Agency Information Collection Activities: Submitted for Office of Management and Budget Review; Comment Request, 9732-9740 [2013-02959]
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coastal environments, while
simultaneously ensuring that the public
receives an equitable return for these
resources and that free-market
competition is maintained.
Record of Decision Availability: To
obtain a single printed or CD–ROM copy
of the ROD for proposed CPA Lease Sale
227, you may contact the BOEM, Gulf of
Mexico OCS Region, Public Information
Office (GM 250I), 1201 Elmwood Park
Boulevard, New Orleans, Louisiana
70123–2394 (1–800–200–GULF). An
electronic copy of the ROD is available
on BOEM’s Internet Web site at http://
boem.gov/Environmental-Stewardship/
Environmental-Assessment/NEPA/
nepaprocess.aspx.
FOR FURTHER INFORMATION CONTACT: For
more information on the ROD, you may
contact Mr. Gary D. Goeke, Bureau of
Ocean Energy Management, Gulf of
Mexico OCS Region, 1201 Elmwood
Park Boulevard (GM 623E), New
Orleans, Louisiana 70123–2394. You
may also contact Mr. Goeke by
telephone at (504) 736–3233.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy
Management.
[FR Doc. 2013–03039 Filed 2–8–13; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0001]
Agency Information Collection
Activities: Submitted for Office of
Management and Budget Review;
Comment Request
Office of the Secretary, Office
of Natural Resources Revenue (ONRR),
Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1012–
0010).
AGENCY:
To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information requests that
we will submit to the Office of
Management and Budget (OMB) for
review and approval. OMB formerly
approved this information collection
request (ICR) under OMB Control
Number 1010–0120. On March 6, 2011,
OMB approved a new series number for
ONRR and renumbered our ICRs. This
ICR pertains to royalty and production
reporting on solid minerals and
geothermal leases on Federal and Indian
lands. This ICR covers the paperwork
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SUMMARY:
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requirements in the regulations under
title 30, Code of Federal Regulations
(CFR), parts 1202, 1206, 1210, 1212,
1217, and 1218. The title of this ICR is
‘‘30 CFR Parts 1202, 1206, 1210, 1212,
1217, and 1218, Solid Minerals and
Geothermal Resources.’’ There are three
forms associated with this information
collection.
Submit written comments on or
before April 12, 2013 in order to assure
consideration.
ADDRESSES: You may submit comments
on this ICR to ONRR by any of the
following methods (please use ‘‘ICR
1012–0010’’ as an identifier in your
comment):
• Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ‘‘ONRR–
2011–0001,’’ and then click ‘‘Search.’’
Follow the instructions to submit public
comments.
• Mail comments to Stephen Chubb,
Regulatory Specialist, Office of Natural
Resources Revenue, P.O. Box 25165, MS
64000A, Denver, Colorado 80225.
• Hand-carry comments, or use an
overnight courier service to ONRR. Our
courier address is Building 85, Room A–
614, Denver Federal Center, West 6th
Ave. and Kipling St., Denver, Colorado
80225.
FOR FURTHER INFORMATION CONTACT:
Stephen Chubb, Regulatory Specialist,
email Stephen.Chubb@onrr.gov. You
may also contact Mr. Chubb to obtain
copies, at no cost, of (1) the ICR, (2) any
associated forms, and (3) the regulations
that require us to collect the
information. You may also review the
information collection online at http://
www.reginfo.gov/public/PRAMAIN and
select ‘‘Information Collection Review,’’
then select ‘‘Department of the Interior’’
in the drop-down box under ‘‘Currently
Under Review.’’
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Parts 1202, 1206, 1210,
1212, 1217, and 1218, Solid Minerals
and Geothermal Collections.
OMB Control Number: 1012–0010.
Bureau Form Number: Forms MMS–
4430, MMS–4292, and MMS–4293.
DATES:
Note: ONRR will publish a rule updating
our form numbers to Forms ONRR–4430,
ONRR–4292, and ONRR–4293.
Abstract: The Secretary of the United
States Department of the Interior is
responsible for mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). The Secretary’s responsibility,
according to various laws, is to manage
mineral resource production from
Federal and Indian lands and the OCS,
collect the royalties and other mineral
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revenues due, and distribute the funds
collected under those laws. We have
posted those laws pertaining to mineral
leases on Federal and Indian lands and
the OCS at http://www.onrr.gov/
Laws_R_D/PublicLawsAMR.htm.
The Secretary also has a trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. ONRR performs the
minerals revenue management functions
for the Secretary and assists the
Secretary in carrying out the
Department’s trust responsibility for
Indian lands.
Effective October 1, 2010, ONRR
reorganized and transferred their
regulations from chapter II to chapter
XII in title 30 of the Code of Federal
Regulations, resulting in a change to our
citations. You can find the information
collections covered in this ICR at 30
CFR part 1202, subpart H, which
pertains to geothermal resources
royalties; part 1206, subparts F, H, and
J, which pertain to product valuation of
Federal coal, geothermal resources, and
Indian coal; part 1210, subparts E and
H, which pertain to production and
royalty reports on solid minerals and
geothermal resources leases; part 1212,
subparts E and H, which pertain to
recordkeeping of reports and files for
solid minerals and geothermal resources
leases; part 1217, subparts E and H,
which pertain to audits and inspections
of coal, other solid minerals, and
geothermal resources leases; and part
1218, subparts E and F, which pertain
to royalty, rental, bonuses, and other
monies payment for solid minerals and
geothermal resources. All data reported
is subject to subsequent audit and
adjustment.
I. General Information
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share in an amount or value of
production from the leased lands. The
lessee, or designee, must report various
kinds of information to the lessor
relative to the disposition of the leased
minerals. Such information is generally
available within the records of the
lessee or others involved in developing,
transporting, processing, purchasing, or
selling of such minerals.
II. Information Collections
ONRR, acting for the Secretary, uses
the information that we collect to ensure
that lessees accurately value and
appropriately pay all royalties based on
correct product valuation. ONRR and
other Federal Government entities,
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including the Bureau of Safety and
Environmental Enforcement, Bureau of
Land Management, Bureau of Indian
Affairs, and State and Tribal
governmental entities, use the
information for audit purposes and for
evaluating the reasonableness of
product valuation or allowance claims
that lessees submit. Please refer to the
burden hour chart for all reporting
requirements and associated burden
hours.
A. Solid Minerals
Producers of coal and other solid
minerals from any Federal or Indian
lease must submit current Form MMS–
4430, Solid Minerals Production and
Royalty Report, and other associated
data formats. These companies also
report certain data on Form MMS–2014,
Report of Sales and Royalty Remittance
(OMB Control Number 1012–0004).
Producers of coal from any Indian lease
must also submit Form MMS–4292,
Coal Washing Allowance Report, and
Form MMS–4293, Coal Transportation
Allowance Report, if they wish to claim
allowances on Form MMS–4430. The
information that ONRR requests are the
minimum necessary to carry out our
mission and places the least possible
burden on respondents.
B. Geothermal Resources
This ICR also covers some of the
information collections for geothermal
resources, which ONRR groups by usage
(electrical generation, direct use, and
byproduct recover), and by disposition
of the resources (arm’s-length
(unaffiliated) contract sales, non-arm’slength contract sales, and no contract
sales) within each use group. ONRR
relies primarily on data that payors
report on Form MMS–2014 for the
majority of our business processes,
including geothermal information. In
addition to using the data to account for
royalties that payors report, ONRR uses
the data for monthly distribution of
mineral revenues and audit and
compliance reviews.
III. OMB Approval
We will request OMB approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge
fiduciary duties and may also result in
the loss of royalty payments. We protect
the proprietary information that ONRR
receives and do not collect items of a
sensitive nature. It is mandatory that the
reporters submit Form MMS–4430.
Also, ONRR requires that reporters
submit Forms MMS–4292 and MMS–
4293 to obtain benefits for claiming
allowances on Form MMS–4430.
Frequency: Monthly, annually, and on
occasion.
Estimated Number of Respondents:
100 reporters.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 3,434
hours.
We have not included in our
estimates certain requirements that
companies perform in the normal course
of business, and that ONRR considers
usual and customary. We display the
estimated annual burden hours by CFR
section and paragraph in the following
chart.
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR
Reporting and recordkeeping requirement
Average
number annual
responses
Hour burden
Annual burden
hours
Part 1202—Royalties
Subpart H—Geothermal Resources
1202.351(b)(3) ..............................
Pay royalties on used, sold, or otherwise finally disposed of byproducts.
Hour burden covered under OMB Control
Number 1012–0004.
1202.353(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 1012–0004. See § 1210.52.
1202.353(e) ...................................
Maintain quality measurements for audits .......................
AUDIT PROCESS—See Note.
Part 1206—Product Valuation
Subpart F—Federal Coal
1206.253(c);
1206.254;
1206.257(d)(1).
and
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 1210.
1206.257(b)(1), (b)(3), (b)(4), and
(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’s-length coal sales value
and quantity data.
1206.257(d)(3) ..............................
Submit a one-time notification when first reporting royalties on Form MMS–4430 and for a change in method.
Submit all available data relevant to the value determination proposal.
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.
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1206.257(f) ....................................
1206.257(i) ....................................
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0.4166
816
340
AUDIT PROCESS—See Note.
2
3
6
5
2
10
2
3
6
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
Reporting and recordkeeping requirement
1206.259(a)(1) and (a)(3) .............
Demonstrate that your contract is arm’s-length. Provide
written information justifying the lessee’s washing
costs.
1206.259(a)(1) ..............................
Report actual washing allowance on Form MMS–4430
for arm’s-length sales.
Report actual washing allowance on Form MMS–4430
for non-arm’s-length or no contract sales.
Report washing allowance on Form MMS–4430 after
lessee elects either method for a wash plant.
Report washing allowance on Form MMS–4430 for depreciation—use either straight-line, or a unit of production method.
1206.259(b)(1) ..............................
1206.259(b)(2)(iv) .........................
1206.259(b)(2)(iv)(A) .....................
Average
number annual
responses
Hour burden
Annual burden
hours
AUDIT PROCESS—See Note.
0.34
12
4
0.75
48
36
1
3
3
1
3
3
1206.259(c)(1)(ii) and (c)(2)(iii) .....
Submit arm’s-length and non-arm’s-length washing contracts and related documents to ONRR.
AUDIT PROCESS—See Note.
1206.262(a)(1) ..............................
Report transportation allowance on Form MMS–4430 ....
0.333
1206.262(a)(1) and (a)(3) .............
Demonstrate that your contract is arm’s-length. Provide
written information justifying your transportation costs
when ONRR determines the costs are unreasonable.
AUDIT PROCESS—See Note.
1206.262(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.
Report transportation allowance on Form MMS–4430 for
depreciation—use either straight-line, or a unit of production method.
Apply to ONRR for exception from the requirement of
computing actual costs.
1206.262(b)(2)(iv) .........................
1206.262(b)(2)(iv)(A) .....................
1206.262(b)(3) ..............................
1206.262(c)(1)(ii) and (c)(2)(iii) .....
24
18
1
3
3
1
3
3
1
Propose the value of coal for royalty purposes to ONRR
for an ad valorem Federal coal lease.
Notify ONRR if, prior to use, sale, or other disposition,
you enhanced the value of coal.
1206.265 .......................................
80
0.75
Submit all arm’s-length transportation contracts, production agreements, operating agreements, and related
documents to ONRR.
1206.264 .......................................
240
3
3
AUDIT PROCESS—See Note.
1
1
1
1
1
1
Subpart H—Geothermal Resources
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
ONRR.
Hour burden covered under OMB Control
Number 1012–0004.
1206.353(c)(2)(i)(A),
(e)(4).
and
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.
AUDIT PROCESS—See Note.
1206.353(g) ...................................
Request change to other depreciation alternative method with ONRR approval.
1206.353(h)(1) and (m)(2) ............
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1206.352(b)(1)(ii) ..........................
Use a straight-line depreciation method, but not below
salvage value, for equipment.
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 1012–0004.
1206.353(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.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average
number annual
responses
1
1
1206.354(b)(1)(ii) ..........................
Redetermine your generating cost rate annually and request ONRR approval to use a different deduction period.
1206.354(c)(2)(i)(A),
(e)(4).
and
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.
1206.354(g) ...................................
Request change to other depreciation alternative method with ONRR approval.
1206.354(h) and (m)(2) .................
Use a straight-line depreciation method, but not below
the salvage value, for equipment.
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 1012–0004.
1206.354(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.
1206.356(a)(1) and (a)(2) .............
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 direct-use facility;
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 by ONRR.
Hour burden covered under OMB Control
Number 1012–0004.
1206.356(a)(3) ..............................
For Class I leases, a royalty determined by any other
reasonable method approved by ONRR.
1206.356(b)(3) ..............................
Provide ONRR data showing the geothermal production
amount, in pounds or gallons of geothermal fluid, to
input into the fee schedule for Class III leases.
1206.356(c) ...................................
ONRR will determine fees on a case-by-case basis for
geothermal resources other than hot water.
1206.357(b)(3); and 1206.358(d) ..
Determine the royalty due on byproducts by any other
reasonable valuation method approved by ONRR.
Use a discrete field on Form MMS–2014 to notify
ONRR of a transportation allowance.
Hour burden covered under OMB Control
Number 1012–0004.
1206.358(d)(2)
and
(e);
1206.359(a)(1),
(a)(2),
(c)(2)(i)(A), (d)(9), and (e)(4).
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Reporting and recordkeeping requirement
Submit arm’s-length transportation contracts for reviews
and audits, if ONRR requires.
Pay any additional royalties due plus interest, if you
have improperly determined a byproduct transportation allowance..
Provide written information justifying your transportation
costs if ONRR requires 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.
1206.359(g) ...................................
The lessee may not later elect to change to the other
alternative without ONRR approval to compute costs
associated with capital investment.
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Hour burden
Annual burden
hours
Citation 30 CFR
1
AUDIT PROCESS—See Note.
1
1
1
40
1
40
Hour burden covered under OMB Control
Number 1012–0004.
1
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average
number annual
responses
Reporting and recordkeeping requirement
1206.359(h)(1) and (l)(2) ..............
You must use a straight-line depreciation method based
on the life of either equipment, or geothermal project.
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 1012–0004.
1206.360(a)(1), (a)(2), and (b);
1206.361(a)(1).
Retain all data relevant to the royalty value, or fee you
paid. Show how you calculated then submit all data to
ONRR upon request.
ONRR 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.
1206.361(a)(2) ..............................
Pay either royalties or fees due plus interest if ONRR
directs you to use a different royalty value, measure
of gross proceeds, or fee.
Hour burden covered under OMB Control
Number 1012–0004.
1206.361(b), (c), and (d) ...............
ONRR 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.
1206.361(f)(2) ...............................
Write and sign contract revisions or amendments by all
parties to the contract.
AUDIT PROCESS—See Note.
1206.364(a)(1) ..............................
Request a value determination from ONRR in writing ....
1206.364(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 1012–0004.
1206.364(d)(2) ..............................
You may appeal an order requiring you to pay royalty
under the determination.
State, tribal, or local government lessee must pay a
nominal fee, if uses a geothermal resource.
Hour burden covered under OMB Control
Number 1012–0006.
Hour burden covered under OMB Control
Number 1012–0004.
1206.366 .......................................
Hour burden
Annual burden
hours
Citation 30 CFR
12
1
12
Subpart J—Indian Coal
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.
1206.456(d)(1);
1206.453.
1206.452(c);
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 1210.
1206.456(d)(2) ..............................
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1206.456(b)(1), (b)(3), and (b)(4)
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 ONRR or Indian representative, or the Inspector General of the Department of
the Interior or other persons authorized to receive
such information.
1206.456(d)(3) ..............................
Notify ONRR by letter identifying the valuation method
used and procedure followed. This is a one-time notification due no later than the month the lessee first
report royalties on the Form MMS–4430.
Propose a value determination method to ONRR; submit all available data relevant to method; and use that
method until ONRR decides.
1206.456(f) ....................................
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AUDIT PROCESS—See Note.
0.42
48
20
AUDIT PROCESS—See Note.
1
1
1
1
1
1
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
Reporting and recordkeeping requirement
1206.456(i) ....................................
Write and sign contract revisions or amendments by all
parties to an arm’s-length contract.
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 non-arm’s-length, or no contract.
1206.458(a)(1), (b)(1), (c)(1)(i),
(c)(1)(iii), (c)(2)(i), and (c)(2)(iii).
1206.458(a)(3) ..............................
Provide written information justifying your washing costs
when ONRR determines your washing value unreasonable.
1206.458(b)(2)(iv) .........................
1206.458(b)(2)(iv)(A) .....................
The lessee may not later elect to change to the other
alternative without ONRR approval.
Elect either a straight-line depreciation method based
on the life of equipment or reserves, or a unit of production method.
1206.458(c)(1)(iv) and (c)(2)(vi) ....
Submit arm’s-length washing contracts and all related
data used on Form MMS–4292.
1206.461(a)(1), (b)(1), (c)(1)(i),
(c)(1)(iii), (c)(2)(i), and (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 ONRR, unless ONRR 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 non-arm’s-length or no contract. (Emphasis
added.)
1206.461(a)(3) ..............................
Provide written information justifying your transportation
costs when ONRR determines your transportation
value unreasonable.
1206.461(b)(2)(iv) .........................
Submit completed Form MMS–4293 after a lessee has
elected to use either method for a transportation system.
Submit completed Form MMS–4293 to compute depreciation for election to use either a straight-line depreciation, or unit-of-production method.
Submit completed Form MMS–4293 for exception from
the requirement of computing actual costs.
1206.461(b)(2)(iv)(A) .....................
1206.461(b)(3) ..............................
1206.461(c)(1)(iv) and (c)(2)(vi) ....
Submit arm’s-length transportation contracts, production
and operating agreements, and related documents
used on Form MMS–4293.
1206.463 .......................................
Propose the value of coal for royalty purposes to ONRR
for an ad valorem Federal coal lease.
Notify ONRR if, prior to use, sale, or other disposition,
you enhance the value of coal.
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1206.464 .......................................
VerDate Mar<15>2010
14:26 Feb 08, 2013
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Average
number annual
responses
Annual burden
hours
1
1
1
2
1
2
Hour burden
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AUDIT PROCESS—See Note.
1
1
1
1
1
1
AUDIT PROCESS—See Note.
2
1
2
AUDIT PROCESS—See Note.
1
1
1
1
1
1
1
1
1
AUDIT PROCESS—See Note.
1
1
1
1
1
1
11FEN1
9738
Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
Reporting and recordkeeping requirement
Average
number annual
responses
Annual burden
hours
0.75
1,668
1,251
0.50
900
450
1
30
30
0.5
130
65
Hour burden
Part 1210—Forms and Reports
Subpart E—Solid Minerals, General
1210.201(a)(1); 1206.259(c)(1)(i),
(c)(2), (e)(2); 1206.262(c)(1),
(c)(2)(i), (e)(2); 1206.458(c)(4),
(e)(2); 1206.461(c)(4), (e)(2).
1210.202(a)(1) and (c)(1) .............
1210.203(a) ...................................
1210.204(a)(1) ..............................
1210.205(a) and (b) ......................
Submit a completed Form MMS–4430. Report washing
and transportation allowances as a separate line on
Form MMS–4430 for arm’s-length, non-arm’s-length,
or no contract sales, unless ONRR 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 ONRR.
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.
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.
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.
Submit detailed statements, documents, or other evidence necessary to verify compliance, as requested.
AUDIT PROCESS—See Note.
Subpart H—Geothermal Resources
1210.351 .......................................
Maintain geothermal records on microfilm, microfiche, or
other recorded media.
1210.352 .......................................
Submit additional geothermal information on special
forms or reports.
1210.353 .......................................
Submit completed Form MMS–2014 monthly once sales
or utilization of geothermal production occur.
Hour burden covered under OMB Control
Number 1012–0004.
1
1
1
Hour burden covered under OMB Control
Number 1012–0004.
Part 1212—Records and Forms Maintenance
Subpart E—Solid Minerals—General
1212.200(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.
0.25
4,064
1,016
Subpart H—Geothermal Resources
1212.351(a) and (b) ......................
Retain accurate and complete records necessary to
demonstrate that payments of royalties, rentals, and
other amounts due under Federal geothermal leases
are in compliance with laws, lease terms, regulations,
and orders.
Maintain all records pertaining to Federal geothermal
leases for 6 years after the records are generated unless the recordholder is notified in writing.
Hour burden covered under OMB Control Numbers 1012–0004 (for Forms MMS–2014 and
MMS–4054).
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Part 1217—Audits and Inspections
Subpart E—Coal
1217.200 .......................................
VerDate Mar<15>2010
14:26 Feb 08, 2013
Furnish, free of charge, duplicate copies of audit reports
that express opinions on such compliance with Federal lease terms relating to Federal royalties as directed by the Director for the Office of Natural Resources Revenue.
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AUDIT PROCESS—See Note.
11FEN1
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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
Reporting and recordkeeping requirement
Average
number annual
responses
Hour burden
Annual burden
hours
Subpart F—Other Solid Minerals
1217.250 .......................................
Furnish, free of charge, duplicate copies of annual or
other audits of your books.
AUDIT PROCESS—See Note.
Subpart G—Geothermal Resources
1217.300 .......................................
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 1218—COLLECTION OF MONIES AND PROVISION
FOR GEOTHERMAL CREDITS AND INCENTIVES
Subpart E—Solid Minerals—General
1218.201(b);
1206.460(d).
1206.457(b);
1218.203(a) and (b) ......................
You must tender all payments under § 1218.51 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.
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 ONRR.
0.0055
1,368
8
1
1
1
Subpart F—Geothermal Resources
1218.300; 1218.301;
1218.305(a).
1218.304;
Submit all rental and deferred bonus payments when
due and pay in value all royalties due determined by
ONRR.
The payor shall tender all payments ...............................
Pay the direct use fees in addition to the annual rental
due.
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 1206, subpart H.
1218.306(a)(2) ..............................
You may receive a credit against royalties if ONRR approves in advance your contract.
1218.306(b) ...................................
Pay in money any royalty amount that is not offset by
the credit allowed under this section.
Hour burden covered under OMB Control
Number 1012–0004.
4
1
4
Hour burden covered under OMB Control
Number 1012–0004.
TOTAL BURDEN
9,434
3,434
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Note: Audit Process—The Office of Regulatory Affairs determined that the audit process is exempt form the Paperwork Reduction Act of 1995
because ONRR staff asks non-standard questions to resolve exceptions.
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: We have identified no ‘‘nonhour’’ cost burdens associated with the
collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq. ) provides that
an agency may not conduct or sponsor,
and a person does not have 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 60-day notice in the Federal
Register * * * and otherwise consult
with members of the public and affected
agencies concerning each proposed
VerDate Mar<15>2010
14:26 Feb 08, 2013
Jkt 229001
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 that ONRR collects; 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
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‘‘non-hour cost’’ burden to respondents
or record-keepers 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 that you use to
estimate (1) major cost factors, including
system and technology acquisition, (2)
expected useful life of capital
equipment, (3) discount rate(s), and (4)
the period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software that you purchase to prepare
E:\FR\FM\11FEN1.SGM
11FEN1
9740
Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices
for collecting information and
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 to keep records
for the Federal Government; or (iv) as
part of customary and usual business or
private practices.
Public Comment Policy: We will
summarize all comments that we
receive regarding this notice. We will
publish that summary, including names
and addresses of respondents, at
http://www.regulations.gov. Before
including your address, phone number,
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 from public view your
personal identifying information, we
cannot guarantee that we will be able to
do so.
Information Collection Clearance
Officer: Dave Alspach (202) 219–8526.
Dated: February 1, 2013.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2013–02959 Filed 2–8–13; 8:45 am]
BILLING CODE 4310–T2–P
[Investigation No. 337–TA–869]
Certain Robotic Toys and Components
Thereof; Institution of Investigation
Pursuant to 19 U.S.C. 1337
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
January 4, 2013, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Innovation
First International, Inc. of Greenville,
Texas; Innovation First, Inc. of
Greenville, Texas; and Innovation First
Labs, Inc. of Greenville, Texas. The
complaint alleges violations of section
337 based upon the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain robotic toys
erowe on DSK2VPTVN1PROD with NOTICES
SUMMARY:
14:26 Feb 08, 2013
this notice of investigation shall be
served:
(a) The complainants:
Innovation First International, Inc., 1519
Interstate 30 West, Greenville, TX
75402;
Innovation First, Inc., 1519 Interstate 30
West, Greenville, TX 75402;
Innovation First Labs, Inc., 1519
Interstate 30 West, Greenville, TX
75402.
The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street SW., Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at http:
//www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and the parties upon which
the complaint is to be served:
CVS Pharmacy Inc., One CVS Drive,
Woonsocket, RI 02895;
Zuru Inc., 4th Floor, De Castro Building,
Drakes Highway, P.O. Box 4406, Road
Town, Tortola, British Virgin Islands;
Zuru Ltd., Room 1210–1211 12/F, Block
A, New Mandarin Plaza, 14 Science
Museum Rd., TST East, Kowloon,
Hong Kong;
Zuru Toys Inc., Shannon Wrigley & Co.
Ltd., 30 Duke Street, Cambridge, New
Zealand.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondent in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d)–(e) and 210.13(a),
such responses will be considered by
the Commission if received not later
than 20 days after the date of service by
the Commission of the complaint and
the notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
ADDRESSES:
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2012).
INTERNATIONAL TRADE
COMMISSION
VerDate Mar<15>2010
and components thereof by reason of
misappropriation of trade secrets, the
threat or effect of which is to destroy or
substantially injure an industry in the
United States or to prevent the
establishment of such an industry.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and cease and desist
order.
Jkt 229001
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
February 5, 2013, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(A) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain robotic toys and
components thereof by reason of
misappropriation of trade secrets, the
threat or effect of which is to destroy or
substantially injure an industry in the
United States or to prevent the
establishment of such an industry;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
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11FEN1
]]>Agencies
[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9732-9740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02959]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0001]
Agency Information Collection Activities: Submitted for Office of
Management and Budget Review; Comment Request
AGENCY: Office of the Secretary, Office of Natural Resources Revenue
(ONRR), Interior.
ACTION: Notice of an extension of a currently approved information
collection (OMB Control Number 1012-0010).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are inviting comments on a collection of information requests that we
will submit to the Office of Management and Budget (OMB) for review and
approval. OMB formerly approved this information collection request
(ICR) under OMB Control Number 1010-0120. On March 6, 2011, OMB
approved a new series number for ONRR and renumbered our ICRs. This ICR
pertains to royalty and production reporting on solid minerals and
geothermal leases on Federal and Indian lands. This ICR covers the
paperwork requirements in the regulations under title 30, Code of
Federal Regulations (CFR), parts 1202, 1206, 1210, 1212, 1217, and
1218. The title of this ICR is ``30 CFR Parts 1202, 1206, 1210, 1212,
1217, and 1218, Solid Minerals and Geothermal Resources.'' There are
three forms associated with this information collection.
DATES: Submit written comments on or before April 12, 2013 in order to
assure consideration.
ADDRESSES: You may submit comments on this ICR to ONRR by any of the
following methods (please use ``ICR 1012-0010'' as an identifier in
your comment):
Electronically go to http://www.regulations.gov. In the
entry titled ``Enter Keyword or ID,'' enter ``ONRR-2011-0001,'' and
then click ``Search.'' Follow the instructions to submit public
comments.
Mail comments to Stephen Chubb, Regulatory Specialist,
Office of Natural Resources Revenue, P.O. Box 25165, MS 64000A, Denver,
Colorado 80225.
Hand-carry comments, or use an overnight courier service
to ONRR. Our courier address is Building 85, Room A-614, Denver Federal
Center, West 6th Ave. and Kipling St., Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT: Stephen Chubb, Regulatory Specialist,
email Stephen.Chubb@onrr.gov. You may also contact Mr. Chubb to obtain
copies, at no cost, of (1) the ICR, (2) any associated forms, and (3)
the regulations that require us to collect the information. You may
also review the information collection online at http://www.reginfo.gov/public/PRAMAIN and select ``Information Collection
Review,'' then select ``Department of the Interior'' in the drop-down
box under ``Currently Under Review.''
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Parts 1202, 1206, 1210, 1212, 1217, and 1218, Solid
Minerals and Geothermal Collections.
OMB Control Number: 1012-0010.
Bureau Form Number: Forms MMS-4430, MMS-4292, and MMS-4293.
Note: ONRR will publish a rule updating our form numbers to
Forms ONRR-4430, ONRR-4292, and ONRR-4293.
Abstract: The Secretary of the United States Department of the
Interior is responsible for mineral resource development on Federal and
Indian lands and the Outer Continental Shelf (OCS). The Secretary's
responsibility, according to various laws, is to manage mineral
resource production from Federal and Indian lands and the OCS, collect
the royalties and other mineral revenues due, and distribute the funds
collected under those laws. We have posted those laws pertaining to
mineral leases on Federal and Indian lands and the OCS at http://www.onrr.gov/Laws_R_D/PublicLawsAMR.htm.
The Secretary also has a trust responsibility to manage Indian
lands and seek advice and information from Indian beneficiaries. ONRR
performs the minerals revenue management functions for the Secretary
and assists the Secretary in carrying out the Department's trust
responsibility for Indian lands.
Effective October 1, 2010, ONRR reorganized and transferred their
regulations from chapter II to chapter XII in title 30 of the Code of
Federal Regulations, resulting in a change to our citations. You can
find the information collections covered in this ICR at 30 CFR part
1202, subpart H, which pertains to geothermal resources royalties; part
1206, subparts F, H, and J, which pertain to product valuation of
Federal coal, geothermal resources, and Indian coal; part 1210,
subparts E and H, which pertain to production and royalty reports on
solid minerals and geothermal resources leases; part 1212, subparts E
and H, which pertain to recordkeeping of reports and files for solid
minerals and geothermal resources leases; part 1217, subparts E and H,
which pertain to audits and inspections of coal, other solid minerals,
and geothermal resources leases; and part 1218, subparts E and F, which
pertain to royalty, rental, bonuses, and other monies payment for solid
minerals and geothermal resources. All data reported is subject to
subsequent audit and adjustment.
I. General Information
When a company or an individual enters into a lease to explore,
develop, produce, and dispose of minerals from Federal or Indian lands,
that company or individual agrees to pay the lessor a share in an
amount or value of production from the leased lands. The lessee, or
designee, must report various kinds of information to the lessor
relative to the disposition of the leased minerals. Such information is
generally available within the records of the lessee or others involved
in developing, transporting, processing, purchasing, or selling of such
minerals.
II. Information Collections
ONRR, acting for the Secretary, uses the information that we
collect to ensure that lessees accurately value and appropriately pay
all royalties based on correct product valuation. ONRR and other
Federal Government entities,
[[Page 9733]]
including the Bureau of Safety and Environmental Enforcement, Bureau of
Land Management, Bureau of Indian Affairs, and State and Tribal
governmental entities, use the information for audit purposes and for
evaluating the reasonableness of product valuation or allowance claims
that lessees submit. Please refer to the burden hour chart for all
reporting requirements and associated burden hours.
A. Solid Minerals
Producers of coal and other solid minerals from any Federal or
Indian lease must submit current Form MMS-4430, Solid Minerals
Production and Royalty Report, and other associated data formats. These
companies also report certain data on Form MMS-2014, Report of Sales
and Royalty Remittance (OMB Control Number 1012-0004). Producers of
coal from any Indian lease must also submit Form MMS-4292, Coal Washing
Allowance Report, and Form MMS-4293, Coal Transportation Allowance
Report, if they wish to claim allowances on Form MMS-4430. The
information that ONRR requests are the minimum necessary to carry out
our mission and places the least possible burden on respondents.
B. Geothermal Resources
This ICR also covers some of the information collections for
geothermal resources, which ONRR groups by usage (electrical
generation, direct use, and byproduct recover), and by disposition of
the resources (arm's-length (unaffiliated) contract sales, non-arm's-
length contract sales, and no contract sales) within each use group.
ONRR relies primarily on data that payors report on Form MMS-2014 for
the majority of our business processes, including geothermal
information. In addition to using the data to account for royalties
that payors report, ONRR uses the data for monthly distribution of
mineral revenues and audit and compliance reviews.
III. OMB Approval
We will request OMB approval to continue to collect this
information. Not collecting this information would limit the
Secretary's ability to discharge fiduciary duties and may also result
in the loss of royalty payments. We protect the proprietary information
that ONRR receives and do not collect items of a sensitive nature. It
is mandatory that the reporters submit Form MMS-4430. Also, ONRR
requires that reporters submit Forms MMS-4292 and MMS-4293 to obtain
benefits for claiming allowances on Form MMS-4430.
Frequency: Monthly, annually, and on occasion.
Estimated Number of Respondents: 100 reporters.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 3,434
hours.
We have not included in our estimates certain requirements that
companies perform in the normal course of business, and that ONRR
considers usual and customary. We display the estimated annual burden
hours by CFR section and paragraph in the following chart.
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Average
Citation 30 CFR Reporting and recordkeeping Hour burden number annual Annual burden
requirement responses hours
----------------------------------------------------------------------------------------------------------------
Part 1202--Royalties
Subpart H--Geothermal Resources
----------------------------------------------------------------------------------------------------------------
1202.351(b)(3)..................... Pay royalties on used, Hour burden covered under OMB Control Number
sold, or otherwise finally 1012-0004.
disposed of byproducts.
-----------------------------------------------
1202.353(a), (b), (c), and (d)..... Report on Form MMS-2014, Hour burden covered under OMB Control Number
royalties or direct use 1012-0004. See Sec. 1210.52.
fee due for geothermal
resources, byproduct
quantity, and commercially
demineralized water
quantity.
-----------------------------------------------
1202.353(e)........................ Maintain quality AUDIT PROCESS--See Note.
measurements for audits.
----------------------------------------------------------------------------------------------------------------
Part 1206--Product Valuation
Subpart F--Federal Coal
----------------------------------------------------------------------------------------------------------------
1206.253(c); 1206.254; and Maintain accurate records 0.4166 816 340
1206.257(d)(1). 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 1210.
-----------------------------------------------
1206.257(b)(1), (b)(3), (b)(4), and Demonstrate and certify AUDIT PROCESS--See Note.
(d)(2). your arm's-length contract
provisions including all
consideration paid by
buyer, directly or
indirectly, for coal
production. Provide
written information of
reported arm's-length coal
sales value and quantity
data.
-----------------------------------------------
1206.257(d)(3)..................... Submit a one-time 2 3 6
notification when first
reporting royalties on
Form MMS-4430 and for a
change in method.
1206.257(f)........................ Submit all available data 5 2 10
relevant to the value
determination proposal.
1206.257(i)........................ Write and sign contract 2 3 6
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.
-----------------------------------------------
[[Page 9734]]
1206.259(a)(1) and (a)(3).......... Demonstrate that your AUDIT PROCESS--See Note.
contract is arm's-length.
Provide written
information justifying the
lessee's washing costs.
-----------------------------------------------
1206.259(a)(1)..................... Report actual washing 0.34 12 4
allowance on Form MMS-4430
for arm's-length sales.
1206.259(b)(1)..................... Report actual washing 0.75 48 36
allowance on Form MMS-4430
for non-arm's-length or no
contract sales.
1206.259(b)(2)(iv)................. Report washing allowance on 1 3 3
Form MMS-4430 after lessee
elects either method for a
wash plant.
1206.259(b)(2)(iv)(A).............. Report washing allowance on 1 3 3
Form MMS-4430 for
depreciation--use either
straight-line, or a unit
of production method.
-----------------------------------------------
1206.259(c)(1)(ii) and (c)(2)(iii). Submit arm's-length and non- AUDIT PROCESS--See Note.
arm's-length washing
contracts and related
documents to ONRR.
-----------------------------------------------
1206.262(a)(1)..................... Report transportation 0.333 240 80
allowance on Form MMS-4430.
-----------------------------------------------
1206.262(a)(1) and (a)(3).......... Demonstrate that your AUDIT PROCESS--See Note.
contract is arm's-length.
Provide written
information justifying
your transportation costs
when ONRR determines the
costs are unreasonable.
-----------------------------------------------
1206.262(b)(1)..................... Report actual 0.75 24 18
transportation allowance
on Form MMS-4430 for non-
arm's-length or no
contract sales.
1206.262(b)(2)(iv)................. Report transportation 1 3 3
allowance on Form MMS-4430
after lessee elects either
method for a
transportation system.
1206.262(b)(2)(iv)(A).............. Report transportation 1 3 3
allowance on Form MMS-4430
for depreciation--use
either straight-line, or a
unit of production method.
1206.262(b)(3)..................... Apply to ONRR for exception 1 3 3
from the requirement of
computing actual costs.
-----------------------------------------------
1206.262(c)(1)(ii) and (c)(2)(iii). Submit all arm's-length AUDIT PROCESS--See Note.
transportation contracts,
production agreements,
operating agreements, and
related documents to ONRR.
-----------------------------------------------
1206.264........................... Propose the value of coal 1 1 1
for royalty purposes to
ONRR for an ad valorem
Federal coal lease.
1206.265........................... Notify ONRR if, prior to 1 1 1
use, sale, or other
disposition, you enhanced
the value of coal.
----------------------------------------------------------------------------------------------------------------
Subpart H--Geothermal Resources
----------------------------------------------------------------------------------------------------------------
1206.352(b)(1)(ii)................. Determine the royalty on Hour burden covered under OMB Control Number
produced geothermal 1012-0004.
resources, used in your
power plant for generation
and sale of electricity,
for Class I leases, as
approved by ONRR.
-----------------------------------------------
1206.353(c)(2)(i)(A), (d)(9), and Include a return on capital AUDIT PROCESS--See Note.
(e)(4). 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.
-----------------------------------------------
1206.353(g)........................ Request change to other 1 1 1
depreciation alternative
method with ONRR approval.
-----------------------------------------------
1206.353(h)(1) and (m)(2).......... Use a straight-line Hour burden covered under OMB Control Number
depreciation method, but 1012-0004.
not below salvage value,
for equipment.
Amend your prior estimated
Form MMS-2014 reports to
reflect actual
transmission cost
deductions, and pay any
additional royalties due
plus interest.
-----------------------------------------------
1206.353(n)........................ Submit all arm's-length AUDIT PROCESS--See Note.
transmission contracts,
production and operating
agreements and related
documents, and other data
for calculating the
deduction.
-----------------------------------------------
[[Page 9735]]
1206.354(b)(1)(ii)................. Redetermine your generating 1 1 1
cost rate annually and
request ONRR approval to
use a different deduction
period.
-----------------------------------------------
1206.354(c)(2)(i)(A), (d)(9), and Include a return on capital AUDIT PROCESS--See Note.
(e)(4). 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.
-----------------------------------------------
1206.354(g)........................ Request change to other 1 1 1
depreciation alternative
method with ONRR approval.
-----------------------------------------------
1206.354(h) and (m)(2)............. Use a straight-line Hour burden covered under OMB Control Number
depreciation method, but 1012-0004.
not below the salvage
value, for equipment.
Amend your prior estimated
Form MMS-2014 reports to
reflect actual generating
cost deductions and pay
any additional royalties
due plus interest.
-----------------------------------------------
1206.354(n)........................ Submit all arm's-length AUDIT PROCESS--See Note.
power plant contracts,
production and operating
agreements and related
documents, and other data
for calculating the
deduction.
-----------------------------------------------
1206.356(a)(1) and (a)(2).......... Determine the royalty on Hour burden covered under OMB Control Number
produced significant 1012-0004.
geothermal resource
quantities, for Class I
leases, with the weighted
average of the arm's-
length gross proceeds used
to operate the same direct-
use facility;
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 by ONRR.
-----------------------------------------------
1206.356(a)(3)..................... For Class I leases, a 1 40 40
royalty determined by any
other reasonable method
approved by ONRR.
-----------------------------------------------
1206.356(b)(3)..................... Provide ONRR data showing Hour burden covered under OMB Control Number
the geothermal production 1012-0004.
amount, in pounds or
gallons of geothermal
fluid, to input into the
fee schedule for Class III
leases.
-----------------------------------------------
1206.356(c)........................ ONRR will determine fees on 1 1 1
a case-by-case basis for
geothermal resources other
than hot water.
-----------------------------------------------
1206.357(b)(3); and 1206.358(d).... Determine the royalty due Hour burden covered under OMB Control Number
on byproducts by any other 1012-0004.
reasonable valuation
method approved by ONRR.
Use a discrete field on
Form MMS-2014 to notify
ONRR of a transportation
allowance.
-----------------------------------------------
1206.358(d)(2) and (e); Submit arm's-length AUDIT PROCESS--See Note.
1206.359(a)(1), (a)(2), transportation contracts
(c)(2)(i)(A), (d)(9), and (e)(4). for reviews and audits, if
ONRR requires.
Pay any additional
royalties due plus
interest, if you have
improperly determined a
byproduct transportation
allowance..
Provide written information
justifying your
transportation costs if
ONRR requires 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.
-----------------------------------------------
1206.359(g)........................ The lessee may not later 1 1 1
elect to change to the
other alternative without
ONRR approval to compute
costs associated with
capital investment.
-----------------------------------------------
[[Page 9736]]
1206.359(h)(1) and (l)(2).......... You must use a straight- Hour burden covered under OMB Control Number
line depreciation method 1012-0004.
based on the life of
either equipment, or
geothermal project.
You must amend your prior
Form MMS-2014 reports to
reflect actual byproduct
transportation cost
deductions and pay any
additional royalties due
plus interest.
-----------------------------------------------
1206.360(a)(1), (a)(2), and (b); Retain all data relevant to AUDIT PROCESS--See Note.
1206.361(a)(1). the royalty value, or fee
you paid. Show how you
calculated then submit all
data to ONRR upon request.
ONRR 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.
-----------------------------------------------
1206.361(a)(2)..................... Pay either royalties or Hour burden covered under OMB Control Number
fees due plus interest if 1012-0004.
ONRR directs you to use a
different royalty value,
measure of gross proceeds,
or fee.
-----------------------------------------------
1206.361(b), (c), and (d).......... ONRR may require you to: AUDIT PROCESS--See Note.
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.
-----------------------------------------------
1206.361(f)(2)..................... Write and sign contract AUDIT PROCESS--See Note.
revisions or amendments by
all parties to the
contract.
-----------------------------------------------
1206.364(a)(1)..................... Request a value 12 1 12
determination from ONRR in
writing.
-----------------------------------------------
1206.364(c)(2)..................... Make any adjustments in Hour burden covered under OMB Control Number
royalty payments, if you 1012-0004.
owe additional royalties,
and pay the royalties owed
plus interest after the
Assistant Secretary issues
a determination.
-----------------------------------------------
1206.364(d)(2)..................... You may appeal an order Hour burden covered under OMB Control Number
requiring you to pay 1012-0006.
royalty under the
determination.
1206.366........................... State, tribal, or local Hour burden covered under OMB Control Number
government lessee must pay 1012-0004.
a nominal fee, if uses a
geothermal resource.
----------------------------------------------------------------------------------------------------------------
Subpart J--Indian Coal
----------------------------------------------------------------------------------------------------------------
1206.456(b)(1), (b)(3), and (b)(4). Demonstrate that your AUDIT PROCESS--See Note.
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.
-----------------------------------------------
1206.456(d)(1); 1206.452(c); Retain all data relevant to 0.42 48 20
1206.453. 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 1210.
-----------------------------------------------
1206.456(d)(2)..................... An Indian lessee will make AUDIT PROCESS--See Note.
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 ONRR or
Indian representative, or
the Inspector General of
the Department of the
Interior or other persons
authorized to receive such
information.
-----------------------------------------------
1206.456(d)(3)..................... Notify ONRR by letter 1 1 1
identifying the valuation
method used and procedure
followed. This is a one-
time notification due no
later than the month the
lessee first report
royalties on the Form MMS-
4430.
1206.456(f)........................ Propose a value 1 1 1
determination method to
ONRR; submit all available
data relevant to method;
and use that method until
ONRR decides.
[[Page 9737]]
1206.456(i)........................ Write and sign contract 1 1 1
revisions or amendments by
all parties to an arm's-
length contract.
1206.458(a)(1), (b)(1), (c)(1)(i), Deduct the reasonable 2 1 2
(c)(1)(iii), (c)(2)(i), and actual coal washing
(c)(2)(iii). 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
non-arm's-length, or no
contract.
-----------------------------------------------
1206.458(a)(3)..................... Provide written information AUDIT PROCESS--See Note.
justifying your washing
costs when ONRR determines
your washing value
unreasonable.
-----------------------------------------------
1206.458(b)(2)(iv)................. The lessee may not later 1 1 1
elect to change to the
other alternative without
ONRR approval.
1206.458(b)(2)(iv)(A).............. Elect either a straight- 1 1 1
line depreciation method
based on the life of
equipment or reserves, or
a unit of production
method.
-----------------------------------------------
1206.458(c)(1)(iv) and (c)(2)(vi).. Submit arm's-length washing AUDIT PROCESS--See Note.
contracts and all related
data used on Form MMS-4292.
-----------------------------------------------
1206.461(a)(1), (b)(1), (c)(1)(i), Submit a completed page one 2 1 2
(c)(1)(iii), (c)(2)(i), and of Form MMS-4293, Coal
(c)(2)(iii). 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 ONRR, unless ONRR
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 non-
arm's-length or no
contract. (Emphasis
added.)
-----------------------------------------------
1206.461(a)(3)..................... Provide written information AUDIT PROCESS--See Note.
justifying your
transportation costs when
ONRR determines your
transportation value
unreasonable.
-----------------------------------------------
1206.461(b)(2)(iv)................. Submit completed Form MMS- 1 1 1
4293 after a lessee has
elected to use either
method for a
transportation system.
1206.461(b)(2)(iv)(A).............. Submit completed Form MMS- 1 1 1
4293 to compute
depreciation for election
to use either a straight-
line depreciation, or unit-
of-production method.
1206.461(b)(3)..................... Submit completed Form MMS- 1 1 1
4293 for exception from
the requirement of
computing actual costs.
-----------------------------------------------
1206.461(c)(1)(iv) and (c)(2)(vi).. Submit arm's-length AUDIT PROCESS--See Note.
transportation contracts,
production and operating
agreements, and related
documents used on Form MMS-
4293.
-----------------------------------------------
1206.463........................... Propose the value of coal 1 1 1
for royalty purposes to
ONRR for an ad valorem
Federal coal lease.
1206.464........................... Notify ONRR if, prior to 1 1 1
use, sale, or other
disposition, you enhance
the value of coal.
----------------------------------------------------------------------------------------------------------------
[[Page 9738]]
Part 1210--Forms and Reports
Subpart E--Solid Minerals, General
----------------------------------------------------------------------------------------------------------------
1210.201(a)(1); 1206.259(c)(1)(i), Submit a completed Form MMS- 0.75 1,668 1,251
(c)(2), (e)(2); 1206.262(c)(1), 4430. Report washing and
(c)(2)(i), (e)(2); 1206.458(c)(4), transportation allowances
(e)(2); 1206.461(c)(4), (e)(2). as a separate line on Form
MMS-4430 for arm's-length,
non-arm's-length, or no
contract sales, unless
ONRR 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
ONRR.
1210.202(a)(1) and (c)(1).......... Submit sales summaries via 0.50 900 450
electronic mail where
possible for all coal and
other solid minerals
produced from Federal and
Indian leases and for any
remote storage site.
1210.203(a)........................ Submit sales contracts, 1 30 30
agreements, and contract
amendments for sale of all
coal and other solid
minerals produced from
Federal and Indian leases
with ad valorem royalty
terms.
1210.204(a)(1)..................... Submit facility data if you 0.5 130 65
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.
-----------------------------------------------
1210.205(a) and (b)................ Submit detailed statements, AUDIT PROCESS--See Note.
documents, or other
evidence necessary to
verify compliance, as
requested.
----------------------------------------------------------------------------------------------------------------
Subpart H--Geothermal Resources
----------------------------------------------------------------------------------------------------------------
1210.351........................... Maintain geothermal records Hour burden covered under OMB Control Number
on microfilm, microfiche, 1012-0004.
or other recorded media.
-----------------------------------------------
1210.352........................... Submit additional 1 1 1
geothermal information on
special forms or reports.
-----------------------------------------------
1210.353........................... Submit completed Form MMS- Hour burden covered under OMB Control Number
2014 monthly once sales or 1012-0004.
utilization of geothermal
production occur.
----------------------------------------------------------------------------------------------------------------
Part 1212--Records and Forms Maintenance
Subpart E--Solid Minerals--General
----------------------------------------------------------------------------------------------------------------
1212.200(a)........................ Maintain all records 0.25 4,064 1,016
pertaining to Federal and
Indian solid minerals
leases for 6 years after
records are generated
unless the record holder
is notified, in writing.
----------------------------------------------------------------------------------------------------------------
Subpart H--Geothermal Resources
----------------------------------------------------------------------------------------------------------------
1212.351(a) and (b)................ Retain accurate and Hour burden covered under OMB Control Numbers
complete records necessary 1012-0004 (for Forms MMS-2014 and MMS-4054).
to demonstrate that
payments of royalties,
rentals, and other amounts
due under Federal
geothermal leases are in
compliance with laws,
lease terms, regulations,
and orders.
Maintain all records
pertaining to Federal
geothermal leases for 6
years after the records
are generated unless the
recordholder is notified
in writing.
----------------------------------------------------------------------------------------------------------------
Part 1217--Audits and Inspections
Subpart E--Coal
----------------------------------------------------------------------------------------------------------------
1217.200........................... Furnish, free of charge, AUDIT PROCESS--See Note.
duplicate copies of audit
reports that express
opinions on such
compliance with Federal
lease terms relating to
Federal royalties as
directed by the Director
for the Office of Natural
Resources Revenue.
----------------------------------------------------------------------------------------------------------------
[[Page 9739]]
Subpart F--Other Solid Minerals
----------------------------------------------------------------------------------------------------------------
1217.250........................... Furnish, free of charge, AUDIT PROCESS--See Note.
duplicate copies of annual
or other audits of your
books.
----------------------------------------------------------------------------------------------------------------
Subpart G--Geothermal Resources
----------------------------------------------------------------------------------------------------------------
1217.300........................... The Secretary, or his/her AUDIT PROCESS--See Note.
authorized representative,
will initiate and conduct
audits or reviews that
relate to compliance with
applicable regulations.
----------------------------------------------------------------------------------------------------------------
PART 1218--COLLECTION OF MONIES AND PROVISION
FOR GEOTHERMAL CREDITS AND INCENTIVES
Subpart E--Solid Minerals--General
----------------------------------------------------------------------------------------------------------------
1218.201(b); 1206.457(b); You must tender all 0.0055 1,368 8
1206.460(d). payments under Sec.
1218.51 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.
1218.203(a) and (b)................ Recoup an overpayment on 1 1 1
Indian mineral leases
through a recoupment on
Form MMS-4430 against the
current month's royalties
and submit the tribe's
written permission to ONRR.
----------------------------------------------------------------------------------------------------------------
Subpart F--Geothermal Resources
----------------------------------------------------------------------------------------------------------------
1218.300; 1218.301; 1218.304; Submit all rental and Hour burden covered under OMB Control Number
1218.305(a). deferred bonus payments 1012-0004.
when due and pay in value
all royalties due
determined by ONRR.
The payor shall tender all
payments.
Pay the direct use fees in
addition to the annual
rental due.
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 1206,
subpart H.
-----------------------------------------------
1218.306(a)(2)..................... You may receive a credit 4 1 4
against royalties if ONRR
approves in advance your
contract.
-----------------------------------------------
1218.306(b)........................ Pay in money any royalty Hour burden covered under OMB Control Number
amount that is not offset 1012-0004.
by the credit allowed
under this section.
----------------------------------------------------------------------------------------------------------------
TOTAL BURDEN 9,434 3,434
----------------------------------------------------------------------------------------------------------------
Note: Audit Process--The Office of Regulatory Affairs determined that the audit process is exempt form the
Paperwork Reduction Act of 1995 because ONRR staff asks non-standard questions to resolve exceptions.
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: We have identified no ``non-hour'' cost burdens associated with
the collection of information.
Public Disclosure Statement: The PRA (44 U.S.C. 3501 et seq. )
provides that an agency may not conduct or sponsor, and a person does
not have 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 60-day notice in the Federal Register * * * 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 that ONRR collects; 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 ``non-hour cost'' burden to respondents or record-keepers
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 that you use to estimate (1) major cost factors,
including system and technology acquisition, (2) expected useful life
of capital equipment, (3) discount rate(s), and (4) the period over
which you incur costs. Capital and startup costs include, among other
items, computers and software that you purchase to prepare
[[Page 9740]]
for collecting information and 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 to keep records for the Federal Government; or (iv) as
part of customary and usual business or private practices.
Public Comment Policy: We will summarize all comments that we
receive regarding this notice. We will publish that summary, including
names and addresses of respondents, at http://www.regulations.gov.
Before including your address, phone number, 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 from public view your personal
identifying information, we cannot guarantee that we will be able to do
so.
Information Collection Clearance Officer: Dave Alspach (202) 219-
8526.
Dated: February 1, 2013.
Gregory J. Gould,
Director, Office of Natural Resources Revenue.
[FR Doc. 2013-02959 Filed 2-8-13; 8:45 am]
BILLING CODE 4310-T2-P
