Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request, 8614-8617 [05-3239]
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Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Notices
Vegas, Clark County, Nevada has been
examined and found suitable for lease/
conveyance for recreational or public
purposes under the provisions of the
Recreation and Public Purposes Act, as
amended (43 U.S.C. 869 et seq.).
N–78101—The City of Las Vegas
proposes to use the land for a public
park.
Mount Diablo Meridian
T. 19S., R. 60E., Sec. 7
Government Lot 5 (E1⁄2E1⁄2).
Consist of 10 acres.
The land is not required for any
federal purpose. Lease/conveyance is
consistent with current Bureau planning
for this area and would be in the public
interest. The lease/ conveyance, when
issued, will be subject to the provisions
of the Recreation and Public Purposes
Act and applicable regulations of the
Secretary of the Interior, and will
contain the following reservations to the
United States:
1. A right-of-way thereon for ditches
or canals constructed by the authority of
the United States, Act of August 30,
1890 (43 U.S.C. 945).
2. All minerals shall be reserved to
the United States, together with the
right to prospect for, mine and remove
such deposits from the same under
applicable law and such regulations as
the Secretary of the Interior may
prescribe.
And will be subject to:
1. All valid and existing rights.
2. Those rights for public utility
purposes which have been granted to
the Las Vegas Valley Water District by
permit No. N–62751 under Title V of the
Federal Land Policy and Management
Act of October 21, 1976 (FLPMA).
3. Those rights for public utility
purposes which have been granted to
the Las Vegas Valley Water District by
permit No. N–76984 under Title V of the
Federal Land Policy and Management
Act of October 21, 1976 (FLPMA).
4. Those rights for roadway, sewer
and drainage purposes which have been
granted to the City of Las Vegas by
permit No. N–76109, under Title V of
the Federal Land Policy and
Management Act of October 21, 1976
(FLPMA).
5. Those rights for public utility
purposes which have been granted to
Nevada Power Company by permit No.
N–75702, under Title V of the Federal
Land Policy and Management Act of
October 21, 1976 (FLPMA).
6. Those rights for public utility
purposes which have been granted to
Southwest Gas Company by permit No.
N–76691, under Section 28 of the
Mineral Leasing Act of 1920, as
amended (30 U.S.C. 185).
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7. Those rights for public utility
purposes which have been granted to
Southwest Gas Company by permit No.
N–76705, under Section 28 of the
Mineral Leasing Act of 1920, as
amended (30 U.S.C. 185).
8. Those rights for public utility
purposes which have been granted to
Central Telephone Company by permit
No. N–76618, under Title V of the
Federal Land Policy and Management
Act of October 21, 1976 (FLPMA).
Detailed information concerning this
action is available for review at the
office of the Bureau of Land
Management, Las Vegas Field Office at
the address listed above.
On February 22, 2005, the above
described land will be segregated from
all other forms of appropriation under
the public land laws, including the
general mining laws, except for lease/
conveyance under the Recreation and
Public Purposes Act, leasing under the
mineral leasing laws and disposals
under the mineral material disposal
laws.
Classification Comments: Interested
parties may submit comments involving
the suitability of the land for a public
park. Comments on the classification are
restricted to whether the land is
physically suited for the proposal,
whether the use will maximize the
future use or uses of the land, whether
the use is consistent with local planning
and zoning, or if the use is consistent
with State and Federal programs.
Application Comments: Interested
parties may submit comments regarding
the specific use proposed in the
application and plan of development,
whether the BLM followed proper
administrative procedures in reaching
the decision, or any other factor not
directly related to the suitability of the
land for a public park facility. Any
adverse comments will be reviewed by
the State Director who may sustain,
vacate, or modify this realty action. In
the absence of any adverse comments,
these realty actions will become the
final determination of the Department of
the Interior. The classification of the
land described in this Notice will
become effective on date 60 days from
the date of publication of this notice in
the Federal Register. The lands will not
be offered for lease/conveyance until
after the classification becomes
effective.
Dated: October 18, 2004.
Sharon DiPinto,
Assistant Field Manager, Division of Lands,
Las Vegas, NV.
[FR Doc. 05–3296 Filed 2–18–05; 8:45 am]
BILLING CODE 4310–HC–P
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection
Activities: Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of a
currently approved information
collection (OMB Control Number 1010–
0095).
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to OMB an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
30 CFR 206. This notice also provides
the public a second opportunity to
comment on the paperwork burden of
these regulatory requirements. We
changed the title of this ICR to clarify
the regulatory language we are covering
under 30 CFR 206. The previous title of
this ICR was ‘‘Request to Exceed
Regulatory Allowance Limitation.’’ The
new title of this ICR is ‘‘30 CFR 206—
Product Valuation, Subpart B—Indian
Oil, § 206.54; Subpart C—Federal Oil,
§ 206.109; Subpart D—Federal Gas,
§§ 206.156 and 206.158; and Subpart
E—Indian Gas, § 206.177 (Form MMS–
4393, Request to Exceed Regulatory
Allowance Limitation).’’
DATES: Submit written comments on or
before March 24, 2005.
ADDRESSES: Submit written comments
by either FAX (202) 395–6566 or e-mail
(OIRA_Docket@omb.eop.gov) directly to
the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer
for the Department of the Interior (OMB
Control Number 1010–0095). Mail or
hand-carry a copy of your comments to
Sharron L. Gebhardt, Lead Regulatory
Specialist, Minerals Management
Service, Minerals Revenue Management,
P.O. Box 25165, MS 302B2, Denver,
Colorado 80225. If you use an overnight
courier service, our courier address is
Building 85, Room A–614, Denver
Federal Center, Denver, Colorado 80225.
You may also e-mail your comments to
us at mrm.comments@mms.gov. Include
the title of the information collection
and the OMB Control Number in the
‘‘Attention’’ line of your comment. Also
include your name and return address.
Submit electronic comments as an
ASCII file avoiding the use of special
characters and any form of encryption.
If you do not receive a confirmation that
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Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Notices
we have received your e-mail, contact
Ms. Gebhardt at (303) 231–3211.
FOR FURTHER INFORMATION CONTACT:
Sharron L. Gebhardt, telephone (303)
231–3211, FAX (303) 231–3781, e-mail
Sharron.Gebhardt@mms.gov. You may
also contact Sharron Gebhardt to obtain
a copy at no cost of the form and
regulations that require the subject
collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 206—Product Valuation,
Subpart B—Indian Oil, § 206.54;
Subpart C—Federal Oil, § 206.109;
Subpart D—Federal Gas, §§ 206.156 and
206.158; and Subpart E—Indian Gas,
§ 206.177 (Form MMS–4393, Request to
Exceed Regulatory Allowance
Limitation).
OMB Control Number: 1010–0095.
Bureau Form Number: Form MMS–
4393, Request to Exceed Regulatory
Allowance Limitation.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for matters relevant to mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). The Secretary under the Mineral
Leasing Act (30 U.S.C. 1923) and the
Outer Continental Shelf Lands Act (43
U.S.C. 1353) is responsible for managing
the production of minerals from Federal
and Indian lands and the OCS,
collecting royalties from lessees who
produce minerals, and distributing the
funds collected in accordance with
applicable laws.
The Secretary has an Indian 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 Indian trust responsibility.
Applicable citations of the laws
pertaining to mineral leases include 5
U.S.C. 301 et seq.; 25 U.S.C. 396a et seq.
and 2101 et seq.; 30 U.S.C. 185, 351 et
seq., 1001 et seq., and 1701 et seq.; 31
U.S.C. 9701; and 43 U.S.C. 1301 et seq.,
1331 et seq., and 1801 et seq.
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.
Such information is similar to data
reported to private and public mineral
interest owners and is generally
available within the records of the
lessee or others involved in developing,
transporting, processing, purchasing, or
selling such minerals. The information
collected includes data necessary to
ensure that the royalties are paid
appropriately.
Proprietary information submitted to
MMS under this collection is protected,
and no items of a sensitive nature are
collected. A response is required to
obtain the benefit of exceeding a
regulatory allowance limitation.
Under certain circumstances, lessees
are authorized to claim a transportation
allowance for the reasonable actual
costs of transporting the royalty portion
of produced oil and gas from the lease
to a processing or sales point not in the
immediate lease area. In addition, when
gas is processed for the recovery of gas
plant products, lessees may claim a
processing allowance. Transportation
and processing allowances are a part of
the product valuation process that MMS
uses to determine if the lessee is
reporting and paying the proper royalty
amount.
The regulations establish a limit on
transportation allowance deductions for
oil and gas at 50 percent of the value of
the oil and gas at the point of sale. The
MMS may approve a transportation
allowance in excess of 50 percent upon
proper application from the lessee.
Similarly, the regulations establish a
limit of 662⁄3 percent of the value of
each gas plant product as an allowable
gas processing deduction. The MMS
may also approve a processing
allowance in excess of 662⁄3 percent
upon proper application from the lessee.
To request permission to exceed a
regulatory allowance limit, lessees must
write a letter to MMS explaining why a
higher allowance limit is necessary and
provide supporting documentation. The
MMS developed Form MMS–4393,
Request to Exceed Regulatory
Allowance Limitation, to accompany
the lessee’s letter requesting approval to
exceed the regulatory allowance limit.
This form provides MMS with the data
necessary to make a decision and track
deductions on royalty reports. Data
reported on the form is also subject to
subsequent audit and adjustment.
The MMS is requesting OMB’s
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.
Frequency: Annually.
Estimated Number and Description of
Respondents: 26 lessees.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 121
hours.
Through customer contact and
analysis of historical data, we obtained
more accurate estimates of the number
of respondents and the time required to
provide the information requested, and
we adjusted the burden hours
accordingly. We also included 30 CFR
206.158 (d)(2)(i) and 206.177 (c)(2),
which were not included in the
previous renewal. We do not include 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 section
Burden
hours per
response
Reporting requirement
Annual
number of
responses
Annual burden hours
Subpart B—Indian Oil
§ 206.54 Transportation allowances—general.
206.54(b)(2) ....................................
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Upon request of a lessee, MMS may approve a transportation
allowance deduction in excess of the limitation prescribed by
paragraph (b)(1) of this section. * * * An application for exception (using Form MMS–4393, Request to Exceed Regulatory Allowance Limitation) shall contain all relevant and
supporting documentation necessary for MMS to make a determination. * * *
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Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section
Burden
hours per
response
Reporting requirement
Annual
number of
responses
Annual burden hours
Subpart C—Federal Oil
§ 206.109 When may I take a transportation allowance in determining value?
206.109(c)(2) ..................................
(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 for
MMS to make a determination. * * *
4.25
1
4.25
4.25
2
8.5
Subpart D—Federal Gas
§ 206.156 Transportation allowances—general.
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) shall contain all relevant and supporting documentation necessary for MMS to
make a determination. * * *
Subpart D—Federal Gas
§ 206.158 Processing allowances—general.
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. * * *
4.25
19
80.75
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 which shall be in addition to any other processing allowance. * * *.
9.5
2
19
Subpart E—Indian Gas
§ 206.177 What general requirements regarding transportation allowances apply to me?
206.177(c)(2) and (c)(3) .................
(c)(2)If you ask MMS, MMS may approve a transportation allowance deduction in excess of the limitations in paragraph
(c)(1) of this section. * * *
(c)(3) 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.
4.25
1
4.25
Total Burden ...........................
.....................................................................................................
....................
26
121
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: We have identified no ‘‘nonhour’’ cost burdens.
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
displays a currently valid OMB Control
Number.
Comments: Section 3506(c)(2)(A) of
the PRA requires each agency ‘‘* * * to
provide notice * * * and otherwise
consult with members of the public and
affected agencies concerning each
proposed collection of information
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* * *.’’ 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.
To comply with the public
consultation process, we published a
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notice in the Federal Register on August
18, 2004 (69 FR 51321), announcing that
we would submit this ICR to OMB for
approval. The notice provided the
required 60-day comment period. We
received no comments in response to
the notice.
If you wish to comment in response
to this notice, you may send your
comments to the offices listed under the
ADDRESSES section of this notice. OMB
has up to 60 days to approve or
disapprove the information collection
but may respond after 30 days.
Therefore, to ensure maximum
consideration, OMB should receive
public comments by March 24, 2005.
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Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Notices
Public Comment Policy: We will post
all comments in response to this notice
on our Web site at https://
www.mrm.mms.gov/Laws_R_D/InfoColl/
InfoColCom.htm. We will also make
copies of the comments available for
public review, including names and
addresses of respondents, during regular
business hours at our offices in
Lakewood, Colorado. Upon request, we
will withhold an individual
respondent’s home address from the
public record, as allowable by law.
There also may be circumstances in
which we would withhold from the
rulemaking record a respondent’s
identity, as allowable by law. If you
request that we withhold your name
and/or address, state your request
prominently at the beginning of your
comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: December 9, 2004.
Janice Bigelow,
Acting Associate Director for Minerals
Revenue Management.
[FR Doc. 05–3239 Filed 2–18–05; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection
Activities: Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of extension of an
information collection (1010–0149).
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to OMB an
information collection request (ICR) to
renew approval of the paperwork
requirements in the rulemaking for
regulations under 30 CFR 250, subparts
J, H, and I, Fixed and Floating Platforms
and Structures. This notice also
provides the public a second
opportunity to comment on the
paperwork burden of these regulatory
requirements.
DATES: Submit written comments by
March 24, 2005.
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You may submit comments
either by fax (202) 395–6566 or e-mail
(OIRA_DOCKET@omb.eop.gov) directly
to the Office of Information and
Regulatory Affairs, OMB, Attention:
Desk Officer for the Department of the
Interior (1010–0149). Mail or hand carry
a copy of your comments to the
Department of the Interior, Minerals
Management Service, Attention: Rules
Processing Team, Mail Stop 4024, 381
Elden Street, Herndon, Virginia 20170–
4817. Interested parties may submit a
copy of their comments online to MMS,
the address is: https://
ocsconnect.mms.gov. From the Public
Connect ‘‘Welcome’’ screen, you will be
able to either search for Information
Collection 1010–0149 or select it from
the ‘‘Projects Open for Comment’’ menu.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Rules Processing
Team, (703) 787–1600. You may also
contact Cheryl Blundon to obtain a
copy, at no cost, of the regulations that
require the subject collection of
information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 250, subparts J, H, and
I, Fixed and Floating Platforms and
Structures.
OMB Control Number: 1010–0149.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, as amended (43 U.S.C.
1331 et seq. and 43 U.S.C. 1801 et seq.),
authorizes the Secretary of the Interior
(Secretary) to prescribe rules and
regulations to administer leasing of the
OCS. Such rules and regulations will
apply to all operations conducted under
a lease. Operations on the OCS must
preserve, protect, and develop oil and
natural gas resources 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; to
balance orderly energy resource
development with protection of human,
marine, and coastal environments; to
ensure the public a fair and equitable
return on the resources of the OCS; and
to preserve and maintain free enterprise
competition.
Section 43 U.S.C. 1356 requires the
issuance of ‘‘* * * regulations which
require that any vessel, rig, platform, or
other vehicle or structure * * * (2)
which is used for activities pursuant to
this subchapter, comply * * * with
such minimum standards of design,
construction, alteration, and repair as
the Secretary * * * establishes * * *.’’
Section 43 U.S.C. 1332(6) also states,
‘‘operations in the [O]uter Continental
Shelf should be conducted in a safe
manner * * * to prevent or minimize
the likelihood of * * * physical
obstruction to other users of the water
ADDRESSES:
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8617
or subsoil and seabed, or other
occurrences which may cause damage to
the environment or to property, or
endanger life or health.’’ These
authorities and responsibilities are
among those delegated to the MMS to
ensure that operations in the OCS will
meet statutory requirements; provide for
safety and protection of the
environment; and result in diligent
exploration, development, and
production of OCS leases.
On December 27, 2001, a Notice of
Proposed Rulemaking (NPR) (66 FR
66851), provided the initial 60-day
review and comment process. This
notice is a renewal of the information
requirements for the rulemaking and for
what we expect to be in our final
rulemaking.
The industry standards incorporated
into our regulations through this
rulemaking:
• Result in a complete rewrite and retitling of our current regulations at 30
CFR part 250, subpart I, Platforms and
Structures. The currently approved
information collection for this subpart
(1010–0058) will be superseded by this
collection when final regulations take
effect.
• Revise regulations at 30 CFR part
250, subpart H, Oil and Gas Production
Safety Systems (1010–0059); and
subpart J, Pipelines and Pipeline Rightsof-Way (1010–0050). When final
regulations take effect, we will add the
new requirements and hour burdens to
the respective information collections
currently approved for these subparts.
• Make changes to definitions,
documents incorporated by reference,
and other minor revisions to regulations
at 30 CFR part 250, subpart A, General
(1010–0114); and subpart B, Exploration
and Development and Production Plans
(1010–0049). However, the proposed
changes do not add any new
information collection requirements,
nor affect those currently approved.
MMS will use the information
collected and records maintained under
subpart I to determine the structural
integrity of all offshore platforms and
floating production facilities and to
ensure that such integrity will be
maintained throughout the useful life of
these structures. The information is
necessary to determine that fixed and
floating platforms and structures are
sound and safe for their intended
purpose and for the safety of personnel
and pollution prevention. MMS will use
the information collected under
subparts H and J to ensure proper
construction of production safety
systems and pipelines.
Although the revised regulations
would specifically cover floating
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]]>Agencies
[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Notices]
[Pages 8614-8617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3239]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection Activities: Submitted for Office of
Management and Budget (OMB) Review; Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of a revision of a currently approved information
collection (OMB Control Number 1010-0095).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are notifying the public that we have submitted to OMB an information
collection request (ICR) to renew approval of the paperwork
requirements in the regulations under 30 CFR 206. This notice also
provides the public a second opportunity to comment on the paperwork
burden of these regulatory requirements. We changed the title of this
ICR to clarify the regulatory language we are covering under 30 CFR
206. The previous title of this ICR was ``Request to Exceed Regulatory
Allowance Limitation.'' The new title of this ICR is ``30 CFR 206--
Product Valuation, Subpart B--Indian Oil, Sec. 206.54; Subpart C--
Federal Oil, Sec. 206.109; Subpart D--Federal Gas, Sec. Sec. 206.156
and 206.158; and Subpart E--Indian Gas, Sec. 206.177 (Form MMS-4393,
Request to Exceed Regulatory Allowance Limitation).''
DATES: Submit written comments on or before March 24, 2005.
ADDRESSES: Submit written comments by either FAX (202) 395-6566 or e-
mail (OIRA--Docket@omb.eop.gov) directly to the Office of Information
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department
of the Interior (OMB Control Number 1010-0095). Mail or hand-carry a
copy of your comments to Sharron L. Gebhardt, Lead Regulatory
Specialist, Minerals Management Service, Minerals Revenue Management,
P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an
overnight courier service, our courier address is Building 85, Room A-
614, Denver Federal Center, Denver, Colorado 80225. You may also e-mail
your comments to us at mrm.comments@mms.gov. Include the title of the
information collection and the OMB Control Number in the ``Attention''
line of your comment. Also include your name and return address. Submit
electronic comments as an ASCII file avoiding the use of special
characters and any form of encryption. If you do not receive a
confirmation that
[[Page 8615]]
we have received your e-mail, contact Ms. Gebhardt at (303) 231-3211.
FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303)
231-3211, FAX (303) 231-3781, e-mail Sharron.Gebhardt@mms.gov. You may
also contact Sharron Gebhardt to obtain a copy at no cost of the form
and regulations that require the subject collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 206--Product Valuation, Subpart B--Indian Oil, Sec.
206.54; Subpart C--Federal Oil, Sec. 206.109; Subpart D--Federal Gas,
Sec. Sec. 206.156 and 206.158; and Subpart E--Indian Gas, Sec.
206.177 (Form MMS-4393, Request to Exceed Regulatory Allowance
Limitation).
OMB Control Number: 1010-0095.
Bureau Form Number: Form MMS-4393, Request to Exceed Regulatory
Allowance Limitation.
Abstract: The Secretary of the U.S. Department of the Interior is
responsible for matters relevant to mineral resource development on
Federal and Indian lands and the Outer Continental Shelf (OCS). The
Secretary under the Mineral Leasing Act (30 U.S.C. 1923) and the Outer
Continental Shelf Lands Act (43 U.S.C. 1353) is responsible for
managing the production of minerals from Federal and Indian lands and
the OCS, collecting royalties from lessees who produce minerals, and
distributing the funds collected in accordance with applicable laws.
The Secretary has an Indian 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 Indian trust responsibility.
Applicable citations of the laws pertaining to mineral leases include 5
U.S.C. 301 et seq.; 25 U.S.C. 396a et seq. and 2101 et seq.; 30 U.S.C.
185, 351 et seq., 1001 et seq., and 1701 et seq.; 31 U.S.C. 9701; and
43 U.S.C. 1301 et seq., 1331 et seq., and 1801 et seq.
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. Such information is
similar to data reported to private and public mineral interest owners
and is generally available within the records of the lessee or others
involved in developing, transporting, processing, purchasing, or
selling such minerals. The information collected includes data
necessary to ensure that the royalties are paid appropriately.
Proprietary information submitted to MMS under this collection is
protected, and no items of a sensitive nature are collected. A response
is required to obtain the benefit of exceeding a regulatory allowance
limitation.
Under certain circumstances, lessees are authorized to claim a
transportation allowance for the reasonable actual costs of
transporting the royalty portion of produced oil and gas from the lease
to a processing or sales point not in the immediate lease area. In
addition, when gas is processed for the recovery of gas plant products,
lessees may claim a processing allowance. Transportation and processing
allowances are a part of the product valuation process that MMS uses to
determine if the lessee is reporting and paying the proper royalty
amount.
The regulations establish a limit on transportation allowance
deductions for oil and gas at 50 percent of the value of the oil and
gas at the point of sale. The MMS may approve a transportation
allowance in excess of 50 percent upon proper application from the
lessee. Similarly, the regulations establish a limit of 66\2/3\ percent
of the value of each gas plant product as an allowable gas processing
deduction. The MMS may also approve a processing allowance in excess of
66\2/3\ percent upon proper application from the lessee.
To request permission to exceed a regulatory allowance limit,
lessees must write a letter to MMS explaining why a higher allowance
limit is necessary and provide supporting documentation. The MMS
developed Form MMS-4393, Request to Exceed Regulatory Allowance
Limitation, to accompany the lessee's letter requesting approval to
exceed the regulatory allowance limit. This form provides MMS with the
data necessary to make a decision and track deductions on royalty
reports. Data reported on the form is also subject to subsequent audit
and adjustment.
The MMS is requesting OMB's 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.
Frequency: Annually.
Estimated Number and Description of Respondents: 26 lessees.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 121
hours.
Through customer contact and analysis of historical data, we
obtained more accurate estimates of the number of respondents and the
time required to provide the information requested, and we adjusted the
burden hours accordingly. We also included 30 CFR 206.158 (d)(2)(i) and
206.177 (c)(2), which were not included in the previous renewal. We do
not include 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
----------------------------------------------------------------------------------------------------------------
Burden Annual Annual
30 CFR section Reporting requirement hours per number of burden
response responses hours
----------------------------------------------------------------------------------------------------------------
Subpart B--Indian Oil
Sec. 206.54 Transportation allowances--general.
----------------------------------------------------------------------------------------------------------------
206.54(b)(2).................................. Upon request of a lessee, 4.25 1 4.25
MMS may approve a
transportation allowance
deduction in excess of
the limitation
prescribed by paragraph
(b)(1) of this section.
* * * An application for
exception (using Form
MMS-4393, Request to
Exceed Regulatory
Allowance Limitation)
shall contain all
relevant and supporting
documentation necessary
for MMS to make a
determination. * * *
-----------------------------------------------
[[Page 8616]]
Subpart C--Federal Oil
Sec. 206.109 When may I take a transportation allowance in determining value?
----------------------------------------------------------------------------------------------------------------
206.109(c)(2)................................. (c) Limits on 4.25 1 4.25
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 for MMS to
make a determination. *
* *.
-----------------------------------------------
Subpart D--Federal Gas
Sec. 206.156 Transportation allowances--general.
----------------------------------------------------------------------------------------------------------------
206.156(c)(3)................................. Upon request of a lessee, 4.25 2 8.5
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)
shall contain all
relevant and supporting
documentation necessary
for MMS to make a
determination. * * *
-----------------------------------------------
Subpart D--Federal Gas
Sec. 206.158 Processing allowances--general.
----------------------------------------------------------------------------------------------------------------
206.158(c)(3)................................. Upon request of a lessee, 4.25 19 80.75
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. *
* *
-----------------------------------------------
206.158(d)(2)(i).............................. If the lessee incurs 9.5 2 19
extraordinary costs for
processing gas
production from a gas
production operation, it
may apply to MMS for an
allowance for those
costs which shall be in
addition to any other
processing allowance. *
* *.
-----------------------------------------------
Subpart E--Indian Gas
Sec. 206.177 What general requirements regarding transportation allowances apply to me?
----------------------------------------------------------------------------------------------------------------
206.177(c)(2) and (c)(3)...................... (c)(2)If you ask MMS, MMS 4.25 1 4.25
may approve a
transportation allowance
deduction in excess of
the limitations in
paragraph (c)(1) of this
section. * * *
(c)(3) 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.
-----------------------------------------------
Total Burden.............................. ......................... ........... 26 121
----------------------------------------------------------------------------------------------------------------
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: We have identified no ``non-hour'' cost burdens.
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 displays
a currently valid OMB Control Number.
Comments: Section 3506(c)(2)(A) of the PRA requires each agency ``*
* * to provide notice * * * and otherwise consult with members of the
public and affected agencies concerning each proposed collection of
information * * *.'' Agencies must specifically solicit comments to:
(a) Evaluate whether the proposed collection of information is
necessary for the agency to perform its 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.
To comply with the public consultation process, we published a
notice in the Federal Register on August 18, 2004 (69 FR 51321),
announcing that we would submit this ICR to OMB for approval. The
notice provided the required 60-day comment period. We received no
comments in response to the notice.
If you wish to comment in response to this notice, you may send
your comments to the offices listed under the ADDRESSES section of this
notice. OMB has up to 60 days to approve or disapprove the information
collection but may respond after 30 days. Therefore, to ensure maximum
consideration, OMB should receive public comments by March 24, 2005.
[[Page 8617]]
Public Comment Policy: We will post all comments in response to
this notice on our Web site at https://www.mrm.mms.gov/Laws_R_D/
InfoColl/InfoColCom.htm. We will also make copies of the comments
available for public review, including names and addresses of
respondents, during regular business hours at our offices in Lakewood,
Colorado. Upon request, we will withhold an individual respondent's
home address from the public record, as allowable by law. There also
may be circumstances in which we would withhold from the rulemaking
record a respondent's identity, as allowable by law. If you request
that we withhold your name and/or address, state your request
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
MMS Information Collection Clearance Officer: Arlene Bajusz (202)
208-7744.
Dated: December 9, 2004.
Janice Bigelow,
Acting Associate Director for Minerals Revenue Management.
[FR Doc. 05-3239 Filed 2-18-05; 8:45 am]
BILLING CODE 4310-MR-P
