97-34096. Administrative Appeals Process and Policy for Release of Third- Party Proprietary Information

[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Proposed Rules]
[Pages 68244-68245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34096]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 250, 243 and 290, and 43 CFR Part 4

RIN 1010-AC21 and AC08


Administrative Appeals Process and Policy for Release of Third-
Party Proprietary Information

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of a public workshop, withdrawal of a proposed rule.

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SUMMARY: The Minerals Management Service (MMS) has withdrawn the 
proposed rule published in the Federal Register on April 4, 1997 (62 FR 
16116), which would have authorized release of third-party proprietary 
information in certain circumstances to parties involved in appeals and 
alternative dispute resolution efforts. In addition, MMS plans to 
revise the notice of proposed rule published in the Federal Register on 
October 28, 1996 (61 FR 55607), which would have amended regulations 
governing the administrative appeals process. Based in large part on a 
report from the Royalty Policy Committee, which provides advice to the 
Secretary of the Interior under the authority of the Federal Advisory 
Committee Act, MMS plans to revise its regulations governing its 
administrative appeals and alternative dispute resolution processes, 
including authority for disclosure of third-party proprietary 
information. The MMS will hold a public workshop to discuss these 
matters before issuing the revised notice of proposed rule. Interested 
parties are invited to attend and participate in the workshop and are 
requested to register in advance.

DATES: The public workshop will be held on Tuesday, January 27, 1998, 
8:30 a.m.--3:00 p.m., Mountain Standard Time.

ADDRESSES: The workshop will be held at the Embassy Suites, Denver 
Southeast, 7525 East Hampden Avenue, Denver, Colorado 80231, telephone 
number [phone].

FOR FURTHER INFORMATION CONTACT: Mr. Hugh Hilliard, Chief, Appeals 
Division

[[Page 68245]]

(MS 9300), or Ms. Charlotte Bennett, Appeals Division, Minerals 
Management Service, 1849 C Street, NW., Washington, D.C. 20240, 
telephone number [phone], fax number [phone], e:mail: 
Hugh [e-mail] or Charlotte [e-mail].

SUPPLEMENTARY INFORMATION: In response to the notice of proposed rule 
to amend regulations governing the administrative appeals process, 
published in the Federal Register on October 28, 1996 (61 FR 55607), 
MMS received as a comment a comprehensive report from the Royalty 
Policy Committee (RPC), which adopted a recommendation from its Appeal 
and Alternative Dispute Resolution Subcommittee. The RPC, which is 
composed of representatives from States, Indian tribes and allottees, 
the mineral industries, other Federal agencies, and the public, advises 
the Secretary of the Interior under a charter authorized by the Federal 
Advisory Committee Act. On March 27, 1997, the RPC sent its report to 
the Secretary and requested adoption of its proposal in lieu of the 
October 28, 1996, proposed rule.
    The Secretary sent a response to the RPC on September 22, 1997, 
stating that the Department planned to prepare revised proposed 
regulations to implement the RPC proposal, with several changes. In 
general, the changes proposed by the RPC, as modified and approved by 
the Secretary, will be as follows:
     Increase efforts to resolve policy disputes before 
conducting audits of royalty payments;
     Further encourage informal resolution of disputes;
     Clarify the standing of Indian lessors and states in the 
administrative appeals process; and
     Restructure the appeals process to encourage earlier 
development of the administrative record, facilitate settlement 
efforts, impose time limitations on the appeals process, and allow for 
appeals to be filed with the Interior Board of Land Appeals (IBLA) 
rather than with MMS so that appellants can obtain a faster, more 
independent review of legal issues raised on appeal.
    The Secretary also stated that the public would have the 
opportunity to comment on these proposed regulations, which could 
change before they become final.
    Thus, MMS intends to withdraw the October 28, 1996 (61 FR 55607), 
notice of proposed rule when it publishes the revised notice of 
proposed rule responding to the RPC report. Since the revised proposed 
rule will contain provisions that will allow for appeals to be 
considered by the IBLA much earlier than they are under current 
procedures, MMS plans to rely on regulations for release of third-party 
proprietary information as set out at 43 CFR 4.31. Consequently, MMS 
has withdrawn the April 4, 1997 (62 FR 16116), proposed rule, but will 
incorporate in the revised notice of proposed rule on the appeals 
process any contents of the withdrawn rule that may be needed to 
supplement current regulations at 43 CFR 4.31.
    The revised notice of proposed rule will affect not only appeals 
involving actions taken by officials of the MMS's Royalty Management 
Program, but also will affect appeals involving actions taken by the 
Offshore Minerals Management program of MMS under the regulations at 30 
CFR Part 250. In addition, the rule will affect activities of the 
Office of Hearings and Appeals, Interior Board of Land Appeals, as set 
out at 43 CFR Part 4 (though these effects are expected to be limited 
to appeals generated by actions of the Minerals Management Service).
    While MMS and the Department's Office of Hearings and Appeals plan 
to move quickly to issue a new notice of proposed rule on this subject, 
we also want to take the opportunity to have further public input by 
holding a public workshop.
    We invite participation at the workshop by representatives of 
states, Indian tribes and allottees, the minerals industries, and the 
general public. We plan to present our initial views as to what will be 
in the revised proposed rule and to engage in open discussion with 
participants about any suggestions for improvement. The date and 
location of the workshop have been coordinated with the next meeting of 
the Royalty Policy Committee in order to facilitate participation by 
Committee members.
    In order to help us plan for a successful workshop, we would 
appreciate your preregistration by January 15. If you plan to attend, 
please contact Ms. Charlotte Bennett, using the methods provided in the 
for further information contact section of this notice, and provide 
your name, address, and telephone and fax numbers. This will help us to 
ensure sufficient space for all and to provide you with any relevant 
information available in advance of the meeting. In particular, we hope 
to distribute some information in advance about what we expect to 
include in the revised notice of proposed rule.
    Background materials on the subject can be found on the MMS 
internet homepage at http://www.mms.gov/mmab/rpcsub.htm (also 
accessible through the general MMS homepage at http://www.mms.gov/) of 
by contacting the Appeals Division at the address listed in the for 
further information contact section of this notice. Relevant background 
would include the prior notices of proposed rules, the March 27, 1997, 
RPC report, and the Secretary's letter of September 22, 1997.

    Dated: December 22, 1997.
Walter D. Cruickshank,
Associate Director for Policy and Management Improvement.
[FR Doc. 97-34096 Filed 12-30-97; 8:45 am]
BILLING CODE 4310-MR-M