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18536
Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices
* * * 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.,
PO 00000
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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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Management Audit and Compliance
Management (ACM) and Financial
Management (FM) processes, and to
assure that royalties reported and paid
are based upon correct product
valuation and allocated to the proper
leases. The MMS also uses the collected
information, as do other Federal
Government, State, and tribal entities,
for audit purposes and to evaluate the
reasonableness of product valuation,
production and sales allocation, or coal
washing and/or transportation
allowance claim(s) that lessees submit.
Specifically, MMS provides the Bureau
of Land Management (BLM) and the
Bureau of Indian Affairs (BIA) access to
this information, which they use to
conduct production verification, ensure
lease diligence, and monitor plant
efficiencies and inventories for
maximum recovery, and secondary
products. The MMS’s determination of
the appropriate product value,
production and sales allocations, and
coal washing and/or transportation
allowance(s) taken directly affects the
royalties due. Failure to collect such
data would prevent the Secretary from
accomplishing statutory and trust
responsibilities.
• Form MMS–4430, Solid Minerals
Production and Royalty Report—
Producers of coal and other solid
minerals from Federal and Indian leases
electronically file this form monthly.
The SM&G uses this report as the
primary accounts receivable document
for all solid minerals royalties. The
producers report the data, on a minelevel basis, which contains basic leaselevel production volume, valuation, and
sales information. The SM&G analyzes
this production and royalty information
to assure compliance of all payments
with lease terms, regulations, and MMS
policies including but not limited to
product valuation, production and sales
allocation, and coal washing and/or
transportation allowance(s) calculation.
• Contracts and Contract
Amendments—Coal and metal
producers submit sales contracts,
agreements, and contract amendments
semi-annually. Sodium, potassium,
phosphate, and other solid mineral
producers, with leases containing ad
valorem royalty terms, submit the
required documents only if specifically
requested by MMS.
• Sales Summaries—The SM&G
compares sales summary information
from purchasers to production, and
royalty information submitted on Form
MMS–4430 and facility data
submissions.
• Facility Data—Operators of wash
plants and of refining, ore
concentration, or other processing
facilities for any coal, sodium,
potassium, metals, or other solid
minerals submit facility data
information for months in which they
process or carry an inventory. The
SM&G uses this facility information in
its compliance process.
• Additional Documents or
Evidence—The MMS requests detailed
statements, documents, or other
evidence, i.e. spot sale invoices, weigh
tickets, laboratory quality reports,
transportation contracts, and service
contracts, supporting our ACM
responsibilities under Federal and
Indian lease terms. The information
might further define a cost or verify a
claim made by the producer.
Form MMS–4292—Coal Washing
Allowance Report and Form MMS–
4293—Coal Transportation Allowance
Report—This ICR also provides for the
collection of coal washing and
transportation allowance information
for Indian leases. The information
collected is essential for the royalty
valuation process.
The MMS developed Forms MMS–
4292, Coal Washing Allowance Report,
and MMS–4293, Coal Transportation
Allowance Report, for industry to
complete when reporting or requesting
a washing or transportation allowance.
Geothermal Resources—This ICR also
provides for the collection of
information on the current royalty
valuation methods for geothermal
resources, which are grouped by usage
(electrical generation, direct use, and
by-product recovery), and by
disposition of the resources (arm’slength [unaffiliated] contract sales, nonarm’s-length contract sales, and no
contract sales) within each usage group.
The MMS relies on data that payors
report on Form MMS–2014 (ICR 1010–
0139) for the majority of our business
processes including geothermal
information.
OMB Approval
The information we collect under this
ICR is essential for the royalty valuation
process. Not collecting this information
would limit the Secretary’s ability to
discharge fiduciary duties and may also
result in the inability to confirm the
accurate royalty value.
Proprietary information submitted to
MMS under this collection is protected.
No items of a sensitive nature are
collected. Responses are mandatory for
Form MMS–4430. A response is
required to obtain benefits for Forms
MMS–4292 and MMS–4293.
Frequency of Response: On occasion,
annually, monthly.
Estimated Number and Description of
Respondents: 144 reporters.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 3,670
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
Citation 30 CFR
Reporting and recordkeeping requirement
Hour burden
Average No.
annual
responses
Annual burden
hours
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Part 202—Royalties
Subpart H—Geothermal Resources
202.351(b)(3) ......................................
Pay royalties on used, sold, or otherwise finally disposed of byproducts.
Hour burden covered under OMB Control
Number 1010–0139.
202.353(a), (b), (c), and (d) ...............
Report on Form MMS–2014, royalties or direct use
fee due for geothermal resources, byproduct
quantity, and commercially demineralized water
quantity.
Hour burden covered under OMB Control
Number 1010–0139. See § 210.52.
202.353(e) ..........................................
Maintain quality measurements for audits ..................
AUDIT PROCESS. See Note.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
Reporting and recordkeeping requirement
Average No.
annual
responses
Hour burden
Annual burden
hours
Part 206—Product Valuation
Subpart F—Federal Coal
206.253(c); 206.254; 206.257(d)(1) ...
Maintain accurate records for Federal lease coal and
all data relevant to the royalty value determination.
Report the coal quantity information on appropriate forms under 30 CFR part 210.
.4166
206.257(b)(1), (b)(3), (b)(4), (d)(2) .....
Demonstrate and certify your arm’s-length contract
provisions including all consideration paid by
buyer, directly or indirectly, for coal production.
Provide written information of reported arm’slength coal sales value and quantity data.
AUDIT PROCESS. See Note.
206.257(d)(3) ......................................
Submit a one-time notification when first reporting
royalties on Form MMS–4430 and for a change in
method.
2
1
2
206.257(f) ...........................................
Submit all available data relevant to the value determination proposal.
5
1
5
206.257(i) ...........................................
Write and sign contract revisions or amendments by
all parties to an arm’s-length contract, and retroactively apply revisions or amendments to royalty
value for a period not to exceed two years.
2
1
2
206.259(a)(1), (a)(3) ...........................
Demonstrate that your contract is arm’s-length. Provide written information justifying the lessee’s
washing costs.
206.259(a)(1) ......................................
Report actual washing allowance on Form MMS–
4430 for arm’s-length sales.
.34
12
4
206.259(b)(1) ......................................
Report actual washing allowance on Form MMS–
4430 for non-arm’s-length or no contract sales.
.75
48
36
206.259(b)(2)(iv) .................................
Report washing allowance on Form MMS–4430 after
lessee elects either method for a wash plant.
1
1
1
206.259(b)(2)(iv)(A) ............................
Report washing allowance on Form MMS–4430 for
depreciation—use either straight-line, or a unit of
production method.
1
1
1
206.259(c)(1), (c)(2) ...........................
Submit arm’s-length and non-arm’s-length washing
contracts and related documents to MMS.
206.262(a)(1) ......................................
Report transportation allowance on Form MMS–4430
206.262(a)(1), (a)(3) ...........................
Demonstrate that your contract is arm’s-length. Provide written information justifying your transportation costs when MMS determines the costs unreasonable.
206.262(b)(1) ......................................
Report actual transportation allowance on Form
MMS–4430 for non-arm’s-length or no contract
sales.
Report transportation allowance on Form MMS–4430
after lessee elects either method for a transportation system.
.75
24
18
1
1
1
206.262(b)(2)(iv)(A) ............................
Report transportation allowance on Form MMS–4430
for depreciation—use either straight-line, or a unit
of production method.
1
1
1
206.262(b)(3) ......................................
Apply to MMS for exception from the requirement of
computing actual costs.
1
1
1
206.262(c)(1), (c)(2), (e) .....................
Submit all arm’s-length transportation contracts, production agreements, operating agreements, and
related documents to MMS.
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206.262(b)(2)(iv) .................................
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816
340
AUDIT PROCESS. See Note.
AUDIT PROCESS. See Note.
.33
240
80
AUDIT PROCESS. See Note.
AUDIT PROCESS. See Note.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average No.
annual
responses
Hour burden
Annual burden
hours
Citation 30 CFR
Reporting and recordkeeping requirement
206.264 ...............................................
Propose the value of coal for royalty purposes to
MMS for an ad valorem Federal coal lease.
1
1
1
206.265 ...............................................
Notify MMS if, prior to use, sale, or other disposition,
you enhanced the value of coal.
1
1
1
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Subpart H—Geothermal Resources
206.301(b) ..........................................
Certify values reported for royalty purposes as bona
fide sales not involving considerations other than
the sale of the mineral, and required to supply
supporting information.
206.352(b)(1)(ii) ..................................
Determine the royalty on produced geothermal resources, used in your power plant for generation
and sale of electricity, for Class I leases, as approved by MMS.
206.353(c)(2)(i)(A), (d)(9), (e)(4) ........
Include a return on capital you invested when the
purchase of real estate for transmission facilities is
necessary. Allowable operating and maintenance
expenses include other directly allocable and attributable operating and maintenance expenses
that you can document.
206.353(g) ..........................................
Request change to other depreciation alternative
method with MMS approval.
1
1
1
206.353(h)(1) ......................................
Use a straight-line depreciation method, but not
below salvage value, for equipment.
1
1
1
206.353(m)(2) .....................................
Amend your prior estimated Form MMS–2014 reports to reflect actual transmission cost deductions, and pay any additional royalties due plus interest.
Hour burden covered under OMB Control
Number 1010–0139.
206.353(n) ..........................................
Submit all arm’s-length transmission contracts, production and operating agreements and related
documents, and other data for calculating the deduction.
AUDIT PROCESS. See Note.
206.354(b)(1)(ii) ..................................
Redetermine your generating cost rate annually and
request MMS approval to use a different deduction
period.
206.354(c)(2)(i)(A), (d)(9), (e)(4) ........
Include a return on capital you invested when the
purchase of real estate for a power plant site is
necessary. Allowable operating and maintenance
expenses include other directly allocable and attributable operating and maintenance expenses
that you can document.
206.354(g) ..........................................
Request change to other depreciation alternative
method with MMS approval.
1
1
1
206.354(h) ..........................................
Use a straight-line depreciation method, but not
below the salvage value, for equipment.
1
1
1
206.354(m)(2) .....................................
Amend your prior estimated Form MMS–2014 reports to reflect actual generating cost deductions
and pay any additional royalties due plus interest.
Hour burden covered under OMB Control
Number 1010–0139.
206.354(n) ..........................................
Submit all arm’s-length power plant contracts, production and operating agreements and related
documents, and other data for calculating the deduction.
AUDIT PROCESS. See Note.
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AUDIT PROCESS. See Note.
1
1
1
AUDIT PROCESS. See Note.
1
1
1
AUDIT PROCESS. See Note.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average No.
annual
responses
Reporting and recordkeeping requirement
206.356(a)(1) ......................................
Determine the royalty on produced significant geothermal resource quantities, for Class I leases,
with the weighted average of the arm’s-length
gross proceeds used to operate the same directuse facility.
1
1
1
206.356(a)(2) ......................................
For Class I leases, the efficiency factor of the alternative energy source will be 0.7 for coal and 0.8
for oil, natural gas, and other fuels derived from oil
and natural gas, or an efficiency factor proposed
by the lessee and approved MMS.
48
2
96
206.356(a)(3) ......................................
For Class I leases, a royalty determined by any
other reasonable method approved by MMS.
1
1
1
206.356(b)(3) ......................................
Provide MMS data showing the geothermal production amount, in pounds or gallons of geothermal
fluid, to input into the fee schedule for Class III
leases.
1
1
1
206.356(c) ..........................................
The MMS will determine fees on a case-by-case
basis for geothermal resources other than hot
water.
1
1
1
206.357(b)(3) ......................................
Determine the royalty due on byproducts by any
other reasonable valuation method approved by
MMS.
1
1
1
206.358(d) ..........................................
Use a discrete field on Form MMS–2014 to notify
MMS of a transportation allowance.
Hour burden covered under OMB Control
Number 1010–0139.
206.358(d)(2) ......................................
Submit arm’s-length transportation contracts for reviews and audits, if MMS require.
AUDIT PROCESS. See Note.
206.358(e) ..........................................
Pay any additional royalties due plus interest, if you
have improperly determined a byproduct transportation allowance.
AUDIT PROCESS. See Note.
206.359(a)(1),
(d)(9), (e)(4).
(c)(2)(i)(A),
Provide written information justifying your transportation costs if MMS require you to determine the
byproduct transportation allowance. Include a return on capital if the purchase was necessary. Allowable operating and maintenance expenses include any other directly allocable and attributable
operating and maintenance expenses that you can
document.
AUDIT PROCESS. See Note.
206.359(g) ..........................................
The lessee may not later elect to change to the
other alternative without MMS approval to compute costs associated with capital investment.
1
1
1
206.359(h)(1) ......................................
You must use a straight-line depreciation method
based on the life of either equipment, or geothermal project.
1
1
1
206.359(l)(2) .......................................
You must amend your prior Form MMS–2014 reports to reflect actual byproduct transportation cost
deductions and pay any additional royalties due
plus interest.
Hour burden covered under OMB Control
Number 1010–0139.
206.360(a)(1), (a)(2), (b) ....................
Retain all data relevant to the royalty value, or fee
you paid. Show how you calculated, then submit
all data to MMS upon request.
AUDIT PROCESS. See Note.
206.361(a)(1) ......................................
The MMS may review and audit your data and will
direct you to use a different measure, if royalty
value, gross proceeds, or fee is inconsistent with
subpart.
AUDIT PROCESS. See Note.
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Hour burden
Annual burden
hours
Citation 30 CFR
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average No.
annual
responses
Hour burden
Annual burden
hours
Citation 30 CFR
Reporting and recordkeeping requirement
206.361(a)(2) ......................................
Pay either royalties or fees due plus interest if MMS
directs you to use a different royalty value, measure of gross proceeds, or fee.
Hour burden covered under OMB Control
Number 1010–0139.
206.361(b), (c), (d) .............................
The MMS may require you to: Increase the gross
proceeds to reflect any additional consideration;
use another valuation method; provide written information justifying your gross proceeds; demonstrate that your contract is arm’s length; and
certify that the provisions in your sales contract include all of the consideration the buyer paid you.
AUDIT PROCESS. See Note.
206.361(f)(2) .......................................
Write and sign contract revisions or amendments by
all parties to the contract.
1
1
1
206.364(a)(1) ......................................
Request a value determination from MMS in writing
3
20
60
206.364(c)(2) ......................................
Make any adjustments in royalty payments, if you
owe additional royalties, and pay the royalties
owed plus interest after the Assistant Secretary
issues a determination.
Hour burden covered under OMB Control
Number 1010–0139.
206.364(d)(2) ......................................
You may appeal an order requiring you to pay royalty under the determination.
Hour burden covered under OMB Control
Number 1010–0122.
206.366 ...............................................
State, tribal, or local government lessee must pay a
nominal fee, if uses a geothermal resource.
Hour burden covered under OMB Control
Number 1010–0139.
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Subpart J—Indian Coal
206.456(b)(1), (b)(3), (b)(4) ................
Demonstrate that your contract is arm’s-length. Provide written information justifying the reported coal
value. And certify that your arm’s-length contract
provisions include all direct or indirect consideration paid by buyer for the coal production.
206.456(d)(1); 206.452 (c); 206.453 ..
Retain all data relevant to the determination of royalty value to which individual Indian lease coal
should be allocated. Report coal quantity information on Form MMS–4430, Solid Minerals Production and Royalty Report, as required under 30
CFR part 210.
206.456(d)(2) ......................................
An Indian lessee will make available arm’s-length
sales and sales quantity data for like-quality coal
sold, purchased, or otherwise obtained from the
area when requested by an authorized MMS or Indian representative, or the Inspector General of
the Department of the Interior or other persons authorized to receive such information.
206.456(d)(3) ......................................
Notify MMS by letter identifying the valuation method
used and procedure followed.
1
1
1
206.456(f) ...........................................
Propose a value determination method to MMS; submit all available data relevant to method; and use
that method until MMS decides.
1
1
1
206.456(i) ...........................................
Write and sign contract revisions or amendments by
all parties to an arm’s-length contract.
1
1
1
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average No.
annual
responses
Reporting and recordkeeping requirement
206.458(a)(1),
(b)(1),
(c)(1)(i),
(c)(1)(iii), (c)(2)(i), (c)(2)(iii).
Deduct the reasonable actual coal washing allowance costs incurred under an arm’s-length contract, and allowance based upon their reasonable
actual costs under a non-arm’s-length or no contract, after submitting a completed page one of
Form MMS–4292, Coal Washing Allowance Report, containing the actual costs for the previous
reporting period, within 3 months after the end of
the calendar year after the initial and for succeeding reporting periods, and report deduction on
Form MMS–4430 for an arm’s-length, or a nonarm’s-length, or no contract.
206.458(a)(3) ......................................
Provide written information justifying your washing
costs when MMS determines your washing value
unreasonable.
206.458(b)(2)(iv) .................................
The lessee may not later elect to change to the
other alternative without MMS approval.
1
1
1
206.458(b)(2)(iv)(A) ............................
Elect either a straight-line depreciation method
based on the life of equipment or reserves, or a
unit of production method.
1
1
1
206.458(c)(1)(iv), (c)(2)(vi) .................
Submit arm’s-length washing contracts and all related data used on Form MMS–4292.
206.461(a)(1),
(b)(1),
(c)(1)(i),
(c)(1)(iii), (c)(2)(i), (c)(2)(iii).
Submit a completed page one of Form MMS–4293,
Coal Transportation Allowance Report, of reasonable, actual transportation allowance costs incurred by the lessee for transporting the coal
under an arm’s-length contract, in which you may
claim a transportation allowance retroactively for a
period of not more than 3 months prior to the first
day of the month that you filed the form with
MMS, unless MMS approves a longer period upon
a showing of good cause by the lessee. Submit
also a completed Form MMS–4293 based upon
the lessee’s reasonable actual costs under a nonarm’s-length or no contract. (Emphasis added.).
206.461(a)(3) ......................................
Provide written information justifying your transportation costs when MMS determines your transportation value unreasonable.
206.461(b)(2)(iv) .................................
Submit completed Form MMS–4293 after a lessee
has elected to use either method for a transportation system.
1
1
1
206.461(b)(2)(iv)(A) ............................
Submit completed Form MMS–4293 to compute depreciation for election to use either a straight-line
depreciation, or unit-of-production method.
1
1
1
206.461(b)(3) ......................................
Submit completed Form MMS–4293 for exception
from the requirement of computing actual costs.
1
1
1
206.461(c)(1)(iv), (c)(2)(vi) .................
Submit arm’s-length transportation contracts, production and operating agreements, and related documents used on Form MMS–4293.
206.463 ...............................................
Propose the value of coal for royalty purposes to
MMS for an ad valorem Federal coal lease.
1
1
1
206.464 ...............................................
Notify MMS if, prior to use, sale, or other disposition,
you enhance the value of coal.
1
1
1
VerDate Nov<24>2008
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Hour burden
Annual burden
hours
Citation 30 CFR
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2
1
2
AUDIT PROCESS. See Note.
AUDIT PROCESS. See Note.
2
1
2
AUDIT PROCESS. See Note.
AUDIT PROCESS. See Note.
12APN1
18543
Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
Reporting and recordkeeping requirement
Average No.
annual
responses
Hour burden
Annual burden
hours
Part 210—Forms and Reports
Subpart E—Solid Minerals, General
210.201(a)(1); 206.259(c)(1)(i), (c)(2),
(e)(2);
206.262(c)(1),
(c)(2)(i),
(e)(2);
206.458(c)(4),
(e)(2);
206.461(c)(4), (e)(2).
Submit a completed Form MMS–4430. Report washing and transportation allowances as a separate
line on Form MMS–4430 for arm’s-length, nonarm’s-length, or no contract sales, unless MMS
approves a different reporting procedure. Submit
also a corrected Form MMS–4430 to reflect actual
costs, together with any payment, in accordance
with instructions provided by MMS.
.75
1,668
1,251
210.202(a)(1), (c)(1) ...........................
Submit sales summaries via electronic mail where
possible for all coal and other solid minerals produced from Federal and Indian leases and for any
remote storage site.
.50
1,140
570
210.203(a) ..........................................
Submit sales contracts, agreements, and contract
amendments for sale of all coal and other solid
minerals produced from Federal and Indian leases
with ad valorem royalty terms.
1
30
30
210.204(a)(1) ......................................
Submit facility data if you operate a wash plant, refining, ore concentration, or other processing facility for any coal, sodium, potassium, metals, or
other solid minerals produced from Federal or Indian leases with ad valorem royalty terms.
.25
360
90
210.205(a), (b) ....................................
Submit detailed statements, documents, or other evidence necessary to verify compliance, as requested.
AUDIT PROCESS. See Note.
Subpart H—Geothermal Resources
210.351 ...............................................
Maintain geothermal records on microfilm, microfiche, or other recorded media.
210.352 ...............................................
Submit additional geothermal information on special
forms or reports.
210.353 ...............................................
Submit completed Form MMS–2014 monthly once
sales or utilization of geothermal production occur.
Hour burden covered under OMB Control
Number 1010–0139.
1
1
1
Hour burden covered under OMB Control
Number 1010–0139.
Part 212—Records and Forms Maintenance
Subpart E—Solid Minerals—General
212.200(a) ..........................................
Maintain all records pertaining to Federal and Indian
solid minerals leases for 6 years after records are
generated unless the record holder is notified, in
writing.
.25
4,064
1,016
sroberts on DSKD5P82C1PROD with NOTICES
Subpart H—Geothermal Resources
212.351(a) ..........................................
Retain accurate and complete records for payments
of royalties, rentals, and other amounts due of
Federal geothermal leases.
Hour burden covered under OMB Control Numbers 1010–0139 (for Forms MMS–2014 and
MMS–4054).
212.351(b) ..........................................
Maintain all records pertaining to Federal geothermal
leases by a lessee, operator, revenue payor, or
other person for 6 years.
Hour burden covered under OMB Control Numbers 1010–0139 (for Forms MMS–2014 and
MMS–4054).
Part 217—Audits and Inspections
Subpart E—Coal
217.200 ...............................................
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17:58 Apr 09, 2010
Furnish, free of charge, duplicate copies of audit reports that express opinions on such compliance
with Federal lease terms.
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AUDIT PROCESS. See Note.
12APN1
18544
Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
Reporting and recordkeeping requirement
Average No.
annual
responses
Hour burden
Annual burden
hours
Subpart F—Other Solid Minerals
217.250 ...............................................
Furnish, free of charge, duplicate copies of annual or
other audits of your books.
AUDIT PROCESS. See Note.
Subpart G—Geothermal Resources
217.300 ...............................................
The Secretary or his/her authorized representative,
will initiate and conduct audits or reviews that relate to compliance with applicable regulations.
AUDIT PROCESS. See Note.
Part 218—Collection of Royalties, Rentals, Bonuses, and Other Monies
Due the Federal Government and Credits and Incentives Due Lessees
Subpart B—Oil and Gas, General
218.57(a)(2), (b)(3)(i) ..........................
Person (‘‘informant’’) should submit any information
he or she believes would be valuable to MMS in
writing, in the form of a letter and notify the MMS
Director that he/she is claiming a reward.
1
1
1
Subpart E—Solid Minerals—General
218.201(b); 206.457(b); 206.460(d) ...
You must tender all payments under § 218.51 except
for Form MMS–4430 payments, include both your
customer identification and your customer document identification numbers on your payment document, and you shall be liable for any additional
royalties, plus interest, if improperly determined a
washing or transportation allowance.
.0055
1,368
8
218.203(a), (b) ....................................
Recoup an overpayment on Indian mineral leases
through a recoupment on Form MMS–4430
against the current month’s royalties and submit
the tribe’s written permission to MMS.
1
1
1
Subpart F—Geothermal Resources
218.300 ...............................................
Submit all rental and deferred bonus payments when
due and pay in value all royalties due determined
by MMS.
Hour burden covered under OMB Control
Number 1010–0139.
218.301 ...............................................
The payor shall tender all payments ..........................
Hour burden covered under OMB Control
Number 1010–0139.
218.304 ...............................................
Pay the direct use fees in addition to the annual
rental due.
Hour burden covered under OMB Control
Number 1010–0139.
218.305(a) ..........................................
Pay
advanced
royalties,
under
43
CFR
3212.15(a)(1) to retain your lease, that equal to
the average monthly royalty you paid under 30
CFR part 206, subpart H.
Hour burden covered under OMB Control
Number 1010–0139.
218.306(a)(2) ......................................
You may receive a credit against royalties if MMS
approves in advance your contract.
218.306(b) ..........................................
Pay in money any royalty amount that is not offset
by the credit allowed under this section.
4
1
4
Hour burden covered under OMB Control
Number 1010–0139.
Total Burden .....................................................................................................................................................
9,880
3,670
sroberts on DSKD5P82C1PROD with NOTICES
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 ‘‘non-hour cost’’
burden associated with the collection of
information.
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17:58 Apr 09, 2010
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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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12APN1
sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Notices
* * * 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
VerDate Nov<24>2008
17:58 Apr 09, 2010
Jkt 220001
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.
Dated April 2, 2010.
Gregory J. Gould,
Associate Director for Minerals Revenue
Management.
[FR Doc. 2010–8196 Filed 4–9–10; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2010–OMM–0018]
MMS Information Collection Activity:
1010–0067, Oil and Gas WellCompletion Operations, Extension of a
Collection; Comment Request
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Notice of extension of an
information collection (1010–0067).
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 250,
Subpart E, ‘‘Oil and Gas WellCompletion Operations.’’
DATES: Submit written comments by
June 11, 2010.
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. In the entry titled
‘‘Enter Keyword or ID,’’ enter docket ID
MMS–2010–OMM–0018 then click
search. Follow the instructions to
submit public comments and view
supporting and related materials
available for this collection. 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;
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18545
Herndon, Virginia 20170–4817. Please
reference ICR 1010–0067 in your
comment and include your name and
return address.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR part 250, subpart E, Oil
and Gas Well-Completion Operations.
OMB Control Number: 1010–0067.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, 43 U.S.C. 1331 et seq.,
and 43 U.S.C. 1801 et seq. requires the
Secretary of the Interior to preserve,
protect, and develop oil and gas
resources in the OCS in a manner that
is consistent with the need to make such
resources available to meet the Nation’s
energy needs as rapidly as possible;
balance orderly energy resources
development with protection of the
human, marine, and coastal
environment; ensure the public a fair
and equitable return on OCS resources;
and preserve and maintain free
enterprise competition. Section 1332(6)
of the OCS Lands Act (43 U.S.C. 1332)
requires that ‘‘operations in the [O]uter
Continental Shelf should be conducted
in a safe manner by well-trained
personnel using technology,
precautions, and techniques sufficient
to prevent or minimize the likelihood of
blowouts, loss of well control, fires,
spillages, physical obstruction to other
users of the waters or subsoil and
seabed, or other occurrences which may
cause damage to the environment or to
property, or endanger life or health.’’
This authority and responsibility are
among those delegated to the Minerals
Management Service (MMS). To carry
out these responsibilities, MMS issues
regulations governing oil and gas and
sulphur operations in the OCS. This ICR
addresses 30 CFR part 250, subpart E,
Oil and Gas Well-Completion
Operations and the associated
supplementary Notices to Lessees and
Operators (NTL) intended to provide
clarification, description, or explanation
of these regulations.
Regulations at 30 CFR part 250
implement these statutory requirements.
The MMS District Managers analyze and
evaluate the information and data
collected under Subpart E to ensure that
planned well-completion operations
will protect personnel safety and natural
resources. They use the analysis and
evaluation results in the decision to
approve, disapprove, or require
modification to the proposed wellcompletion operations. Specifically,
MMS uses the information to ensure: (a)
Compliance with personnel safety
training requirements; (b) crown block
safety device is operating and can be
expected to function to avoid accidents;
(c) proposed operation of the annular
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12APN1
| File Type | application/pdf |
| File Title | Document |
| Subject | Extracted Pages |
| Author | U.S. Government Printing Office |
| File Modified | 2010-04-12 |
| File Created | 2010-04-12 |