1010-0071 30-day notice

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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
Number Of
respondents

Reporting burden ..................................................................

Total Estimated Burden Hours: 3,328.
Status: Extension of a currently
approved collection.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 35, as
amended.
Dated: September 2, 2009.
Lillian Deitzer,
Departmental Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. E9–21730 Filed 9–8–09; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2009–OMM–0004]

MMS Information Collection Activity:
1010–0071, Relief or Reduction in
Royalty Rates, Extension of a
Collection; Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Notice of extension of an
information collection (1010–0071).
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 203, Relief or Reduction in
Royalty Rates, and related documents.
This notice also provides the public a
second opportunity to comment on the
paperwork burden of these regulatory
requirements.

Submit written comments by
October 9, 2009.
ADDRESSES: You should submit
comments directly to the Office of
Information and Regulatory Affairs,
OMB, Attention: Desk Officer for the
Department of the Interior (1010–0071),
either by fax (202) 395–5806 or e-mail
(OIRA_DOCKET@omb.eop.gov). Please
also send a copy to MMS by either of
the following methods:
• Electronically: Go to http://
www.regulations.gov. Under the tab
More Search Options, click Advanced
Docket Search, then select Minerals
Management Service from the agency
drop-down menu, then click submit. In

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DATE:

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128

Annual
responses

x
1

the Docket ID column, select MMS–
2009–OMM–0004 to submit public
comments and to view supporting and
related materials available. Information
on using Regulations.gov, including
instructions for accessing documents,
submitting comments, and viewing the
docket after the close of the comment
period, is available through the site’s
User Tips link. The MMS will post all
comments.
• Mail or hand-carry comments to the
Department of the Interior; Minerals
Management Service; Attention: Cheryl
Blundon; 381 Elden Street, MS–4024;
Herndon, Virginia 20170–4817. Please
reference Information Collection 1010–
0071 in your subject line and include
your name and address.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Regulations and
Standards Branch, (703) 787–1607. You
may also contact Cheryl Blundon to
obtain a copy, at no cost, of the
regulation that requires the subject
collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 203, Relief or Reduction
in Royalty Rates.
OMB Control Number: 1010–0071.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, as amended by Public
Law 104–58, Deep Water Royalty Relief
Act (DWRRA), gives the Secretary of the
Interior (Secretary) the authority to
reduce or eliminate royalty or any net
profit share specified in OCS oil and gas
leases to promote increased production.
The DWRRA also authorized the
Secretary to suspend royalties when
necessary to promote development or
recovery of marginal resources on
producing or non-producing leases in
the Gulf of Mexico (GOM) west of 87
degrees, 30 minutes West longitude.
Section 302 of the DWRRA provides
that new production from a lease in
existence on November 28, 1995, in a
water depth of at least 200 meters, and
in the GOM west of 87 degrees, 30
minutes West longitude qualifies for
royalty suspension in certain situations.
To grant a royalty suspension, the
Secretary must determine that the new
production or development would not
be economic in the absence of royalty
relief. The Secretary must then
determine the volume of production on
which no royalty would be due in order
to make the new production from the
lease economically viable. This
determination is done on a case-by-case

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Hours Per
response

......

26

=
......

Burden Hours
3,328

basis. Production from leases in the
same water depth and area issued after
November 28, 2000, also can qualify for
royalty suspension in addition to any
that may be included in their lease
terms.
In addition, Federal policy and statute
require us to recover the cost of services
that confer special benefits to
identifiable non-Federal recipients. The
Independent Offices Appropriation Act
(31 U.S.C. 9701), Office of Management
and Budget (OMB) Circular A–25, and
the Omnibus Appropriations Bill (Pub.
L. 104–133 110 Stat. 1321, April 26,
1996) authorize the Minerals
Management Service (MMS) to collect
these fees to reimburse us for the cost
to process applications or assessments.
Regulations at 30 CFR part 203
implement these statutes and policy and
require respondents to pay a fee to
request royalty relief. Section 203.3
states that, ‘‘We will specify the
necessary fees for each of the types of
royalty-relief applications and possible
MMS audits in a Notice to Lessees. We
will periodically update the fees to
reflect changes in costs as well as
provide other information necessary to
administer royalty relief.’’
The MMS uses the information to
make decisions on the economic
viability of leases requesting a
suspension or elimination of royalty or
net profit share. These decisions have
enormous monetary impacts to both the
lessee and the Federal Government.
Royalty relief can lead to increased
production of natural gas and oil,
creating profits for lessees and royalty
and tax revenues for the government
that they might not otherwise receive.
We could not make an informed
decision without the collection of
information required by 30 CFR part
203.
Regulations implementing these
responsibilities are under 30 CFR part
203. Responses are mandatory or are
required to obtain or retain a benefit. No
questions of a sensitive nature are
asked. The MMS protects information
considered proprietary according to 30
CFR parts 203.63 and 250, and the
Freedom of Information Act (5 U.S.C.
552) and its implementing regulations
(43 CFR part 2).
Frequency: On occasion.
Description of Respondents: Potential
respondents comprise Federal OCS oil
and gas lessees and/or operators. It
should be noted that not all of the

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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
potential respondents will submit
information in any given year and some
may submit multiple times.
Estimated Reporting and
Recordkeeping Hour Burden: The
estimated annual hour burden for this
Citation 30 CFR 203

information collection is a total of 2,635
hours. The following chart details the
individual components and estimated
hour burdens. In calculating the
burdens, we assumed that respondents

Reporting or recordkeeping requirement 30 CFR part 203

perform certain requirements in the
normal course of their activities. We
consider these to be usual and
customary and took that into account in
estimating the burden.
Average No.
of annual
responses

Hour
burden

Annual
burden
hours

Application/Audit Fees
2(b); 3; 4; 70 ...........................

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

0

Royalty Relief for Ultra-Deep Gas Wells and Deep Gas Wells on Shallow Water Leases
31(c) ........................................

Request a refund of or recoup royalties from qualified ultradeep wells.

1 ..................

1 request ..........

1

35(d); 44(e) .............................

Request to extend the deadline for beginning production with
required supporting documentation.

4 ..................

2 requests ........

8

41(d) ........................................

Request a refund of or recoup royalties from qualified wells
>200 meters but <400 meters.

1 ..................

1 request ..........

1

35(a); 44(a); 47(a) ..................

Notify MMS of intent to begin drilling .......................................

1 ..................

27 notifications

27

35(c), (d); 44(b), (d), (e) .........

Notify MMS that production has begun, request confirmation
of the size of RSV, provide supporting documentation.

2 ..................

24 notifications

48

46 ............................................

Provide data from well to confirm and attest well drilled was
an unsuccessful certified well with supporting documentation and request supplement.

8 ..................

4 responses ......

32

49(b) ........................................

Notify MMS or decision to exercise option to replace one set
of deep gas royalty suspension terms for another set of
such terms.

The MMS SOL requires that this
reg text stay for legacy purposes only. Last time any respondent could use was
2004; hence, no burden.

Subtotal ...........................................................................................................................................................

0

59 .....................

117

1 application
every 3 years.

34 (rounded)

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

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

100 ..............

application 1⁄3 × $8,000 = $2,667 (rounded)*
audit 1⁄3 × $12,500 = $4,167 (rounded)
52 ............................................

Demonstrate ability to qualify for royalty relief or to re-qualify

1 ..................

1 response .......

1

55 ............................................

Renounce relief arrangement (end-of-life) (seldom, if ever will
be used; minimal burden to prepare letter).

1 ..................

1 letter every 3
years.

1 (rounded)

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

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

250 ..............

1 application
every 2 years.

125

application 1⁄2 × $8,000** = $4,000 audit 1⁄4 ×
$12,500 = $3,125

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

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

1,000 ...........

1 application
every 2 years.

500

application 1⁄2 × $19,500** = $9,750 audit 1⁄4 ×
$18,750 = $4,688
3 (rounded) .......
Subtotal ...........................................................................................................................................................

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$28,397 fees

46450

Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices

Citation 30 CFR 203

Reporting or recordkeeping requirement 30 CFR part 203

Average No.
of annual
responses

Hour
burden

Annual
burden
hours

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

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

Burden included with
applications

0

1 CPA report × $45,000 each = $45,000
Subtotal ...........................................................................................................................................................

1 .......................

$45,000

1 application
every 3 years.

300

Deep Water Royalty Relief Act (DWRAA)
61; 62; 64; 65; 71; 83; 85–89;
NTL.

Application—preview assessment (seldom if ever will be
used as applicants generally opt for binding determination
by MMS instead) and required supporting documentation.

900 ..............

application 1⁄3 × $28,500 = $9,500
62; 64; 65; 71; 83; 85–89 .......

Application—leases in designated areas of GOM deep water
acquired in lease sale before 11/28/95 or after 11/28/00
and are producing (deep water expansion project); required supporting documentation.

2,000 ...........

1 application
every 3 years.

667 (rounded)

application 1⁄3 × $19,500 = $6,500
62; 64; 65; 203.71; 81; 83;
85–89; NTL.

Application—leases in designated areas of deep water GOM,
acquired in lease sale before 11/28/95 or after 11/28/00
that have not produced (pre-act or post-2000 deep water
leases); required supporting documentation.

2,000 ...........

1 application
every 3 years.

667 (rounded)

application 1⁄3 × $34,000 = $11,334 (rounded)*
audit 1⁄3 × $37,500 = $12,500
70; 81; 90; 91 .........................

Submit fabricator’s confirmation report; extension justification

20 ................

1 report every 3
years.

7 (rounded)

70; 81; 90; 92; NTL ................

Submit post-production development report; extension justification. # Reserve right to audit (1 audit every 6 years)
after production starts to confirm cost estimates of the application.

50 ................

1 report* every 3
years.

17 (rounded)

# audit 1⁄6 × $18,750 = $3,125
74; 75; NTL .............................

Redetermination and required supporting documentation .......

500 ..............

1 redetermination every 3
years.

167 (rounded)

application 1⁄3 × $16,000 = $5,334 (rounded)*
77 ............................................

Renounce relief arrangement (deep water) (seldom, if ever
will be used; minimal burden to prepare letter).

1 ..................

79(a) ........................................

Request reconsideration of MMS field designation .................

This was a regulatory requirement for leases issued prior to
1995

0

79(c) ........................................

Request extension of deadline to start construction ...............

2 ..................

1 (rounded)

81; 83–90 ................................

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

cprice-sewell on DSK2BSOYB1PROD with NOTICES

83; NTL ...................................

Application—short form to add or assign pre-Act lease and
required supporting documentation.

1 letter every 3
years.

1 request every
3 years.

Burden included with
applications
40 ................

1 (rounded)

0

1 application
every 3 years.

14 (rounded)

application 1⁄3 × $1,000 = $334 (rounded)
3 (rounded) .......
Subtotal ...........................................................................................................................................................

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$48,627

46451

Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
Hour
burden

Average No.
of annual
responses

8 ..................

2 recordkeepers

16

Subtotal ...........................................................................................................................................................

2 recordkeepers

16

......................................................................................................................................................................
Total Annual Burden .....................................................................................................................................

68 ..................... 2,635
$122,024 Fees

Citation 30 CFR 203

Reporting or recordkeeping requirement 30 CFR part 203

Annual
burden
hours

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

Retain supporting cost records for post-production development/fabrication reports (records retained as usual/customary business practice; minimal burden to make available at MMS request).

cprice-sewell on DSK2BSOYB1PROD with NOTICES

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

Estimated Reporting and
Recordkeeping Non-Hour Cost Burden:
There are two non-hour costs associated
with this information collection. The
estimated non-hour cost burden is
$122,024. This estimate is based on:
(a) Application and audit fees. The
total annual estimated cost burden for
these fees is $77,024 (refer to burden
chart).
(b) Cost of reports prepared by
independent certified public
accountants. Under § 203.81, a report
prepared by an independent certified
public accountant must accompany the
application and post-production report
(expansion project, short form, and
preview assessment applications are
excluded). The OCS Lands Act
applications will require this report
only once; the DWRRA applications will
require this report at two stages—with
the application and post-production
development report for successful
applicants. MMS estimates
approximately one submission each
year at an average cost of $45,000 per
report, for a total estimated annual cost
burden of $45,000.
The total of the two burdens is
estimated at $122,024.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. Until OMB approves a
collection of information, you are not
obligated to respond.
Comments: Section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501, et seq.)
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

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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, on April 22, 2009,
we published a Federal Register notice
(74 FR 18393) announcing that we
would submit this ICR to OMB for
approval. The notice provided the
required 60-day comment period. In
addition, § 203.82 provides the OMB
control number for the information
collection requirements imposed by the
30 CFR part 203 regulations. The
regulation also informs the public that
they may comment at any time on the
collections of information and provides
the address to which they should send
comments. We have received no
comments in response to these efforts.
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. The
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 October 9, 2009.
Public Availability of Comments:
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your

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personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
MMS Information Collection
Clearance Officer: Arlene Bajusz, (202)
208–7744.
Dated: June 23, 2009.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E9–21708 Filed 9–8–09; 8:45 am]
BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AA–11126; LLAK–962000–L14100000–
HY0000–P]

Alaska Native Claims Selection
AGENCY: Bureau of Land Management,
Interior.
ACTION: Notice of decision approving
lands for conveyance.
SUMMARY: As required by 43 CFR
2650.7(d), notice is hereby given that an
appealable decision approving the
conveyance of surface and subsurface
estates for certain lands pursuant to the
Alaska Native Claims Settlement Act
will be issued to Ahtna, Incorporated for
773.78 acres located southwesterly of
the Native village of Tazlina, Alaska.
Notice of the decision will also be
published four times in the Anchorage
Daily News.
DATES: The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by

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