1010-0071 published 60-day FR

Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices

dwashington3 on PROD1PC60 with NOTICES

after October 17, 1988, and not exempt
under one of the other statutory
exemptions to the prohibition on
gaming contained in IGRA Section 20,
would be in the best interest of the
Indian Tribe and its members, and
would not be detrimental to the
surrounding community. Collection of
this information is currently authorized
under an approval by OMB (OMB
Control Number 1076–0158). All
information is collected when the Tribe
makes a request for a Secretarial
determination that a gaming
establishment on land acquired in trust
after October 17, 1988, would be in the
best interest of the Indian Tribe and its
members, and would not be detrimental
to the surrounding community.
Annually, we expect about 2 Tribes to
apply, seeking a Secretarial
determination that a gaming
establishment on land acquired in trust
after October 17, 1988, would be in the
best interest of the Indian Tribe and its
members, and would not be detrimental
to the surrounding community. The
estimated time to review instructions
and complete each application is 2,000
hours. Thus, the total annual reporting
and recordkeeping burden for this
collection is estimated to be 4,000
hours.
Frequency of Collection: A one-time
collection.
Description of Respondents: Federally
recognized Tribes.
Total Annual Responses: 2.
Response Burden Hours per
Application: 1,000.
Total Annual Burden Hours: 2,000
hours.
Request for Comments
The BIA solicits comments in order
to:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the bureau, including
whether the information will have
practical utility;
(2) Evaluate the bureau’s estimate of
the burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of the information on those
who are to respond.
Any public comments received will
be addressed in the BIA’s submission of
the information collect request to OMB.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section,
room 3657, during the hours of 9 a.m.–

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4 p.m., EST Monday through Friday
except for legal holidays. Please note
that all comments received will be
available for public review 2 weeks after
comment period closes. Before
including your address, phone number,
e-mail address or other personally
identifiable information, be advised that
your entire comment—including your
personally identifiable information—
may be made public at any time. While
you may request that we withhold your
personally identifiable information, we
cannot guarantee that we will be able to
do so.
Dated: April 15, 2009.
Alvin Foster,
Deputy Chief Information Officer—Indian
Affairs.
[FR Doc. E9–9267 Filed 4–21–09; 8:45 am]
BILLING CODE 4310–4N–P

DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2009–OMM–0004]

MMS Information Collection Activity:
1010–0071, Relief or Reduction in
Royalty Rates: Proposed Collection;
Comment Request
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Notice of extension of an
information collection (1010–0071).
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), MMS is inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
The information collection request (ICR)
concerns the paperwork requirements in
the regulations under 30 CFR Part 203,
Relief or Reduction in Royalty Rates.
DATES: Submit written comments by
June 22, 2009.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Regulations and
Standards Branch at (703) 787–1607.
You may also contact Cheryl Blundon to
obtain a copy, at no cost, of the
regulation that requires the subject
collection of information.
ADDRESSES: You may submit comments
by either of the following methods listed
below.
• Electronically: go to http://
www.regulations.gov. Under the tab
‘‘More Search Options,’’ click Advanced
Docket Search, then select ‘‘Minerals
Management Service’’ from the agency
drop-down menu, then click ‘‘submit.’’
In the Docket ID column, select MMS–
2009–OMM–0004 to submit public

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comments and to view supporting and
related materials available for this
rulemaking. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link. The MMS will post all comments.
• Mail or hand-carry comments to the
Department of the Interior; Minerals
Management Service; Attention: Cheryl
Blundon; 381 Elden Street, MS–4024;
Herndon, Virginia 20170–4817. Please
reference ‘‘Information Collection 1010–
0071’’ in your subject line and mark
your message for return receipt. Include
your name and return address in your
message text.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 203, Relief or
Reduction in Royalty Rates.
OMB Control Number: 1010–0071.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, as amended by Public
Law 104–58, Deep Water Royalty Relief
Act (DWRRA), gives the Secretary of the
Interior (Secretary) the authority to
reduce or eliminate royalty or any net
profit share specified in OCS oil and gas
leases to promote increased production.
The DWRRA also authorized the
Secretary to suspend royalties when
necessary to promote development or
recovery of marginal resources on
producing or non-producing leases in
the Gulf of Mexico (GOM) west of 87
degrees, 30 minutes West longitude.
Section 302 of the DWRRA provides
that new production from a lease in
existence on November 28, 1995, in a
water depth of at least 200 meters, and
in the GOM west of 87 degrees, 30
minutes West longitude qualifies for
royalty suspension in certain situations.
To grant a royalty suspension, the
Secretary must determine that the new
production or development would not
be economic without royalty relief. The
Secretary must then determine the
volume of production on which no
royalty would be due in order to make
the new production from the lease
economically viable. This determination
must be done on a case-by-case basis.
Production from leases in the same
water depth and area issued after
November 28, 2000, also can qualify for
royalty suspension in addition to any
that may be included in their lease
terms.
In addition, the Independent Offices
Appropriations Act (31 U.S.C. 9701), the
Omnibus Appropriations Bill (Pub. L.
104–133, 110 Stat. 1321, April 26,
1996), and Office of Management and
Budget (OMB) Circular A–25, authorize
Federal agencies to recover the full cost

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Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices

of services that confer special benefits.
Under the Department of the Interior’s
(DOI) implementing policy, the
Minerals Management Service (MMS) is
required to charge the full cost for
services that provide special benefits or
privileges to an identifiable non-Federal
recipient above and beyond those which
accrue to the public at large.
Regulations at 30 CFR part 203
implement these statutes and policy and
require respondents to pay a fee to
request royalty relief. Section 30 CFR
203.3 states that, ‘‘We will specify the
necessary fees for each of the types of
royalty-relief applications and possible
MMS audits in a Notice to Lessees. We
will periodically update the fees to
reflect changes in costs as well as
provide other information necessary to
administer royalty relief.’’

203.63(b) and 30 CFR 250.197. No items
of a sensitive nature are collected.
Responses are mandatory or are
required to obtain or retain a benefit.
Frequency: On occasion.
Estimated Number and Description of
Respondents: Approximately 130
Federal OCS oil and gas lessees.
Estimated Reporting and
Recordkeeping ‘‘Hour’’ Burden: The
currently approved annual reporting
burden for this collection is 4,721 hours.
The following chart details the
individual components and respective
hour burden estimates of this ICR. In
calculating the burdens, we assumed
that respondents perform certain
requirements in the normal course of
their activities. We consider these to be
usual and customary and took that into
account in estimating the burden.

Citation 30 CFR 203

Reporting or recordkeeping requirement
30 CFR Part 203

2(b); 3; 4; 70 ................

These sections contain general references to submitting reports, applications, requests,
copies, demonstrating qualifications, for MMS approval—burdens covered under specific
requirements.
Request a refund of or recoup royalties from qualified ultra-deep wells .................................
Request to extend the deadline for beginning production with required supporting documentation.
Notify MMS of intent to begin drilling .......................................................................................
Notify MMS that production has begun, request confirmation of the size of RSV, provide
supporting documentation.
Request a refund of or recoup royalties from qualified wells >200 meters but <400 meters
Provide data from well to confirm and attest well drilled was an unsuccessful certified well
with supporting documentation and request supplement.
Notify MMS of decision to exercise option to replace one set of deep gas royalty suspension terms for another set of such terms.
NOTE: The MMS SOL requires that the regulation stay for legacy purposes only. Last time
any respondent could use was 2004.
Application—leases that generate earnings that cannot sustain continued production (endof-life lease) and required supporting documentation.

31(c) .............................
35(d); 44(e) ..................
35(a); 44(a); 47(a) .......
35(c), (d); 44(b), (d), (e)
41(d) .............................
46 .................................
49(b) .............................

51; 83; 84 .....................

52 .................................
55 .................................
61; 62; 64; 65; 71; 83;
85–89.
61; 62; 64; 65; 203.71;
203.83; 203.85–89.
61; 62; 64; 65; 71; 83;
85–89.
70; 81; 90; 91 ..............
70; 81; 90; 92 ..............
74; 75 ...........................
77 .................................
79(c) .............................
80 .................................
dwashington3 on PROD1PC60 with NOTICES

The MMS uses the information to
make decisions on the economic
viability of leases requesting a
suspension or elimination of royalty or
net profit share. These decisions have
enormous monetary impacts to both the
lessee and the Federal Government.
Royalty relief can lead to increased
production of natural gas and oil,
creating profits for lessees and royalty
and tax revenues for the government
that they might not otherwise receive.
We could not make an informed
decision without the collection of
information required by 30 CFR part
203.
We will protect information from
respondents considered proprietary
under the Freedom of Information Act
(5 U.S.C. 552) and its implementing
regulations (43 CFR part 2) and 30 CFR

Hour burden
application fees

Demonstrate ability to qualify for royalty relief or to re-qualify ................................................
Renounce relief arrangement (end-of-life) (seldom, if ever will be used; minimal burden to
prepare letter).
Application—leases in designated areas of GOM deep water acquired in lease sale before
11/28/95 or after 11/28/00 and are producing (deep water expansion project) and required supporting documentation.
Application—leases in designated areas of deep water GOM, acquired in lease sale before
11/28/95 or after 11/28/00 that have not produced (pre-act or post-2000 deep water
leases) and required supporting documentation.
Application—preview assessment (seldom if ever will be used as applicants generally opt
for binding determination by MMS instead) and required supporting documentation.
Submit fabricator’s confirmation report; extension justification ................................................
Submit post-production development report; extension justification ........................................
Redetermination and required supporting documentation .......................................................
Renounce relief arrangement (deep water) (seldom, if ever will be used; minimal burden to
prepare letter).
Request extension of deadline to start construction ................................................................
Application—apart from formal programs for royalty relief for a marginal producing lease
(Special Case Relief) and required supporting documentation.

80 .................................

Application—apart from formal programs for royalty relief for marginal expansion project or
marginal non-producing lease (Special Case Relief) and required supporting documentation.

81; 83–90 .....................

Required reports; extension justification ..................................................................................

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0.

1.
1.
1.
2.
1.
8.
0.

100.
Application = $8,000.*
Audit = $12,500.
1.
1.
2,000.
Application = $19,500.
2,000.
Application = $34,000.*
Audit = $37,500.
Application = $34,000.
20.
50.
500.
Application = $16,000.*
1.
2.
250.
Application = $8,000.**
Audit = $10,000.
GOM—1,000.
Application = $19,500.**
Audit = $20,000.
POCS—40.
Application = $6,500.***
Burden included with applications.

18395

Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices
Citation 30 CFR 203

Reporting or recordkeeping requirement
30 CFR Part 203

81(d) .............................

Retain supporting cost records for post-production development/fabrication reports (records
retained as usual/customary business practice; minimal burden to make available at
MMS request).
Application—short form to add or assign pre-Act lease and required supporting documentation.

83 .................................

Hour burden
application fees
8.
40
Application = $1,000.

dwashington3 on PROD1PC60 with NOTICES

* CPA certification expense burden also imposed on applicant.
** These applications currently do not have a set fee since they are done on a case-by-case basis. In the past 11 years, three unique applications have been submitted and the respondents were charged approximately $8,000 per application, and $19,500 respectively.

Note: Applications include numerous
items such as: transmittal letters, letters
of request, modifications to
applications, reapplications, etc.
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: There are two non-hour costs
associated with this information
collection. The currently approved nonhour cost burden is $280,670. This
estimate is based on:
(a) Application and audit fees. The
total annual estimated cost burden for
these fees is $145,670 (refer to burden
chart).
(b) Cost of reports prepared by
independent certified public
accountants. Under § 203.81, a report
prepared by an independent certified
public accountant (CPA) must
accompany the application and postproduction report (expansion project,
short form, and preview assessment
applications are excluded). The OCS
Lands Act applications will require this
report only once; the DWRRA
applications will require this report at
two stages—with the application and
post-production development report for
successful applicants. We estimate
approximately three submissions,
during the information collection
extension, at an average cost of $45,000
per report, for a total estimated annual
cost burden of $135,000. We have not
identified any other non-hour cost
burdens for this collection.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. Until OMB approves a
collection of information, you are not
obligated to respond.
Comments: Before submitting an ICR
to OMB, PRA section 3506(c)(2)(A)
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

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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.
Agencies must also estimate the ‘‘nonhour cost’’ burdens to respondents or
recordkeepers resulting from the
collection of information. Therefore, 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, and
record storage facilities. You should not
include estimates for 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
submission for OMB approval. As a
result of your comments, we will make
any necessary adjustments to the burden
in our submission to OMB.
Public Comment Procedures: Before
including your address, phone number,
e-mail address, or other personal
identifying information in your
comment, you should be aware 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

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to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: April 10, 2009.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E9–9194 Filed 4–21–09; 8:45 am]
BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–R–2009–N0084] [41510–12610000–4A]

Proposed Information Collection;
Economic Valuation and Visitor
Satisfaction Survey, Crystal River
National Wildlife Refuge
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
SUMMARY: We (Fish and Wildlife
Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. We
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.
DATES: Your comments must be received
by June 22, 2009.
ADDRESSES: Send your comments on the
IC to Hope Grey, Information Collection
Clearance Officer, Fish and Wildlife
Service, MS 222–ARLSQ, 4401 North
Fairfax Drive, Arlington, VA 22203
(mail); [email protected] (e-mail).
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this IC, contact Hope Grey by mail or e-

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