1014-0005 60-day published FR Notice

30310

Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices

Dated: May 16, 2012.
Mary Josie Blanchard,
Deputy Director, Office of Environmental
Policy and Compliance.

SUPPLEMENTARY INFORMATION:

[FR Doc. 2012–12413 Filed 5–21–12; 8:45 am]
BILLING CODE 4310–79–P

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
[Docket ID BSEE–2012–0009; OMB Control
Number 1014–0005]

Information Collection Activities: Relief
or Reduction in Royalty Rates;
Proposed Collection; Comment
Request
ACTION:

60-day Notice.

To comply with the
Paperwork Reduction Act of 1995
(PRA), BSEE 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 a renewal to the paperwork
requirements in the regulations under
30 CFR 203, Relief or Reduction in
Royalty Rates.
DATES: You must submit comments by
July 23, 2012.
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 BSEE–
2012–0009 then click search. Follow the
instructions to submit public comments
and view all related materials. We will
post all comments.
• Email [email protected]. Mail
or hand-carry comments to the
Department of the Interior; Bureau of
Safety and Environmental Enforcement;
Regulations Development Branch;
Attention: Nicole Mason; 381 Elden
Street, HE–3313; Herndon, Virginia
20170–4817. Please reference ICR 1014–
0005 in your comment and include your
name and return address.
FOR FURTHER INFORMATION CONTACT:
Nicole Mason, Regulations Development
Branch at (703) 787–1605 to request
additional information about this ICR.

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SUMMARY:

Title: 30 CFR part 203, Relief or
Reduction in Royalty Rates.
OMB Control Number: 1014–0005.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, as amended by Public
Law 104–58, Deep Water Royalty Relief
Act (DWRRA), gives the Secretary of the
Interior (Secretary) the authority to
reduce or eliminate royalty or any net
profit share specified in OCS oil and gas
leases to promote increased production.
The DWRRA also authorized the
Secretary to suspend royalties when
necessary to promote development or
recovery of marginal resources on
producing or non-producing leases in
the Gulf of Mexico (GOM) west of 87
degrees, 30 minutes West longitude.
Section 302 of the DWRRA provides
that new production from a lease in
existence on November 28, 1995, in a
water depth of at least 200 meters, and
in the GOM west of 87 degrees, 30
minutes West longitude qualifies for
royalty suspension in certain situations.
To grant a royalty suspension, the
Secretary must determine that the new
production or development would not
be economic in the absence of royalty
relief. The Secretary must then
determine the volume of production on
which no royalty would be due in order
to make the new production from the
lease economically viable. This
determination is be done on a case-bycase basis. Production from leases in the
same water depth and area issued after
November 28, 2000, also can qualify for
royalty suspension in addition to any
that may be included in their lease
terms.
In addition, the Independent Offices
Appropriations Act (31 U.S.C. 9701), the
Omnibus Appropriations Bill (Pub. L.
104–133, 110 Stat. 1321, April 26,
1996), and OMB Circular A–25,
authorize Federal agencies to recover
the full cost of services that confer
special benefits. Under the Department
of the Interior’s (DOI) implementing
policy, BSEE is required to charge fees
for services that provide special benefits
or privileges to an identifiable nonFederal recipient above and beyond
those which accrue to the public at
large.
Regulations at 30 CFR part 203
implement these statutes and policy and

require respondents to pay a fee to
request royalty relief. Section 30 CFR
203.3 states that, ‘‘We will specify the
necessary fees for each of the types of
royalty-relief applications and possible
BSEE audits in a Notice to Lessees. We
will periodically update the fees to
reflect changes in costs as well as
provide other information necessary to
administer royalty relief.’’
BSEE uses the information to make
decisions on the economic viability of
leases requesting a suspension or
elimination of royalty or net profit
share. These decisions have enormous
monetary impacts to both the lessee and
the Federal Government. Royalty relief
can lead to increased production of
natural gas and oil, creating profits for
lessees and royalty and tax revenues for
the government that they might not
otherwise receive. We could not make
an informed decision without the
collection of information required by 30
CFR part 203.
We will protect information from
respondents considered proprietary
under the Freedom of Information Act
(5 U.S.C. 552) and its implementing
regulations (43 CFR 2) and under
regulations at 30 CFR 203.63, Does my
application have to include all leases in
the field, and 30 CFR 250.197, Data and
information to be made available to the
public or for limited inspection. No
items of a sensitive nature are collected.
Responses are mandatory or are
required to obtain or retain a benefit.
Frequency: On occasion.
Description of Respondents: Potential
respondents comprise Federal oil, gas,
or sulphur lessees and/or operators.
Estimated Reporting and
Recordkeeping Hour Burden: The
currently approved annual reporting
burden for this collection is 2,635 hours.
The following table details the
individual components and respective
hour burden estimates of this ICR. In
calculating the burdens, we assumed
that respondents perform certain
requirements in the normal course of
their activities. We consider these to be
usual and customary and took that into
account in estimating the burden.
Hour burden

Citation 30 CFR 203 and related
NTL(s)

Reporting or recordkeeping requirement

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

These sections contain general references to submitting reports, applications, requests, copies, demonstrating qualifications, for BSEE approval
burdens covered under specific requirements.

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Application fees

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Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices

Hour burden

Citation 30 CFR 203 and related
NTL(s)

Reporting or recordkeeping requirement
Application fees

Royalty Relief for Ultra-Deep Gas Wells and Deep Gas Wells on Shallow Water Leases
31(c) ......................................................
35(d); 44(e) ...........................................
41(d) ......................................................
35(a); 44(a); 47(a) .................................
35(c), (d); 44(b), (d), (e) ........................
46 ..........................................................
49(b) ......................................................

Request a refund of or recoup royalties from qualified ultra-deep wells.. ......
Request to extend the deadline for beginning production with required supporting documentation.
Request a refund of or recoup royalties from qualified wells >200 meters
but <400 meters.
Notify BSEE of intent to begin drilling .............................................................
Notify BSEE that production has begun, request confirmation of the size of
RSV, provide supporting documentation.
Provide data from well to confirm and attest well drilled was an unsuccessful certified well with supporting documentation and request supplement.
Notify BSEE or decision to exercise option to replace one set of deep gas
royalty suspension terms for another set of such terms.
Note: BSEE SOL requires that this reg text stay for legacy purposes only.
Last time any respondent could use was 2004; hence, no burden.

1
4
1
1
2
8
0

End of Life and Special Royalty Relief*
51; 83; 84 ..............................................
NTL .......................................................

Application—leases that generate earnings that cannot sustain continued
production (end-of-life lease); required supporting documentation.

52 ..........................................................
55 ..........................................................

Demonstrate ability to qualify for royalty relief or to re-qualify .......................
Renounce relief arrangement (end-of-life) (seldom, if ever will be used;
minimal burden to prepare letter).
Application—apart from formal programs for royalty relief for marginal producing lease (Special Case Relief); required supporting documentation.

80 NTL ..................................................
80 NTL ..................................................

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

100
Application = $8,000
Audit = $12,500
1
1
250
Application = $8,000**
Audit = $12,500
1,000
Application = $19,500**
Audit = $18,750

CPA Report
81; 83–90 ..............................................

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

Burden included with applications.
1 CPA report × $45,000

Deep Water Royalty Relief Act (DWRAA)
61; 62; 64; 65; 71; 83; 85–89; NTL ......
62; 64; 65; 71; 83; 85–89 .....................
62; 64; 65; 71; 81; 83; 85–89; NTL ......
70; 81; 90; 91 ........................................
70; 81; 90; 92; NTL ...............................
74; 75; NTL ...........................................
77 ..........................................................
79(a) ......................................................
79(c) ......................................................
83; NTL .................................................

srobinson on DSK4SPTVN1PROD with NOTICES

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

Application—preview assessment (seldom if ever will be used as applicants
generally opt for binding determination by BSEE instead) and required
supporting documentation.
Application—leases in designated areas of GOM deep water acquired in
lease sale before 11/28/95 or after 11/28/00 and are producing (deep
water expansion project); required supporting documentation.
Application—leases in designated areas of deep water GOM, acquired in
lease sale before 11/28/95 or after 11/28/00 that have not produced (preact or post-2000 deep water leases); required supporting documentation.
Submit fabricator’s confirmation report; extension justification .......................
Submit post-production development report; extension justification. # Reserve right to audit (1 audit every 6 years) after production starts to confirm cost estimates of the application.
Redetermination and required supporting documentation ..............................
Renounce relief arrangement (deep water) (seldom, if ever will be used;
minimal burden to prepare letter).
Request reconsideration of BSEE field designation .......................................
This was a regulatory requirement for leases issued prior to 1995.
Request extension of deadline to start construction .......................................
Application—short form to add or assign pre-Act lease and required supporting documentation.
Retain supporting cost records for post-production development/fabrication
reports (records retained as usual/customary business practice; minimal
burden to make available at BSEE request).

900
Application = $28,500
2,000
Application = $19,500
2,000
Application = $34,000*
Audit = $12,500
20
50
Audit = $18,750
500
Application = $16,000*
1
0
2
40
Application = $1,000
8

* CPA certification expense burden also imposed on applicant.
** These applications currently do not have a set fee since they are done on a case-by-case basis.
Note: Applications include numerous items such as: transmittal letters, letters of request, modifications to applications, reapplications, etc.

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Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices

Estimated Reporting and
Recordkeeping Non-Hour Cost Burden:
There are non-hour costs associated
with this information collection. The
currently approved non-hour cost
burden is $122,024. This estimate is
based on:
(a) Applications and audit fees. The
total annual estimated cost burden for
these fees is $77,024 (refer to the table).
(b) The cost of report(s) prepared by
independent certified public
accountants. Under § 203.81, a report
prepared by an independent certified
public accountant must accompany the
application and post-production report
(expansion project, short form, and
preview assessment applications are
excluded). The OCS Lands Act
applications will require this report
only once; the DWRRA applications will
require this report at two stages—with
the application and post-production
development report for successful
applicants. We estimate approximately
one report submitted at an average cost
of $45,000 per report. We have not
identified any other non-hour cost
burdens for this collection.
Comments: Before submitting an ICR
to OMB, PRA section 3506(c)(2)(A)
requires each agency ‘‘* * * to provide
notice * * * and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information * * *’’.
Agencies must specifically solicit
comments to: (a) Evaluate whether the
collection is necessary or useful; (b)
evaluate the accuracy 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
technology.
Agencies must also estimate the nonhour paperwork cost burdens to
respondents or recordkeepers resulting
from the collection of information.
Therefore, if you have other than hour
burden 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. For further
information on this burden, refer to 5
CFR 1320.3(b)(1) and (2), or contact the
Bureau representative listed previously
in this notice.
We will summarize written responses
to this notice and address them in our
submission for OMB approval. As a
result of your comments, we will make
any necessary adjustments to the burden
in our submission to OMB.
Public Comment Procedures: Before
including your address, phone number,

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email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment–including your
personal identifying information–may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Acting BSEE Information Collection
Clearance Officer: Cheryl Blundon (703)
787–1607.
Dated: May 15, 2012.
Robert W. Middleton,
Acting Chief, Office of Offshore Regulatory
Programs.
[FR Doc. 2012–12304 Filed 5–21–12; 8:45 am]
BILLING CODE 4310–VH–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Montezuma National Wildlife Refuge,
Cayuga, Seneca, and Wayne Counties,
NY; Draft Comprehensive
Conservation Plan and Environmental
Assessment
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:

We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of a draft comprehensive
conservation plan and environmental
assessment (draft CCP/EA) for
Montezuma National Wildlife Refuge
(NWR), located in Cayuga, Seneca, and
Wayne Counties, New York, for public
review and comment. The draft CCP/EA
describes our proposal for managing the
refuge for the next 15 years. Also
available for public review and
comment are: (1) The draft findings of
appropriateness and draft compatibility
determinations for uses to be allowed
upon initial completion of the plan if
Service-preferred alternative B is
selected, (2) the EA for the refuge’s hunt
program, and (3) the EA for the refuge’s
fire program. These are included as
appendix B, appendix E, and appendix
H, respectively, in the draft CCP/EA.
DATES: To ensure consideration, please
send your written comments no later
than June 21, 2012. We will announce
upcoming public meetings in local news
media, via our project mailing list, and
on our regional planning Web site:
http://www.fws.gov/northeast/planning/
Montezuma/ccphome.html.

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Tom
Jasikoff, Refuge Manager, 315–568–5987
(phone), or Lia McLaughlin, Planning
Team Leader, 413–253–8575 (phone);
[email protected] (email).
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

[FWS–R5–R–2012–N062; BAC–4311–K9–S3]

SUMMARY:

You may submit comments
or requests for copies or more
information by any of the following
methods. You may request hard copies
or a CD–ROM of the documents.
Email: [email protected].
Please include ‘‘Montezuma NWR Draft
CCP’’ in the subject line of the message.
Fax: Attn: Lia McLaughlin, 413–253–
8468.
U.S. Mail: Lia McLaughlin, Natural
Resource Planner, U.S. Fish and
Wildlife Service, 300 Westgate Center
Drive, Hadley, MA 01035.
In-Person Drop-off, Viewing, or
Pickup: Call 315–568–5987 to make an
appointment (necessary for view/pickup
only) during regular business hours at
3395 Route 5/20 East, Seneca Falls, NY
13148–9778. [For more information on
locations for viewing or obtaining
documents, see ‘‘Public Availability of
Documents’’ under SUPPLEMENTARY
INFORMATION.]
ADDRESSES:

Introduction
With this notice, we continue the CCP
process for Montezuma NWR. We
started this process through a notice in
the Federal Register (75 FR 25286; May
7, 2010).
Montezuma NWR was established in
1938 to provide nesting, feeding, and
resting habitat for waterfowl and other
migratory birds. Situated in Seneca,
Wayne, and Cayuga Counties, the refuge
currently encompasses 9,184 acres.
Refuge habitats include emergent
marshes and shallow water mudflats,
open water, bottomland floodplain
forest, old fields and shrublands,
croplands, grassland, and successional
forest. The refuge is part of the
Montezuma Wetlands Complex, an area
identified by the Service, the New York
State Department of Environmental
Conservation (NYSDEC), and other
partners for its role in the conservation
of migratory birds, particularly
waterfowl. The refuge’s public use
program provides wildlife-oriented
educational and recreational
opportunities compatible with refuge
management objectives. Public use
facilities and programs include several
trails, a visitor center, observation
towers and platforms, fishing access
sites, hunting programs, trapping
program, educational programs and
materials, guided tours, and other
special programs.

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