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Federal Register / Vol. 70, No.

43 / Monday, March 7, 2005 / Notices 11027

on-site at the discretion of the Indian DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR
Highway Safety Program Administrator.
Dated: February 11, 2005. Bureau of Indian Affairs Minerals Management Service
David W. Anderson, Agency Information Collection
Indian Gaming
Assistant Secretary—Indian Affairs. Activities: Proposed Collection,
[FR Doc. 05–4367 Filed 3–4–05; 8:45 am] AGENCY: Bureau of Indian Affairs, Comment Request
BILLING CODE 4310–5H–P Interior. AGENCY: Minerals Management Service
Notice of Class III Gaming
ACTION: (MMS), Interior.
DEPARTMENT OF THE INTERIOR Amendment taking effect. ACTION: Notice of a revision of a
currently approved information
Bureau of Indian Affairs SUMMARY: Notice is given that the collection (OMB Control Number 1010–
Amendment to the Tribal-State Compact 0119).
Indian Gaming
between the St. Regis Mohawk Tribe
SUMMARY: To comply with the
AGENCY: Bureau of Indian Affairs, and the State of New York is considered
Interior. Paperwork Reduction Act of 1995
to have been approved and is in effect. (PRA), we are inviting comments on a
ACTION: Notice of Class III Gaming
EFFECTIVE DATE: March 7, 2005. collection of information that we will
Compact taking effect.
submit to the Office of Management and
FOR FURTHER INFORMATION CONTACT:
SUMMARY: Notice is given that the Budget (OMB) for review and approval.
George T. Skibine, Director, Office of The title of this information collection
Tribal-State Gaming Compact between
Indian Gaming Management, Office of request (ICR) is ‘‘30 CFR 208—Sale of
the Seneca-Cayuga Tribe and the State
of Oklahoma is considered approved the Deputy Assistant Secretary—Policy Federal Royalty Oil; Sale of Federal
and is in effect. and Economic Development, Royalty Gas; and Commercial Contracts
Washington, DC 20240, (202) 219–4066. (Forms MMS–4070, Application for the
EFFECTIVE DATE: March 7, 2005.
FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Under Purchase of Royalty Oil; MMS–4071,
George T. Skibine, Director, Office of Section 11 (d)(7)(D) of the Indian Letter of Credit; and MMS–4072,
Indian Gaming Management, Office of Gaming Regulatory Act of 1988 (IGRA), Royalty-in-Kind Contract Surety
the Deputy Assistant Secretary—Policy Pub. L. 100–497, 25 U.S.C. 2710, the Bond).’’ We changed the title of this ICR
and Economic Development, to clarify the regulatory language we are
Secretary of the Interior must publish in
Washington, DC 20240, (202) 219–4066. covering under 30 CFR part 208 and the
the Federal Register notice of any
Royalty-in-Kind (RIK) 5-Year Business
SUPPLEMENTARY INFORMATION: Under Tribal-State compact that is approved, Plan, and to reflect OMB consolidation
Section 11 (d)(7)(D) of the Indian or considered to have been approved for approval of five RIK-related ICRs. Those
Gaming Regulatory Act of 1988 (IGRA), the purpose of engaging in Class III ICRs were titled:
Pub. L. 100–497, 25 U.S.C. 2710, the gaming activities on Indian lands. The • 1010–0042: 30 CFR part 208—Sale
Secretary of the Interior must publish in Acting Principal Deputy Assistant of Federal Royalty Oil; Royalty-in-Kind
the Federal Register notice of any Secretary—Indian Affairs, Department (RIK) Program (Form MMS–4070,
Tribal-State compact that is approved, of the Interior, through his delegated Application for the Purchase of Royalty
or considered to have been approved for authority did not approve or disapprove Oil);
the purpose of engaging in Class III this Amendment before the date that is • 1010–0119: 30 CFR part 208—Sale
gaming activities on Indian lands. The 45 days after the date it was submitted. of Federal Royalty Oil, Royalty Oil Sales
Acting Principal Deputy Assistant Therefore, pursuant to 25 U.S.C. to Eligible Refiners (30 CFR 208.4(a) and
Secretary—Indian Affairs, Department (d));
2710(d)(7)(C), this Amendment is
of the Interior, through his delegated • 1010–0126: Royalty-in-Kind (RIK)
considered to have been approved, but
authority did not approve or disapprove Pilot Program Directed Communications
this compact before the date that was 45 only to the extent it is consistent with
IGRA. This Amendment authorizes the by Operators of Federal Oil and Gas
days after the date it was submitted. Leases;
Therefore, pursuant to 25 U.S.C. tribes to engage in certain Class III
gaming activities, provides for certain • 1010–0129: Royalty-in-Kind Pilot
2710(d)(7)(C), this compact is Program—Offers, Financial Statements,
considered approved but only to the geographical exclusivity, prohibits the
Tribe from conducting video lottery and Surety Instruments for Sales of
extent it is consistent with IGRA. This Royalty Oil and Gas; and
compact authorizes the Seneca-Cayuga terminals, and prohibits non-tribal
• 1010–0135: 30 CFR 208.11(a), (b),
Tribe to engage in certain Class III operation of slot machines. It takes (d), and (e)—Surety Requirements
gaming activities, provides for certain effect on the date the approval is (Forms MMS–4071 and MMS–4072).
geographical exclusivity, limits the published in the Federal Register. In the five ICRs, much of the general
number of gaming machines at existing Dated: February 10, 2005. information was repeated and cross
racetracks, and prohibits non-tribal referenced. This consolidated ICR 1010–
Michael D. Olsen,
operation of certain machines and 0119 eliminates that duplication of
covered games, and takes effect on the Acting Principal Deputy Assistant Secretary—
Indian Affairs. effort and redundancy of data. It also
date the approval is published in the provides for all RIK information-
Federal Register. [FR Doc. 05–4365 Filed 3–4–05; 8:45 am]
collection requirements to be reviewed
BILLING CODE 4310–4N–P
Dated: February 11, 2005. on a MMS RIK operational program-
Michael D. Olsen, wide basis.
Acting Principal Deputy Assistant Secretary— DATES: Submit written comments on or
Indian Affairs. before May 6, 2005.
[FR Doc. 05–4366 Filed 3–4–05; 8:45 am] ADDRESSES: Submit written comments
BILLING CODE 4310–4N–P to Sharron L. Gebhardt, Lead Regulatory

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11028 Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices

Specialist, Minerals Management or gas to the Federal Government, and eligible refiners, through regulations at
Service, Minerals Revenue Management, MMS sells the received product (oil or 30 CFR part 208. Proprietary
PO Box 25165, MS 302B2, Denver, gas) to agents in the marketplace and information submitted to MMS under
Colorado 80225. If you use an overnight disburses revenues as prescribed by law. this collection is protected, and no
courier service, our courier address is The MMS sells some product items of a sensitive nature are collected.
Building 85, Room A–614, Denver competitively in the unrestricted Eligible Refiner Information—This
Federal Center, Denver, Colorado 80225. marketplace, and other RIK product is information was previously collected
You may also e-mail your comments to sold competitively to eligible refiners (a under ICRs 1010–0042 and 1010–0119.
us at mrm.comments@mms.gov. Include small and independent refiner, as When the Secretary determines that
the title of the information collection defined in 30 CFR 208.2). Additionally, eligible refiners do not have access to
and the OMB control number in the when directed, MMS delivers the RIK adequate supplies of oil, the Secretary
‘‘Attention’’ line of your comment. Also product to other Federal Agencies, as may dispose of any royalty oil taken by
include your name and return address. has been the case during the fill of the conducting a sale of such oil, through an
Submit electronic comments as an Strategic Petroleum Reserve (SPR), allocation process to eligible refiners.
ASCII file avoiding the use of special directed by the President in 2001, with For the eligible refiners to participate in
characters and any form of encryption. scheduled completion in 2005. the eligible refiner RIK program,
If you do not receive a confirmation that Specifically, within the MMS RIK according to 30 CFR 208.4(a) and (b),
we have received your e-mail, contact operational program, RIK conducts the MMS periodically completes a needs
Ms. Gebhardt at (303) 231–3211. eligible refiner program and the SPR assessment to determine if eligible
program, in addition to the Wyoming refiners continue to require access to
FOR FURTHER INFORMATION CONTACT:
crude oil, offshore unrestricted crude domestic crude oil at competitive
Sharron L. Gebhardt, telephone (303)
oil, and offshore natural gas programs. prices. The most recent assessment was
231–3211, fax (303) 231–3781, or e-mail
The MMS has consolidated and completed in early 2004. The first step
sharron.gebhardt@mms.gov.
revised existing procedures and policies in this process is to issue a Federal
SUPPLEMENTARY INFORMATION: guiding the sale of onshore and offshore Register notice requesting specific
Title: 30 CFR 208—Sale of Federal royalty crude oil and natural gas to information from eligible refiners.
Royalty Oil; Sale of Federal Royalty Gas; establish uniformity within the Under 30 CFR 208.4(c), the MMS, on
and Commercial Contracts (Forms regulatory and operational framework, behalf of the Secretary, performs a
MMS–4070, Application for the to provide industry with a more Determination of Need prior to issuing
Purchase of Royalty Oil; MMS–4071, efficient and responsive MMS RIK a notice of availability of sale in the
Letter of Credit; and MMS–4072, operational program, and to improve the Federal Register, advising industry of a
Royalty-in-Kind Contract Surety Bond). Federal Government’s administration of forthcoming RIK crude oil sale for
OMB Control Number: 1010–0119. this program. For example, several of eligible refiners. The MMS uses the
Bureau Form Number: Forms MMS– the reporting requirements for eligible feedback from the Determination of
4070, MMS–4071, and MMS–4072. refiners under 30 CFR part 208 have Need respondents (eligible refiners or
Abstract: The Secretary of the U.S. been combined with reporting other interested parties, such as lessees
Department of the Interior is responsible requirements for other RIK purchasers. or operators) to assess current
for collecting royalties from lessees who However, due to the unique nature of marketplace conditions, i.e., whether
produce minerals from leased Federal the sale of crude oil to eligible refiners, small and independent eligible refiners
and Indian lands and the Outer certain requirements pertain only to that have access to ongoing supplies of crude
Continental Shelf (OCS). The Secretary eligible refiner program. oil at equitable prices. If MMS
is required by various laws to manage Applicable citations of the laws determines that eligible refiners do not
mineral resources production on pertaining to the taking and selling of have adequate access to crude oil
Federal and Indian lands, collect the the Federal Government’s royalty share supplies, MMS then takes the Federal
royalties due, and distribute the funds of mineral leases in the form of Government’s royalty oil in kind and
in accordance with those laws. The production (royalties ‘‘in kind’’) include offers the oil for sale to eligible refiners.
MMS performs the royalty management 30 CFR part 208; Mineral Leasing Act of The eligible refiners interested in
functions for the Secretary. 1920, section 36, as amended (30 U.S.C. purchasing royalty oil must submit
The MMS is responsible for ensuring 192); Outer Continental Shelf Lands Act Form MMS–4070, Application for the
that all revenues from Federal and of 1953, section 27, as amended (43 Purchase of Royalty Oil, in accordance
Indian mineral leases are accurately U.S.C. 1353); 30 U.S.C. 189 pertaining to with instructions in the Determination
collected, accounted for, and disbursed Public Lands; 30 U.S.C. 359 pertaining of Need notice and instructions issued
to recipients. Historically, most of these to Acquired Lands; and 43 U.S.C. 1334 by MMS for completion of the form. The
revenues have been received in the form pertaining to OCS Lands. These Federal Government’s administration of
of cash royalty payments, i.e., royalty in citations, as well as specific language in the eligible refiner program is aided
value payments. These payments are the actual lease documents, authorize significantly by the collection of
paid by mineral development interests. the Secretary to sell royalty oil and gas information requested on Form MMS–
In recent years, MMS had conducted accruing to the United States. The 4070. The MMS uses the information
pilots to test the approach of taking standard lease terms state that royalties collected on Form MMS–4070 to
royalties in kind. are due in amount or in value. In determine the eligibility of refiners
The Federal Government’s MMS RIK addition, these citations authorize the wanting to enter into contracts to
pilot program has become a permanent Secretary to prescribe proper rules and purchase royalty oil and to provide a
operational program after several years regulations and to do any and all things basis for the allocation of available
of pilot project testing. The MMS RIK necessary to accomplish the purpose of royalty oil among eligible refiners, when
operational program takes payment from applicable laws. The MMS directs necessary; that is, they meet the small
mineral lessees ‘‘in kind’’ in the form of communications between MMS refiner eligibility requirements issued
produced crude oil and natural gas operators and RIK purchasers through by the Small Business Administration,
volumes, rather than in cash payments. commercial contracts, situation-specific as explained under 30 CFR 208.6. Under
The lessee transfers the title of the oil ‘‘Dear Operator’’ letters, or in the case of 30 CFR 208.10(e), eligible refiners who

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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices 11029

purchase royalty oil cannot transfer, partner and for MMS to verify timely return to the Federal Treasury and to
assign, or sell their rights or interest in fulfillment of operators’ and lessees’ any affected State.
a royalty oil contract without written royalty obligations to the Federal The MMS may request that a bidder
approval of the Director, MMS. This Government. submit its public-available statement of
provision is intended to ensure that Third-Party Agreements—This its financial condition (brought briefly
only qualified eligible refiners benefit information was previously collected up to date, if needed) or other related
from these sales of royalty oil. under ICR 1010–0042. qualification information. The MMS
Directed Communications by Title 30 CFR 208.9 requires that evaluates the qualification information
Operators of Federal Oil and Gas eligible refiners who purchase royalty to determine whether bidders are
Leases—This information was oil must submit to MMS two copies of reliable to follow through on payment of
previously collected under ICR 1010– any written third-party agreements, or the dollar amount (or delivery of
0126. two copies of a complete written exchange production) offered as they
Collection of RIK oil and gas for explanation of any oral third-party bid, and to determine their ability to
eligible refiners and other RIK agreements, relating to the method and timely perform activities attendant to
purchasers requires communication costs of delivery of royalty oil, or crude the taking of oil and/or gas. The MMS
between MMS and the operators of a oil exchanged for the royalty oil, from performs this step to reduce the risk to
lease to ensure accurate and timely the point of delivery under the contract the Federal Government in these
delivery of MMS’s royalty share of to the purchaser’s refinery. Also, this transactions.
production volumes. In order to take section requires that the purchaser must Under MMS’s current practice,
MMS’s crude oil or natural gas in kind, submit copies of agreements pertaining eligible refiners are subject to the same
MMS, as the responsible steward of oil to quality differentials that may occur requirements as other RIK purchasers
and gas royalties, must direct operators between the lease(s) and the delivery regarding MMS-acceptable surety
of affected MMS leases to provide three point(s). However, in practice MMS instruments and qualification
types of communication: does not currently require the eligible information. Reporting requirements in
• Report information about the refiners to submit these agreements. 30 CFR 208.11 discuss surety
projected volumes and qualities of RIK Offers, Financial Statements, and instruments for eligible refiners. Surety
crude oil or natural gas production the Surety Instruments for Sales of Royalty instruments include the broad field of
operator expects to make available for Oil and Gas—This information was financial instruments that may be
delivery in the following month, and previously collected under ICRs 1010– collected, such as bonds, prepayments,
report corrections to those projected 0129 and 1010–0135. and parent guaranties. When required,
volumes and qualities for previous The Secretary is obligated to hold eligible refiners and other RIK
months, submitting monthly no later competition when selling to the public purchasers must provide surety
than 10 days before the first day of to protect actual RIK production before, documents to protect the Federal
following month; during, and after any sale, and to obtain Government’s interest, such as but not
• Report cost/invoicing information a fair return on royalty production sold. limited to, Form MMS–4071, Letter of
about transportation charges incurred The MMS must fulfill those obligations Credit; Form MMS–4072, Royalty-In-
for delivering the RIK product to the for the Secretary. The reporting Kind Contract Surety Bond; or other
delivery point, when applicable; and requirements are (1) actual offers that acceptable commercial surety, within 5
• Report month-end summary potential purchasers will submit when business days prior to the first delivery
information (lease imbalance statement) MMS offers production for competitive under the contract. For bonds, MMS
regarding total RIK crude oil or natural sale; (2) offerors’ statements of financial requires a specific MMS-approved
gas volumes and qualities needed to qualification; and (3) surety format.
carry over to the next month to resolve instruments, such as a Letter of Credit
Frequency of Response: On occasion,
aggregated imbalances that have (LOC), bond, prepayment, or parent
weekly, monthly, annually, frequency
occurred in prior months of RIK guaranty when financial qualification is
varies within monthly reporting cycle,
deliveries. not sufficient.
or as necessary.
These information requirements are The MMS will evaluate offers, which
standard business practices in the oil competing potential purchasers may Estimated Number and Description of
and gas industry. choose to submit, in response to a Respondents: 145 Federal lessees and/or
In marketing the product, information variety of types of offerings in the MMS operators; and 80 commercial oil and
received through MMS’s directed RIK operational program. The format for gas purchasers and/or refiners.
communication is essential for MMS to offers will be specified in the offering Estimated Annual Reporting and
ensure the delivery and acceptance of and may vary among offerings. The Recordkeeping ‘‘Hour’’ Burden: 5,099
verifiable quantities and qualities of oil MMS may offer royalty oil and gas hours.
and gas. In cases when MMS is directed production by Invitation for Offers We are revising this ICR to include
to deliver the product to other Federal (IFOs). The IFO will be open only to reporting requirements that were
Agencies, these types of information are offerors who have previously overlooked in the previous renewal, and
necessary so that exchange contractors established their qualifications. The we have adjusted the burden hours
can arrange to timely accept accurate MMS will evaluate all offers to accordingly. The following chart shows
amounts and qualities of royalty oil that determine which combination of price the breakdown of the estimated burden
will be delivered by MMS’s exchange and other terms comprises the best hours by CFR section and paragraph.

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11030 Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices

SECTION A.12. BURDEN BREAKDOWN


Average num-
Citation 30 CFR Annual burden
Reporting and recordkeeping requirement Hour burden ber of annual
part 208 hours
responses

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 8 32
evaluate crude oil market conditions from time to time. * * * The
Secretary will review these items and will determine whether eli-
gible 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 authorize Hour burden covered under § 208.4(a).
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 refin- Hour burden covered under § 208.4(a).
ers do have access to adequate supplies of crude oil at equitable
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, individually Hour burden covered under § 208.4(a).
or collectively, must submit documentation demonstrating that
adequate supplies of crude oil at equitable prices are not avail-
able 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 a 1.25 8 10
Form MMS–4070 with MMS in accordance with instructions pro-
vided in the ‘‘Notice of Availability of Royalty Oil’’ and in accord-
ance with any instructions issued by MMS for completion of Form
MMS–4070. The applicant will be required to submit a letter of in-
tent 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 submitted 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 addi- 0.25 1 11

tional 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 the 1 1 1
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 Number
lease, the royalty oil will be delivered without cost to the Federal 1010–0140 (Form MMS–2014, expires 10/31/
Government as an undivided portion of production in marketable 2006).
condition at pipeline connections or other facilities provided by This provision is no different than the transpor-
the lessee, unless other arrangements are approved by MMS. If tation allowances allowed in 30 CFR 206 for
the delivery point is not on or immediately adjacent to the lease, royalties paid in value. The lessee enters al-
MMS will reimburse the lessee for the reasonable cost of trans- lowance amount on Form MMS–2014.
portation to such point in an amount not to exceed the transpor-
tation allowance determined pursuant to 30 CFR part 206. * * *

208.9 Agreements

208.9(a) ...................... (a) A purchaser must submit to MMS two copies of any written 1 8 8
third-party agreements, or two copies of a full written explanation
of any oral third- party agreements, relating to the method and
costs of delivery of royalty oil, or crude oil exchanged for the roy-
alty oil, from the point of delivery under the contract to the pur-
chaser’s refinery. In addition, the purchaser must submit copies
of agreements pertaining to quality differentials which may occur
between leases and delivery points.

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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices 11031

SECTION A.12. BURDEN BREAKDOWN—Continued


Average num-
Citation 30 CFR Annual burden
Reporting and recordkeeping requirement Hour burden ber of annual
part 208 hours
responses

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 interest
on the Federal lease. * * *
208.10(e) (e) A purchaser cannot transfer, assign, or sell its rights or interest 1 1 1
in a royalty oil contract without written approval of the Director,
MMS. * * * Without express written consent from MMS for a
change in ownership, the royalty oil contract shall be terminated.
* * *

208.11 Surety Requirements [for eligible refiners]

208.11 (a), (b) (d), and (a) The eligible purchaser, prior to execution of the contract, shall 4 4 16
(e) furnish an ‘‘MMS-specified surety instrument,’’ in an amount
equal to the estimated value of royalty oil that could be taken by
the purchaser in a 99-day period, plus related administrative
charges. * * *
(b) * * * The purchaser or its surety company may elect not to
renew the letter of credit at any monthly anniversary date, but
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, Produce Records: The ORA determined that the
and/or purchasers of royalty oil taken in kind may be made annu- audit process is not covered by the PRA be-
ally or at other such times as may be directed by MMS. * * * cause MMS staff asks non-standard questions
to resolve exceptions.

Directed Communications by Operators of Federal Oil and Gas Leases

Contract-Directed ........ Wyoming Oil ....................................................................................... 1 100 100


Natural Gas [Texas 8G and Gulf of Mexico (GOM)] ......................... 1 3,600 3,600
GOM Oil .............................................................................................. 1 50 50
SPR Fill Initiative (The SPR is expected to reach full capacity by 1 300 300
the end of FY 2005. At that point, MMS will shift SPR oil volumes
to the commercial GOM Oil RIK program. Thus, information-col-
lection responses will continue at the same level after SPR is
filled to capacity.)
Eligible Refiners .................................................................................. Hour burden covered under § 208.10(d).

Offers, Financial Statements, and Surety Instruments for Sales of Royalty Oil and Gas

Contract-Directed ........ Offers .................................................................................................. 1 840 840


Financial Statements .......................................................................... 1 20 20
Surety Instruments ............................................................................. 4 20 80

Total Burden ........ ............................................................................................................. ........................ 4,981 5,099


1 Rounded up from 0.25.

displays a currently valid OMB control proposed collection of information is


Estimated Annual Reporting and number. necessary for the agency to perform its
Recordkeeping ‘‘Non-hour Cost’’ Comments: Before submitting an ICR duties, including whether the
Burden: We have identified no ‘‘non- to OMB, PRA Section 3506(c)(2)(A) information is useful; (b) evaluate the
hour’’ cost burdens. requires each agency ‘‘* * * to provide accuracy of the agency’s estimate of the
notice * * * and otherwise consult burden of the proposed collection of
Public Disclosure Statement: The PRA
with members of the public and affected information; (c) enhance the quality,
(44 U.S.C. 3501 et seq.) provides that an
agencies concerning each proposed usefulness, and clarity of the
agency may not conduct or sponsor, and
collection of information * * *.’’ information to be collected; and (d)
a person is not required to respond to,
Agencies must specifically solicit minimize the burden on the
a collection of information unless it
comments to: (a) Evaluate whether the respondents, including the use of

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11032 Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices

automated collection techniques or organizations or businesses, and from MEDICARE PAYMENT ADVISORY
other forms of information technology. individuals identifying themselves as COMMISSION
The PRA also requires agencies to representatives or officials of
estimate the total annual reporting organizations or businesses, available Commission Meeting
‘‘non-hour cost’’ burden to respondents for public inspection in their entirety. AGENCY: Medicare Payment Advisory
or recordkeepers resulting from the MMS Information Collection Commission.
collection of information. We have not Clearance Officer: Arlene Bajusz (202)
identified non-hour cost burdens for ACTION: Notice of meeting.
208–7744.
this information collection. If you have SUMMARY: The Commission will hold its
costs to generate, maintain, and disclose Dated: February 23, 2005.
next public meeting on Thursday,
this information, you should comment Richard Adamski,
March 10, 2005, and Friday, March 11,
and provide your total capital and Acting Associate Director for Minerals
2005, at the Ronald Reagan Building,
startup cost components or annual Revenue Management.
International Trade Center, 1300
operation, maintenance, and purchase [FR Doc. 05–4333 Filed 3–4–05; 8:45 am]
Pennsylvania Avenue, NW.,
of service components. You should BILLING CODE 4310–MR–P
Washington, DC. The meeting is
describe the methods you use to tentatively scheduled to begin at 9:30
estimate major cost factors, including a.m. on March 10, and at 9 a.m. on
system and technology acquisition, March 11.
expected useful life of capital DEPARTMENT OF JUSTICE Topics for discussion include findings
equipment, discount rate(s), and the on congressionally mandated studies on
period over which you incur costs. Drug Enforcement Administration
critical access hospitals and risk
Capital and startup costs include, adjustment and other issues related to
among other items, computers and Manufacturer of Controlled
Substances; Notice of Application the adjusted average per capita cost
software you purchase to prepare for (AAPCC). The Commission will also
collecting information; monitoring, Pursuant to § 1301.33(a) of Title 21 of discuss Medicare Advantage plans,
sampling, and testing equipment; and the Code of Federal Regulations (CFR), implementation issues with the new
record storage facilities. Generally, your this is notice that on November 2, 2004, Medicare Part D benefit, outpatient
estimates should not include equipment Norac, Inc., 405 S. Motor Avenue, PO pharmacy services in hospitals, and
or services purchased: (i) Before October Box 577, Azusa, California 91702, made reform issues for various post-acute care
1, 1995; (ii) to comply with settings. The Commission will also host
application by renewal to the Drug
requirements not associated with the a panel on the use of clinical- and cost-
Enforcement Administration (DEA) for
information collection; (iii) for reasons
registration as a bulk manufacturer of effectiveness information by Medicare.
other than to provide information or Agendas will be e-mailed
THC Tetrahydrocannabinols (7370), a
keep records for the Government; or (iv) approximately one week prior to the
basic class of controlled substance listed
as part of customary and usual business meeting. The final agenda will be
in Schedule I.
or private practices. available on the Commission’s Web site
We will summarize written responses The company plans to manufacture
the listed controlled substances in bulk (http://www.MedPAC.gov).
to this notice and address them in our
ICR submission for OMB approval, for formulation into the pharmaceutical ADDRESSES: MedPAC’s address is: 601
including appropriate adjustments to controlled substance marinol. New Jersey Avenue, NW., Suite 9000,
the estimated burden. We will provide Any other such applicant and any Washington, DC 2001. The telephone
a copy of the ICR to you without charge person who is presently registered with number is (202) 220–3700.
upon request. The ICR also will be DEA to manufacture such a substance FOR FURTHER INFORMATION CONTACT:
posted on our Web site at http:// may file comments or objections to the Diane Ellison, Office Manager, (202)
www.mrm.mms.gov/Laws_R_D/ issuance of the proposed registration 220–3700.
FRNotices/FRInfColl.htm. pursuant to 21 CFR 1301.33(a). Mark E. Miller,
Public Comment Policy: We will post Any such comments or objections Executive Director.
all comments in response to this notice being sent via regular mail may be
on our Web site at http:// [FR Doc. 05–4380 Filed 3–4–05; 8:45 am]
addressed, in quintuplicate, to the BILLING CODE 6820–BW–M
www.mrm.mms.gov/Laws_R_D/ Deputy Assistant Administrator, Office
FRNotices/FRInfColl.htm. We also will of Diversion Control, Drug Enforcement
make copies of the comments available Administration, Washington, DC 20537,
for public review, including names and MILLENNIUM CHALLENGE
Attention: Federal Register CORPORATION
addresses of respondents, during regular Representative, Liaison and Policy
business hours at our offices in Section (ODL) or any being sent via [MCC FR 05–03]
Lakewood, Colorado. Upon request, we
express mail should be sent to DEA
will withhold an individual Revised Notice of March 14, 2005
Headquarters, Attention: DEA Federal
respondent’s home address from the Millennium Challenge Corporation
Register Representative/ODL, 2401
public record, as allowable by law. Board of Directors Meeting; Sunshine
Jefferson-Davis Highway, Alexandria,
There also may be circumstances in Act Meeting
Virginia 22301; and must be filed no
which we would withhold from the
later than May 6, 2005. AGENCY: Millennium Challenge
rulemaking record a respondent’s
identity, as allowable by law. If you Dated: February 23, 2005. Corporation.
request that we withhold your name William J. Walker, TIME AND DATE: 10 a.m.–12 p.m.,
and/or address, state your request Deputy Assistant Administrator, Office of Monday, March 14, 2005.
prominently at the beginning of your Diversion Control, Drug Enforcement PLACE: Department of State, C Street
comment. However, we will not Administration. Entrance, Washington, DC 20520.
consider anonymous comments. We [FR Doc. 05–4290 Filed 3–4–05; 8:45 am] FOR FURTHER INFORMATION CONTACT:
will make all submissions from BILLING CODE 4410–09–P Information on the meeting may be

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