(a).
finers do have access to adequate supplies of crude oil at eq-
uitable prices, MMS will not take royalties in kind from oil and
gas leases for exclusive sale to such refiners. * * *

208.4(d) ...................................... (d) Interim sales. * * * The potentially eligible refiners, individ- Hour burden covered under § 208.4(a).
ually or collectively, must submit documentation demonstrating
that adequate supplies of crude oil at equitable prices are not
available for purchase. * * *

§ 208.6 General application procedures

208.6(a) and (b) .......................... (a) To apply for the purchase of royalty oil, an applicant must file 1.25 4 5
a Form MMS–4070 with MMS in accordance with instructions
provided in the ‘‘Notice of Availability of Royalty Oil’’ and in ac-
cordance with any instructions issued by MMS for completion
of Form MMS–4070. The applicant will be required to submit a
letter of intent from a qualified financial institution stating that it
would be granted surety coverage for the royalty oil for which
it is applying, or other such proof of surety coverage, as
deemed acceptable by MMS. The letter of intent must be sub-
mitted with a completed Form MMS–4070.
(b) In addition to any other application requirements specified in
the Notice, the following information is required on Form
MMS–4070 at the time of application: * * *

§ 208.7 Determination of eligibility

208.7(a) ...................................... (a) The MMS will examine each application and may request ad- 0.25 1 *1
ditional information if the information in the application is inad-
equate. * * *

§ 208.8 Transportation and delivery

208.8(a) ...................................... (a) * * * The purchaser must have physical access to the oil at 1 1 1
the alternate delivery point and such point must be approved
by MMS.

208.8(b) ...................................... (b) * * * If the delivery point is on or immediately adjacent to the Hour burden covered by OMB Control
lease, the royalty oil will be delivered without cost to the Fed- Number 1010–0140.
eral Government as an undivided portion of production in mar- This provision is no different than the
ketable condition at pipeline connections or other facilities pro- transportation allowances allowed in 30
vided by the lessee, unless other arrangements are approved CFR part 206 for royalties paid in
by MMS. If the delivery point is not on or immediately adjacent value. The lessee enters allowance
to the lease, MMS will reimburse the lessee for the reasonable amount on Form MMS–2014.
mstockstill on PROD1PC66 with NOTICES

cost of transportation to such point in an amount not to exceed


the transportation allowance determined pursuant to 30 CFR
part 206. * * *

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Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices 19245

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued


Average
number of Annual bur-
Citation 30 CFR Reporting and recordkeeping requirement Hour burden annual re- den hours
sponses

§ 208.9 Agreements

208.9(a) ...................................... (a) A purchaser must submit to MMS two copies of any written 1 1 1
third-party agreements, or two copies of a full written expla-
nation of any oral third-party agreements, relating to the meth-
od and costs of delivery of royalty oil, or crude oil exchanged
for the royalty oil, from the point of delivery under the contract
to the purchaser’s refinery. In addition, the purchaser must
submit copies of agreements pertaining to quality differentials
which may occur between leases and delivery points.

§ 208.10 Notices

208.10(d) .................................... (d) After MMS notification that royalty oil will be taken in kind, the 2 20 40
operator shall be responsible for notifying each working inter-
est on the Federal lease. * * *

208.10(e) .................................... (e) A purchaser cannot transfer, assign, or sell its rights or inter- 1 1 1
est in a royalty oil contract without written approval of the Di-
rector, MMS. * * * Without express written consent from MMS
for a change in ownership, the royalty oil contract shall be ter-
minated. * * *

§ 208.11 Surety requirements [for eligible refiners]

208.11 (a), (b), (d), and (e) ........ (a) The eligible purchaser, prior to execution of the contract, Hour burden covered under ‘‘Offers, Fi-
shall furnish an ‘‘MMS-specified surety instrument,’’ in an nancial Statements, and Surety Instru-
amount equal to the estimated value of royalty oil that could ments for Sales of Royalty Oil and
be taken by the purchaser in a 99-day period, plus related ad- Gas’’ section.
ministrative charges. * * * (Forms MMS–4071, Letter of Credit, and
(b) * * * The purchaser or its surety company may elect not to MMS–4072, Royalty-In-Kind Contract
renew the letter of credit at any monthly anniversary date, but Surety Bond)
must notify MMS of its intent not to renew at least 30 days
prior to the anniversary date. * * *
(d) The ‘‘MMS-specified surety instrument’’ shall be in the form
specified by MMS instructions or approved by MMS. * * *
(e) All surety instruments must be in a form acceptable to MMS
and must include such other specific requirements as MMS
may require adequately to protect the Government’s interests.

§ 208.15 Audits

208.15 ......................................... Audits of the accounts and books of lessees, operators, payors, Audit process. See note.
and/or purchasers of royalty oil taken in kind may be made an-
nually or at other such times as may be directed by MMS.
* * *

Directed Communications by Operators of Federal Oil and Gas Leases

Contract-Directed ........................ Wyoming Gas ................................................................................. 3 3 9


Natural Gas [Texas 8G and Gulf of Mexico (GOM)] ..................... 3 108 324
GOM Oil .......................................................................................... 3 64 192
SPR Fill Initiative ............................................................................ 3 17 51
In January 2008, 70,000 barrels of oil per day were directed to-
ward the SPR. This initiative will continue through the Fall of
2008; at which point, these oil volumes will be redirected back
to commercial GOM RIK oil sales. Thus, information collection
responses will continue at the same level during and after the
SPR initiative, the only difference will be under which program
the collection falls.)
Eligible Refiners .............................................................................. 3 35 105
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Offers, Financial Statements, and Surety Instruments for Sales of Royalty Oil and Gas

Contract-Directed ........................ Offers .............................................................................................. 1 903 903


Financial Statements ...................................................................... 1 20 20
Surety Instruments ......................................................................... 10 30 300

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19246 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued


Average
number of Annual bur-
Citation 30 CFR Reporting and recordkeeping requirement Hour burden annual re- den hours
sponses

Total Burden ........................ ......................................................................................................... .................... 1,212 1,969


Note: The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve ex-
ceptions.
* Rounded up from 0.25.

Estimated Annual Reporting and or services purchased: (i) Before October DEPARTMENT OF THE INTERIOR
Recordkeeping ‘‘Non-hour’’ Cost 1, 1995; (ii) to comply with
Burden: We have identified no ‘‘non- requirements not associated with the National Park Service
hour’’ cost burdens. information collection; (iii) for reasons
Public Disclosure Statement: The PRA Public Notice: Clarifying the Definition
other than to provide information or
(44 U.S.C. 3501 et seq.) provides that an Of ‘‘Substantial Restoration of Natural
keep records for the Federal
agency may not conduct or sponsor, and Quiet’’ at Grand Canyon National Park,
Government; or (iv) as part of customary
a person is not required to respond to, Arizona
and usual business or private practices.
a collection of information unless it
displays a currently valid OMB control We will summarize written responses AGENCY: National Park Service,
number. to this notice and address them in our Department of the Interior.
Comments: Before submitting an ICR ICR submission for OMB approval, ACTION: Public Notice: Clarifying the
to OMB, PRA Section 3506(c)(2)(A) including appropriate adjustments to definition of ‘‘substantial restoration of
requires each agency ‘‘* * * to provide the estimated burden. We will provide natural quiet’’ at Grand Canyon National
notice * * * and otherwise consult a copy of the ICR to you without charge Park.
with members of the public and affected upon request. The ICR also will be
agencies concerning each proposed posted on our Web site at http:// SUMMARY: This notice clarifies the
collection of information * * *.’’ www.mrm.mms.gov/Laws_R_D/ definition used by Grand Canyon
Agencies must specifically solicit FRNotices/FRInfColl.htm. National Park (GCNP) for achieving
comments to: (a) Evaluate whether the substantial restoration of natural quiet
proposed collection of information is Public Comment Policy: We will post as mandated by the 1987 Overflights Act
necessary for the agency to perform its all comments in response to this notice (Pub. L. 100–91) (Overflights Act). This
duties, including whether the on our website at http:// clarification of the definition is
information is useful; (b) evaluate the www.mrm.mms.gov/Laws_R_D/InfoColl/ necessary to address current acoustic
accuracy of the agency’s estimate of the InfoColCom.htm. We will also make conditions to comply with the intent of
burden of the proposed collection of copies of the comments available for recommendations provided in the 1995
information; (c) enhance the quality, public review, including names and Report to Congress,1 and respond to a
usefulness, and clarity of the addresses of respondents, during regular 2002 U.S. Court of Appeals decision.
information to be collected; and (d) business hours at our offices in The provisions of the Special Flight
minimize the burden on the Lakewood, Colorado. Before including Aviation Regulation (SFAR) 50–2 have
respondents, including the use of your address, phone number, e-mail not resulted in substantial restoration of
automated collection techniques or address, or other personal identifying natural quiet of GCNP. Given the
other forms of information technology. information in your comment, you volume of high altitude commercial jet
The PRA also requires agencies to should be aware that your entire and general aviation traffic overflying
estimate the total annual reporting comment—including your personal the Grand Canyon above 17,999 feet
‘‘non-hour cost’’ burden to respondents identifying information—may be made Mean Sea Level (MSL) and a recent
or recordkeepers resulting from the court decision, the substantial
publicly available at any time. While
collection of information. If you have restoration goal as currently defined
costs to generate, maintain, and disclose you can ask us in your comment to
cannot be attained. This clarification of
this information, you should comment withhold your personal identifying
the restoration definition, while
and provide your total capital and information from public view, we
focusing on air tour and air tour related
startup cost components or annual cannot guarantee that we will be able to and general aviation aircraft that are
operation, maintenance, and purchase do so. conducting overflights of GCNP at
of service components. You should MMS Information Collection altitudes at or below 17,999 MSL, also
describe the methods you use to Clearance Officer: Arlene Bajusz (202) incorporates measures to address noise
estimate major cost factors, including 208 7744. from all aircraft. The 1995 definition of
system and technology acquisition, substantial restoration of natural quiet is
Dated: April 2, 2008.
expected useful life of capital being clarified to distinguish between
equipment, discount rate(s), and the Walter D. Cruickshank,
aircraft noise generated above and
period over which you incur costs. Acting Associate Director for Minerals below 17,999 feet MSL. The Special
Capital and startup costs include, Revenue Management. Flight Rules Area (SFRA) ceiling was set
mstockstill on PROD1PC66 with NOTICES

among other items, computers and [FR Doc. E8–7448 Filed 4–8–08; 8:45 am] at 17,999 MSL to avoid additional
software you purchase to prepare for BILLING CODE 4310–MR–P requirements, restrictions and
collecting information; monitoring,
sampling, and testing equipment; and 1 National Park Service, (1995) Report of Effects
record storage facilities. Generally, your of Aircraft Overflights on the National Park System,
estimates should not include equipment Report to Congress, July 1995.

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