0136 60-day FRN

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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices
SUMMARY: The National Fire Academy
Board of Visitors will meet on April 28–
29, 2010.
DATES: The meeting will take place
Wednesday, April 28, 2010, from 8:30
a.m. to 5 p.m., e.s.t.; and Thursday,
April 29, 2010, from 8:30 a.m. to 1 p.m.,
e.s.t. Comments must be submitted by
April 27, 2010.
ADDRESSES: Members of the public who
wish to obtain information for the
public meeting or who plan to
participate in the meeting should
contact Teressa Kaas as listed in the FOR
FURTHER INFORMATION CONTACT section
by April 27, 2010. Members of the
public may participate by coming to the
National Emergency Training Center,
Building H, Room 300, Emmitsburg,
Maryland. Written material as well as
requests to have written material
distributed to each member of the
committee prior to the meeting should
reach Teressa Kaas as listed in the FOR
FURTHER INFORMATION CONTACT section
by April 27, 2010. Comments must be
identified by docket ID FEMA–2008–
0010 and may be submitted by one of
the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: FEMA–[email protected].
Include the docket ID in the subject line
of the message.
• Fax: (866) 466–5370.
• Mail: Teressa Kaas, 16825 South
Seton Avenue, Emmitsburg, Maryland
21727.
Instructions: All submissions received
must include the docket ID for this
action. Comments received will be
posted without alteration at http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received by the National Fire
Academy Board of Visitors, go to
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Teressa Kaas, 16825 South Seton
Avenue, Emmitsburg, Maryland 21727,
telephone (301) 447–1117, fax (301)
447–1173, and e-mail
[email protected].
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, 5 U.S.C. App.
(Pub. L. 92–463). The National Fire
Academy Board of Visitors will be
holding a meeting for purposes of
reviewing National Fire Academy
Program activities, including the status
of campus maintenance and capital
improvements, the budget update, the
Applicant Outreach Committee Report,
the Emergency Medical Services

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Committee Report, the Training
Resources and Data Exchange Review
Committee Report, the Fire and
Emergency Services Higher Education
Committee Report, the Academy update,
and Board discussions and new items.
This meeting is open to the public.
The Chairperson of the National Fire
Academy Board of Visitors shall
conduct the meeting in a way that will,
in her judgment, facilitate the orderly
conduct of business. During its meeting,
the committee welcomes public
comment; however, comments will be
permitted only during the public
comment period. The Chairperson will
make every effort to hear the views of
all interested parties. Please note that
the meeting may end early if all
business is completed.
Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
meeting, contact Teressa Kaas as soon as
possible.
Dated: March 30, 2010.
Denis G. Onieal,
Superintendent, National Fire Academy,
United States Fire Administration, Federal
Emergency Management Agency.
[FR Doc. 2010–8238 Filed 4–9–10; 8:45 am]
BILLING CODE 9110–45–P

DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2008–MRM–0031]

Agency Information Collection
Activities: Proposed Collection,
Comment Request
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number
1010–0136).
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
We consolidated this information
collection request (ICR) and ICR 1010–
0090, Stripper Royalty Rate Reduction
Notification, in order to allow programwide review of Federal oil and gas
valuation. The new title of this ICR is
‘‘30 CFR parts 202, 204, 206, and 210,
Federal Oil and Gas Valuation.’’
DATES: Submit written comments on or
before June 11, 2010.

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ADDRESSES: You may submit comments
on this ICR by any of the following
methods. Please use ‘‘ICR 1010–0136’’ as
an identifier in your comment.
• Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter MMS–
2008–MRM–0031, and then click
search. Follow the instructions to
submit public comments. The MMS will
post all comments.
• Mail comments to Hyla Hurst,
Regulatory Specialist, Minerals
Management Service, Minerals Revenue
Management, P.O. Box 25165, MS
61013B, Denver, Colorado 80225. Please
reference ICR 1010–0136 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling St., Denver, Colorado
80225. Please reference ICR 1010–0136
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or email [email protected]. You may also
contact Hyla Hurst to obtain copies, at
no cost, of (1) the ICR, (2) any associated
forms, and (3) the regulations that
require the subject collection of
information.
SUPPLEMENTARY INFORMATION:

Title: 30 CFR parts 202, 204, 206, and
210, Federal Oil and Gas Valuation.
OMB Control Number: 1010–0136.
Bureau Form Number: Forms MMS–
4377 and MMS–4393.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for mineral resource development on
Federal and Indian lands and the Outer
Continental Shelf (OCS). The Secretary
is required by various laws to manage
mineral resource production from
Federal and Indian lands and the OCS,
collect the royalties and other mineral
revenues due, and distribute the funds
collected in accordance with applicable
laws. Public laws pertaining to mineral
leases on Federal and Indian lands are
posted on our Web site at http://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
General Information
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share in an amount or value of
production from the leased lands. The
lessee is required to report various kinds
of information to the lessor relative to
the disposition of the leased minerals.
Such information is generally available

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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices

within the records of the lessee or others
involved in developing, transporting,
processing, purchasing, or selling of
such minerals.
We use the information collected in
this ICR to ensure that royalty is
accurately valued and appropriately
paid on oil and gas produced from
Federal onshore and offshore leases.
Please refer to the Respondents’
Estimated Annual Burden Hours table
for all reporting requirements and
associated burden hours. All data
submitted is subject to subsequent audit
and adjustment.
Federal Oil and Gas Valuation
Regulations
The valuation regulations at 30 CFR
part 206, subparts C and D, mandate
that companies collect and/or submit
information used to value their Federal
oil and gas, including (1) transportation
and processing allowances; and (2)
regulatory allowance limitation
information. Companies report certain
data on Form MMS–2014, Report of
Sales and Royalty Remittance (OMB
Control Number 1010–0139). The
information requested is the minimum
necessary to carry out our mission and
places the least possible burden on
respondents. If MMS does not collect
this information, both Federal and State
governments may incur a loss of
royalties.
Transportation and Processing
Regulatory Allowance Limits
Lessees may deduct the reasonable,
actual costs of transportation and
processing from Federal royalties.
Lessees who request approval to exceed
the regulatory allowance limits are
required to provide information in order
to obtain these benefits.

Request To Exceed Regulatory
Allowance Limitation, Form MMS–4393
Lessees may request to exceed
regulatory limitations. Upon proper
application from the lessee, we may
approve an oil or gas transportation
allowance in excess of 50 percent or a
gas processing allowance in excess of
662⁄3 percent on Federal leases. Form
MMS–4393 is used for both Federal and
Indian leases to request to exceed
allowance limitations. This ICR
includes only Federal leases; therefore
burden hours for Form MMS–4393 for
Indian leases are not included in this
ICR. Burden hours for Form MMS–4393
for Indian leases are included in OMB
Control Number 1010–0103.
Accounting and Auditing Relief for
Marginal Properties
In 2004, we amended our regulations
to comply with section 7 of the Federal
Oil and Gas Royalty Simplification and
Fairness Act of 1996. The regulations
provide guidance for lessees and
designees seeking accounting and
auditing relief for qualifying Federal
marginal properties. Under the
regulations, both MMS and the state
concerned must approve any relief
granted for a marginal property.
Stripper Oil Royalty Rate Reduction
Program
Under 43 CFR 3103.4–2, the Stripper
Oil Royalty Rate Reduction Program
(Stripper Oil Program) was established
by the Bureau of Land Management
(BLM), the surface management agency
for Federal onshore leases. As a benefit
under this program, MMS, who
administered the Stripper Oil Program
for BLM, approved royalty rate
reductions for operators of stripper oil
properties for applicable sales periods
from October 1, 1992, through January
31, 2006. Effective February 1, 2006, the
benefits of reduced royalty rates under

this program were terminated. This
change is not currently reflected in the
CFR; however, BLM is processing a final
rule to remove this citation from the
regulations.
For production through January 31,
2006, reporters used Form MMS–4377,
Stripper Royalty Rate Reduction
Notification, to notify MMS of royalty
rate changes. Although the benefits were
terminated, MMS continues to verify
previously submitted notifications and
may require the operator to submit an
amended Form MMS–4377.
OMB Approval
We are requesting OMB approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge his/
her duties and may also result in loss of
royalty payments. Proprietary
information submitted to MMS under
this collection is protected, and no
items of a sensitive nature are included
in this information collection.
For information collections relating to
valuation requirements, responses are
mandatory. For the remaining
information collections in this ICR,
responses are required to obtain
benefits.
Frequency: Annually and on occasion.
Estimated Number and Description of
Respondents: 120 Federal lessees/
designees and 7 states for Federal oil
and gas valuation; and 150 lessees/
lessors for the Stripper Oil Program.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 9,378
hours.
We have not included in our
estimates certain requirements
performed in the normal course of
business and considered usual and
customary. The following chart shows
the estimated burden hours by CFR
section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
30 CFR 202, 204, 206, and 210

Reporting and recordkeeping requirement

Hour burden

Average number of annual
responses

Annual burden
hours

PART 202—ROYALTIES
Subpart C—Federal and Indian Oil

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202.101 .........................................

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202.101 Oil volumes are to be reported in barrels of
clean oil of 42 standard U.S. gallons (231 cubic
inches each) at 60 °F. * * *

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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR 202, 204, 206, and 210

Reporting and recordkeeping requirement

Hour burden

Average number of annual
responses

Annual burden
hours

Subpart D—Federal Gas
202.152(a) and (b) ........................

202.152(a)(1) If you are responsible for reporting production or royalties you must:
(i) Report gas volumes and British thermal unit (Btu)
heating values, if applicable, under the same degree
of water saturation;
(ii) Report gas volumes in units of 1,000 cubic feet
(mcf); and
(iii) Report gas volumes and Btu heating value at a
standard pressure base of 14.73 pounds per square
inch absolute (psia) and a standard temperature base
of 60 °F. * * *
(b) Residue gas and gas plant product volumes shall be
reported as specified in this paragraph. * * *

Burden covered under OMB Control Number
1010–0139.

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PART 204—ALTERNATIVES FOR MARGINAL PROPERTIES
Subpart C—Accounting and Auditing Relief
204.202(b)(1) ................................

204.202(b) To use the cumulative royalty reports and
payments relief option, you must do all of the following:
(1) Notify MMS in writing by January 31 of the calendar
year for which you begin taking your relief. * * *

204.202(b)(2) and (b)(3) ...............

204.202(b)(2) Submit your royalty report and payment
* * * by the end of February of the year following the
calendar year for which you reported annually. * * *
If you have an estimated payment on file, you must
submit your royalty report and payment by the end of
March of the year following the calendar year for
which you reported annually;
(3) Use the sales month prior to the month that you
submit your annual report and payment * * * for the
entire previous calendar year’s production for which
you are paying annually. * * *

Burden covered under OMB Control Number
1010–0139.

204.202(b)(4), (b)(5), (c), (d)(1),
(d)(2), (e)(1), and (e)(2).

204.202(b) To use the cumulative royalty reports and
payments relief option, you must * * *
(4) Report one line of cumulative royalty information on
Form MMS–2014 for the calendar year * * * and
(5) Report allowances on Form MMS–2014 on the
same annual basis as the royalties for your marginal
property production.
(c) If you do not pay your royalty by the date due in
paragraph (b) of this section, you will owe late payment interest * * * from the date your payment was
due under this section until the date MMS receives it.
* * *
(d) If you take relief you are not qualified for, you may
be liable for civil penalties. Also you must:
(1) Pay MMS late payment interest determined under
30 CFR 218.54 * * *
(2) Amend your Form MMS–2014 * * *
(e) If you dispose of your ownership interest in a marginal property for which you have taken relief * * *
you must:
(1) Report and pay royalties for the portion of the calendar year for which you had an ownership interest;
and
(2) Make the report and payment by the end of the
month after you dispose of the ownership interest in
the marginal property. If you do not report and pay
timely, you will owe interest * * * from the date the
payment was due. * * *

Burden covered under OMB Control Number
1010–0139.

204.203(b), 204.205(a) and (b),
and 204.206(a)(3)(i) and (b)(1).

204.203(b) You must request approval from MMS * * *
before taking relief under this option.

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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Hour burden

Average number of annual
responses

Annual burden
hours

1

6

30 CFR 202, 204, 206, and 210

Reporting and recordkeeping requirement

204.209(b) .....................................

204.209(b) If a property is no longer eligible for relief
* * * the relief for the property terminates as of December 31 of that calendar year. You must notify
MMS in writing by December 31 that the relief for the
property has terminated * * *.

204.210(c) and (d) ........................

204.210(c) * * * the volumes on which you report and
pay royalty * * * must be amended to reflect all volumes produced on or allocated to your lease under
the nonqualifying agreement as modified by BLM.
* * * Report and pay royalties for your production
using the procedures in § 204.202(b).
(d) If you owe additional royalties based on the retroactive agreement approval and do not pay your royalty by the date due in § 204.202(b), you will owe late
payment interest determined under 30 CFR 218.54
from the date your payment was due under
§ 204.202(b)(2) until the date MMS receives it.

Burden covered under OMB Control Number
1010–0139.

204.214(b)(1) and (b)(2) ...............

204.214(b) If you pay minimum royalty on production
from a marginal property during a calendar year for
which you are taking cumulative royalty reports and
payment relief, and:
(1) The annual payment you owe under this subpart is
greater than the minimum royalty you paid, you must
pay the difference between the minimum royalty you
paid and your annual payment due under this subpart; or
(2) The annual payment you owe under this subpart is
less than the minimum royalty you paid, you are not
entitled to a credit because you must pay at least the
minimum royalty amount on your lease each year.

Burden covered under OMB Control Number
1010–0139.

6

Accounting and Auditing Relief Subtotal ....................................................................................................

10

526

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PART 206—PRODUCT VALUATION
Subpart C—Federal Oil
206.102(e)(1) ................................

206.102(e) If you value oil under paragraph (a) of this
section: (1) MMS may require you to certify that your
or your affiliate’s arm’s-length contract provisions include all of the consideration the buyer must pay, either directly or indirectly, for the oil.

206.103(a)(1), (a)(2), and (a)(3) ...

206.103 This section explains how to value oil that you
may not value under § 206.102 or that you elect
under § 206.102(d) to value under this section. First
determine whether paragraph (a), (b), or (c) of this
section applies to production from your lease, or
whether you may apply paragraph (d) or (e) with
MMS approval. (a) Production from leases in California or Alaska. Value is the average of the daily
mean ANS spot prices published in any MMS-approved publication during the trading month most concurrent with the production month. * * *.
(1) To calculate the daily mean spot price * * *
(2) Use only the days * * *
(3) You must adjust the value * * *

45

5

225

206.103(a)(4) ................................

206.103(a)(4) After you select an MMS-approved publication, you may not select a different publication
more often than once every 2 years, * * *.

8

2

16

206.103(b)(1) ................................

206.103(b) Production from leases in the Rocky Mountain Region. * * * (1) If you have an MMS-approved
tendering program, you must value oil * * *.

400

2

800

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average number of annual
responses

Annual burden
hours

400

2

800

206.103(b)(4) If you demonstrate to MMS’s satisfaction
that paragraphs (b)(1) through (b)(3) of this section
result in an unreasonable value for your production as
a result of circumstances regarding that production,
the MMS Director may establish an alternative valuation method.

400

2

800

206.103(c)(1) .................................

206.103(c) Production from leases not located in California, Alaska or the Rocky Mountain Region. (1)
Value is the NYMEX price, plus the roll, adjusted for
applicable location and quality differentials and transportation costs under § 206.112.

50

10

500

206.103(e)(1) and (e)(2) ...............

206.103(e) Production delivered to your refinery and the
NYMEX price or ANS spot price is an unreasonable
value.
(1) * * * you may apply to the MMS Director to establish a value representing the market at the refinery if:
* * *
(2) You must provide adequate documentation and evidence demonstrating the market value at the refinery.
* * *

330

2

660

206.105 .........................................

206.105 If you determine the value of your oil under this
subpart, you must retain all data relevant to the determination of royalty value. * * *.

206.107(a) .....................................

206.107(a) You may request a value determination from
MMS * * *.

40

10

400

206.109(c)(2) .................................

206.109(c) Limits on transportation allowances. (2) You
may ask MMS to approve a transportation allowance
in excess of the limitation in paragraph (c)(1) of this
section. * * *.
Your application for exception (using Form MMS–4393,
Request to Exceed Regulatory Allowance Limitation)
must contain all relevant and supporting documentation necessary for MMS to make a determination
* * *.

8

2

16

206.110(a) .....................................

206.110(a) * * * You must be able to demonstrate that
your or your affiliate’s contract is at arm’s length.
* * *.

206.110(d)(3) ................................

206.110(d) If your arm’s-length transportation contract
includes more than one liquid product, and the transportation costs attributable to each product cannot be
determined * * *.
(3) You may propose to MMS a cost allocation method
* * *

20

2

40

206.110(e) .....................................

206.110(e) If your arm’s-length transportation contract
includes both gaseous and liquid products, and the
transportation costs attributable to each product cannot be determined from the contract, then you must
propose an allocation procedure to MMS.

20

1

20

206.110(e)(1) and (e)(2) ...............

206.110(e)(1) * * * If MMS rejects your cost allocation,
you must amend your Form MMS–2014 * * *.
(2) You must submit your initial proposal, including all
available data, within 3 months after first claiming the
allocated deductions on Form MMS–2014.

30 CFR 202, 204, 206, and 210

Reporting and recordkeeping requirement

206.103(b)(1)(ii) ............................

206.103(b)(1)(ii) If you do not have an MMS-approved
tendering program, you may elect to value your oil
under either paragraph (b)(2) or (b)(3) of this section.
* * *.

206.103(b)(4) ................................

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AUDIT PROCESS. See note.

Burden covered under OMB Control Number
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average number of annual
responses

Annual burden
hours

5

1

5

206.111(g) To compute depreciation, you may elect to
use either * * *. After you make an election, you may
not change methods without MMS approval. * * *.

30

1

30

206.111(k)(2) .................................

206.111(k)(2) You may propose to MMS a cost allocation method on the basis of the values * * *.

30

1

30

206.111(l)(1) and (l)(3) ..................

206.111(l)(1) Where you transport both gaseous and liquid products through the same transportation system,
you must propose a cost allocation procedure to
MMS. * * *.
(3) You must submit your initial proposal, including all
available data, within 3 months after first claiming the
allocated deductions on Form MMS–2014.

20

1

20

206.111(l)(2) ..................................

206.111(l)(2) * * * If MMS rejects your cost allocation,
you must amend your Form MMS–2104 for the
months that you used the rejected method and pay
any additional royalty and interest due.

206.112(a)(1)(ii) ............................

206.112(a)(1)(ii) * * * under an exchange agreement
that is not at arm’s length, you must obtain approval
from MMS for a location and quality differential * * *

80

1

80

206.112(a)(1)(ii) ............................

206.112(a)(1)(ii) * * * If MMS prescribes a different differential, you must apply * * *. You must pay any additional royalties owed * * * plus the late payment interest from the original royalty due date, or you may
report a credit * * *.

20

2

40

206.112(a)(3) and (a)(4) ...............

206.112(a)(3) If you transport or exchange at arm’s
length (or both transport and exchange) at least 20
percent, but not all, of your oil produced from the
lease to a market center, determine the adjustment
between the lease and the market center for the oil
that is not transported or exchanged (or both transported and exchanged) to or through a market center
as follows: * * *.
(4) If you transport or exchange (or both transport and
exchange) less than 20 percent of your crude oil produced from the lease between the lease and a market center, you must propose to MMS an adjustment
between the lease and the market center for the portion of the oil that you do not transport or exchange
(or both transport and exchange) to a market center.
* * * If MMS prescribes a different adjustment * * *.
You must pay any additional royalties owed * * *
plus the late payment interest from the original royalty
due date, or you may report a credit * * *.

80

4

320

206.112(b)(3) ................................

206.112(b)(3) * * * you may propose an alternative differential to MMS. * * * If MMS prescribes a different
differential * * *. You must pay any additional royalties owed * * * plus the late payment interest from
the original royalty due date, or you may report a
credit * * *.

80

4

320

30 CFR 202, 204, 206, and 210

Reporting and recordkeeping requirement

206.110(g)(2) ................................

206.110(g) If your arm’s-length sales contract includes a
provision reducing the contract price by a transportation factor, * * *.
(2) You must obtain MMS approval before claiming a
transportation factor in excess of 50 percent of the
base price of the product.

206.111(g) .....................................

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Hour burden

Average number of annual
responses

Annual burden
hours

2

160

30 CFR 202, 204, 206, and 210

Reporting and recordkeeping requirement

206.112(c)(2) .................................

206.112(c)(2) * * * If quality bank adjustments do not
incorporate or provide for adjustments for sulfur content, you may make sulfur adjustments, based on the
quality of the representative crude oil at the market
center, of 5.0 cents per one-tenth percent difference
in sulfur content, unless MMS approves a higher adjustment.

206.114 .........................................

206.114 You or your affiliate must use a separate entry
on Form MMS–2014 to notify MMS of an allowance
based on transportation costs you or your affiliate
incur.

Burden covered under OMB Control Number
1010–0139.

MMS may require you or your affiliate to submit arm’slength transportation contracts, production agreements, operating agreements, and related documents.
* * *

AUDIT PROCESS. See note.

206.115(a) .....................................

206.115(a) You or your affiliate must use a separate
entry on Form MMS–2014 to notify MMS of an allowance based on transportation costs you or your affiliate incur.

Burden covered under OMB Control Number
1010–0139.

206.115(c) .....................................

206.115(c) MMS may require you or your affiliate to
submit all data used to calculate the allowance deduction. * * *

AUDIT PROCESS. See note.

80

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Subpart D—Federal Gas
206.152(b)(1)(i) and (b)(1)(iii) .......

206.152(b)(1)(i) * * * The lessee shall have the burden
of demonstrating that its contract is arm’s-length.
* * * (iii) * * * When MMS determines that the value
may be unreasonable, MMS will notify the lessee and
give the lessee an opportunity to provide written information justifying the lessee’s value.

206.152(b)(2) ................................

206.152(b)(2) * * * The lessee must request a value
determination in accordance with paragraph (g) of this
section for gas sold pursuant to a warranty contract;
* * *

206.152(b)(3) ................................

206.152(b)(3) MMS may require a lessee to certify that
its arm’s-length contract provisions include all of the
consideration to be paid by the buyer, either directly
or indirectly, for the gas.

AUDIT PROCESS. See note.

206.152(e)(1) ................................

206.152(e)(1) Where the value is determined pursuant
to paragraph (c) of this section, the lessee shall retain
all data relevant to the determination of royalty value.
* * *

Burden covered under OMB Control Number
1010–0139.

206.152(e)(2) ................................

206.152(e)(2) Any Federal lessee will make available
upon request to the authorized MMS or State representatives, to the Office of the Inspector General of
the department of the Interior, or other person authorized to receive such information, arm’s-length sales
and volume data for like-quality production sold, purchased or otherwise obtained by the lessee from the
field or area or from nearby fields or areas.

AUDIT PROCESS. See note.

206.152(e)(3) ................................

206.152(e)(3) A lessee shall notify MMS if it has determined value pursuant to paragraph (c)(2) or (c)(3) of
this section. * * *

10

10

100

206.152(g) .....................................

206.152(g) The lessee may request a value determination from MMS. * * * The lessee shall submit all
available data relevant to its proposal. * * *

40

5

200

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Annual burden
hours

Reporting and recordkeeping requirement

206.153(b)(1)(i) and (b)(1)(iii) .......

206.153(b)(1)(i) * * * The lessee shall have the burden
of demonstrating that its contract is arm’s-length.
* * *
(iii) * * * When MMS determines that the value may be
unreasonable, MMS will notify the lessee and give the
lessee an opportunity to provide written information
justifying the lessee’s value.

206.153(b)(2) ................................

206.153(b)(2) * * * The lessee must request a value
determination in accordance with paragraph (g) of this
section for gas sold pursuant to a warranty contract;
* * *

206.153(b)(3) ................................

206.153(b)(3) MMS may require a lessee to certify that
its arm’s-length contract provisions include all of the
consideration to be paid by the buyer, either directly
or indirectly, for the residue gas or gas plant product.

AUDIT PROCESS. See note.

206.153(e)(1) ................................

206.153(e)(1) Where the value is determined pursuant
to paragraph (c) of this section, the lessee shall retain
all data relevant to the determination of royalty value.
* * *.

Burden covered under OMB Control Number
1010–0139.

206.153(e)(2) ................................

206.153(e)(2) Any Federal lessee will make available
upon request to the authorized MMS or State representatives, to the Office of the Inspector General of
the Department of the Interior, or other persons authorized to receive such information, arm’s-length
sales and volume data for like-quality residue gas and
gas plant products sold, purchased or otherwise obtained by the lessee from the same processing plant
or from nearby processing plants.

AUDIT PROCESS. See note.

206.153(e)(3) ................................

206.153(e)(2) A lessee shall notify MMS if it has determined any value pursuant to paragraph (c)(2) or
(c)(3) of this section. * * *

10

2

20

206.153(g) .....................................

206.153(g) The lessee may request a value determination from MMS. * * * The lessee shall submit all
available data relevant to its proposal. * * *

80

15

1,200

206.154(c)(4) .................................

206.154(c)(4) * * * A lessee may request MMS approval of other methods for determining the quantity
of residue gas and gas plant products allocable to
each lease. * * *

40

1

40

206.156(c)(3) .................................

206.156(c)(3) Upon request of a lessee, MMS may approve a transportation allowance deduction in excess
of the limitation prescribed by paragraphs (c)(1) and
(c)(2) of this section. * * * An application for exception (using Form MMS–4393, Request to Exceed
Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for
MMS to make a determination. * * *

40

3

120

206.157(a)(1)(i) .............................

206.157(a) Arm’s-length transportation contracts. (1)(i)
* * * The lessee shall have the burden of demonstrating that its contract is arm’s-length. * * *

AUDIT PROCESS. See note.

The lessee must claim a transportation allowance by reporting it on a separate line entry on the Form MMS–
2014.

Burden covered under OMB Control Number
1010–0139.

206.157(a)(1)(iii) * * * When MMS determines that the
value of the transportation may be unreasonable,
MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the
lessee’s transportation costs.

AUDIT PROCESS. See note.

206.157(a)(1)(iii) ............................

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Hour burden

Average number of annual
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30 CFR 202, 204, 206, and 210

AUDIT PROCESS. See note.

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Average number of annual
responses

Annual burden
hours

40

1

40

206.157(a)(3) If an arm’s-length transportation contract
includes both gaseous and liquid products and the
transportation costs attributable to each cannot be determined from the contract, the lessee shall propose
an allocation procedure to MMS. * * * The lessee
shall submit all relevant data to support its proposal.
* * *

40

1

40

206.157(a)(5) ................................

206.157(a)(5) * * * The transportation factor may not
exceed 50 percent of the base price of the product
without MMS approval.

10

3

30

206.157(b)(1) ................................

206.157(b) Non-arm’s-length or no contract. (1) The lessee must claim a transportation allowance by reporting it on a separate line entry on the Form MMS–
2014. * * *

206.157(b)(2)(iv) and (b)(2)(iv) (A)

206.157(b)(2)(iv) * * * After a lessee has elected to use
either method for a transportation system, the lessee
may not later elect to change to the other alternative
without approval of the MMS.
(A) * * * After an election is made, the lessee may not
change methods without MMS approval. * * *

100

1

100

206.157(b)(3)(i) .............................

206.157(b)(3)(i) * * * Except as provided in this paragraph, the lessee may not take an allowance for
transporting a product which is not royalty bearing
without MMS approval.

100

1

100

206.157(b)(3)(ii) ............................

206.157(b)(3)(ii) * * * the lessee may propose to the
MMS a cost allocation method on the basis of the values of the products transported. * * *

100

1

100

206.157(b)(4) ................................

206.157(b)(4) Where both gaseous and liquid products
are transported through the same transportation system, the lessee shall propose a cost allocation procedure to MMS. * * * The lessee shall submit all relevant data to support its proposal. * * *

100

1

100

206.157(b)(5) ................................

206.157(b)(5) You may apply for an exception from the
requirement to compute actual costs under paragraphs (b)(1) through (b)(4) of this section.

100

1

100

206.157(c)(1)(i) .............................

206.157(c) Reporting Requirements. (1) Arm’s-length
contracts. (i) You must use a separate entry on Form
MMS–2014 to notify MMS of a transportation allowance.

Burden covered under OMB Control Number
1010–0139.

206.157(c)(1)(ii) .............................

206.157(c)(1)(ii) The MMS may require you to submit
arm’s-length transportation contracts, production
agreements, operating agreements, and related documents. * * *

AUDIT PROCESS. See note.

206.157(c)(2)(i) .............................

206.157(c)(2) Non-arm’s-length or no contract. (i) You
must use a separate entry on Form MMS–2014 to notify MMS of a transportation allowance.

Burden covered under OMB Control Number
1010–0139.

206.157(c)(2)(iii) ............................

206.157(c)(2)(iii) The MMS may require you to submit
all data used to calculate the allowance deduction.
* * *

AUDIT PROCESS. See note.

30 CFR 202, 204, 206, and 210

Reporting and recordkeeping requirement

206.157(a)(2)(ii) ............................

206.157(a)(2)(ii) * * * the lessee may propose to MMS
a cost allocation method on the basis of the values of
the products transported. * * *

206.157(a)(3) ................................

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Annual burden
hours

Reporting and recordkeeping requirement

206.157(e)(2), (e)(3), and (f)(1) ....

206.157(e) Adjustments. (2) For lessees transporting
production from onshore Federal leases, the lessee
must submit a corrected Form MMS–2014 to reflect
actual costs, together with any payment, in accordance with instructions provided by MMS.
(3) For lessees transporting gas production from leases
on the OCS, if the lessee’s estimated transportation
allowance exceeds the allowance based on actual
costs, the lessee must submit a corrected Form
MMS–2014 to reflect actual costs, together with its
payments, in accordance with instructions provided by
MMS. * * *
(f) Allowable costs in determining transportation allowances. * * * (1) Firm demand charges paid to pipelines. * * * if you receive a payment or credit from
the pipeline for penalty refunds, rate case refunds, or
other reasons, you must reduce the firm demand
charge claimed on the Form MMS–2014 by the
amount of that payment. You must modify Form
MMS–2014 by the amount received or credited for
the affected reporting period and pay any resulting
royalty and late payment interest due;

206.158(c)(3) .................................

206.158(c)(3) Upon request of a lessee, MMS may approve a processing allowance in excess of the limitation prescribed by paragraph (c)(2) of this section.
* * * An application for exception (using Form MMS–
4393, Request to Exceed Regulatory Allowance Limitation) shall contain all relevant and supporting documentation for MMS to make a determination. * * *

80

8

640

206.158(d)(2)(i) .............................

206.158(d)(2)(i) If the lessee incurs extraordinary costs
for processing gas production from a gas production
operation, it may apply to MMS for an allowance for
those costs * * *.

80

1

80

206.158(d)(2)(ii) ............................

206.158(d)(2)(ii) * * * to retain the authority to deduct
the allowance the lessee must report the deduction to
MMS in a form and manner prescribed by MMS.

Burden covered under OMB Control Number
1010–0139.

206.159(a)(1)(i) .............................

206.159(a) Arm’s-length processing contracts. (1)(i)
* * * The lessee shall have the burden of demonstrating that its contract is arm’s-length. * * *

AUDIT PROCESS. See note.

The lessee must claim a processing allowance by reporting it on a separate line entry on the Form MMS–
2014.

Burden covered under OMB Control Number
1010–0139.

206.159(a)(1)(iii) ............................

206.159(a)(1)(iii) * * * When MMS determines that the
value of the processing may be unreasonable, MMS
will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee’s processing costs.

AUDIT PROCESS. See note.

206.159(a)(3) ................................

206.159(a)(3) If an arm’s-length processing contract includes more than one gas plant product and the processing costs attributable to each product cannot be
determined from the contract, the lessee shall propose an allocation procedure to MMS. * * * The lessee shall submit all relevant data to support its proposal. * * *

206.159(b)(1) ................................

206.159(b) Non-arm’s-length or no contract ....................
(1)* * * The lessee must claim a processing allowance
by reflecting it as a separate line entry on the Form
MMS–2014. * * *

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Hour burden

Average number of annual
responses

30 CFR 202, 204, 206, and 210

Burden covered under OMB Control Number
1010–0139.

20

1

20

Burden covered under OMB Control Number
1010–0139.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average number of annual
responses

Annual burden
hours

100

1

100

100

1

100

30 CFR 202, 204, 206, and 210

Reporting and recordkeeping requirement

Hour burden

206.159(b)(2)(iv) and (b)(2)(iv) (A)

206.159(b)(2)(iv) * * * When a lessee has elected to
use either method for a processing plant, the lessee
may not later elect to change to the alternative without approval of the MMS.
(A) * * * After an election is made, the lessee may not
change methods without MMS approval * * *.

206.159(b)(4) ................................

206.159(b)(4) A lessee may apply to MMS for an exception from the requirements that it compute actual
costs in accordance with paragraphs (b)(1) through
(b)(3) of this section. * * *

206.159(c)(1)(i) .............................

206.159(c) Reporting requirements—(1) Arm’s-length
contracts. (i) The lessee must notify MMS of an allowance based on incurred costs by using a separate
line entry on the Form MMS–2014.

Burden covered under OMB Control Number
1010–0139.

206.159(c)(1)(ii) .............................

206.159(c)(1)(ii) The MMS may require that a lessee
submit arm’s-length processing contracts and related
documents. * * *

AUDIT PROCESS. See note.

206.159(c)(2)(i) .............................

206.159(c)(2) Non-arm’s-length or no contract. (i) The
lessee must notify MMS of an allowance based on incurred costs by using a separate line entry on the
Form MMS–2014.

Burden covered under OMB Control Number
1010–0139.

206.159(c)(2)(iii) ............................

206.159(c)(2)(iii) Upon request by MMS, the lessee
shall submit all data used to prepare the allowance
deduction. * * *

AUDIT PROCESS. See note.

206.159(e)(2) and (e)(3) ...............

206.159(e) Adjustments ...................................................
(2) For lessees processing production from onshore
Federal leases, the lessee must submit a corrected
Form MMS–2014 to reflect actual costs, together with
any payment, in accordance with instructions provided by MMS.
(3) For lessees processing gas production from leases
on the OCS, if the lessee’s estimated processing allowance exceeds the allowance based on actual
costs, the lessee must submit a corrected Form
MMS–2014 to reflect actual costs, together with its
payment, in accordance with instructions provided by
MMS * * *.

Burden covered under OMB Control Number
1010–0139.

Oil and Gas Valuation Subtotal ....................................................................................................................

117

8,672

1.2

150

180

Total ..................................................................................................................................................................

277

9,378

PART 210—FORMS AND REPORTS
Subpart D—Special-Purpose Forms and Reports—Oil, Gas, and Geothermal
210.155(a) .....................................

210.155(a) General. Operators who have been granted
a reduced royalty rate by the Bureau of Land Management (BLM) * * * must submit Form MMS–4377,
Stripper Royalty Rate Reduction Notification, under
43 CFR * * *.
NOTE: BLM terminated the benefits of this program and
is processing a final rule to remove this program from
the regulations.

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Note: Audit Process—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of 1995
because MMS staff asks non-standard questions to resolve exceptions.

Estimated Annual Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: We have identified no ‘‘nonHour cost’’ burden associated with the
collection of information.

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Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it

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displays a currently valid OMB control
number.
Comments: Before submitting an ICR
to OMB, PRA Section 3506(c)(2)(A)
requires each agency to ‘‘* * * provide
60-day notice in the Federal Register

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* * * and otherwise consult with
members of the public and affected
agencies concerning each proposed
collection of information * * *.’’
Agencies must specifically solicit
comments to: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
The PRA also requires agencies to
estimate the total annual reporting ‘‘nonhour cost’’ burden to respondents or
recordkeepers resulting from the
collection of information. 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,
sampling, and testing equipment; and
record storage facilities. Generally, your
estimates should not include 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
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. We also will post the ICR
at http://www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm.
Public Comment Policy: We will post
all comments, including names and
addresses of respondents, at http://
www.regulations.gov. Before including
your address, phone number, e-mail
address, or other personal identifying
information in your comment, be
advised that your entire comment—
including your personal identifying

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information—may be made publicly
available at any time. While you can ask
us in your comment to withhold from
public view your personal identifying
information, we cannot guarantee that
we will be able to do so.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.

Minerals Management Service

and Kipling St., Denver, Colorado
80225. Please reference ICR 1010–0120
in your comments.
FOR FURTHER INFORMATION CONTACT: For
questions on technical issues, contact
Glenn W. Kepler, Sr., Solid Minerals
and Geothermal (SM&G), Minerals
Revenue Management (MRM), MMS,
telephone (303) 231–3346, or e-mail
[email protected]. For other
comments or questions, contact Armand
Southall, Regulatory Specialist, Project
Management Office—Regulations,
MRM, MMS, telephone (303) 231–3221,
or e-mail [email protected].
You may contact Mr. Southall to obtain
copies, at no cost, of (1) the ICR, (2) any
associated forms, and (3) the regulations
that require the subject information
collection.

[Docket No. MMS–2010–MRM–0004]

SUPPLEMENTARY INFORMATION:

Dated: April 6, 2010.
Gregory J. Gould,
Associate Director for Minerals Revenue
Management.
[FR Doc. 2010–8198 Filed 4–9–10; 8:45 am]
BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR

Agency Information Collection
Activities: Proposed Collection,
Comment Request
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1010–
0120).
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
The title of this information collection
request (ICR) is ‘‘30 CFR Parts 202, 206,
210, 212, 217, and 218, Solid Minerals
and Geothermal Collections.’’
DATES: Submit written comments on or
before June 11, 2010.
ADDRESSES: You may submit comments
on this ICR to MMS by any of the
following methods. Please use ‘‘ICR
1010–0120’’ as an identifier in your
comment.
• Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter MMS–
2010–MRM–0004, and then click
search. Follow the instructions to
submit public comments. The MMS will
post all comments.
• Mail comments to Armand
Southall, Regulatory Specialist,
Minerals Management Service, Minerals
Revenue Management, P.O. Box 25165,
MS 61013B, Denver, Colorado 80225.
Please reference ICR 1010–0120 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.,

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Title: 30 CFR Parts 202, 206, 210, 212,
217, and 218, Solid Minerals and
Geothermal Collections.
OMB Control Number: 1010–0120.
Bureau Form Numbers: Forms MMS–
4430, MMS–4292, and MMS–4293.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for collecting royalties from lessees who
produce minerals from leased Federal
and Indian lands. The Secretary is
required by various laws to manage
mineral resources production on
Federal and Indian lands, collect the
royalties due, and distribute the funds
in accordance with those laws. The
Secretary also has a trust responsibility
to manage Indian lands and seek advice
and information from Indian
beneficiaries. The MMS performs the
royalty management functions and
assists the Secretary in carrying out the
Department’s trust responsibility for
Indian lands.
Public laws pertaining to mineral
leases on Federal and Indian lands are
posted at http://www.mrm.mms.gov/
Laws_R_D/PublicLawsAMR.htm.
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share (royalty) of the value received
from production from the leased lands.
The lease creates a business relationship
between the lessor and the lessee. The
lessee is required to report various kinds
of information to the lessor relative to
the disposition of the leased minerals.
The information collected includes data
necessary to assure that royalties are
accurately valued and appropriately
paid.
The MMS, acting for the Secretary,
uses all of the collected information to
support the Minerals Revenue

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