Form BOEMRE Form MMS-43 BOEMRE Form MMS-43 Request to Exceed Regulatory Allowance Limitation

U.S. Department of the Interior
Bureau of Ocean Energy Management,
Regulation, and Enforcement

1

Request to Exceed
Regulatory Allowance Limitation
BOEMRE Form MMS-4393

OMB Control Number 1010-0136
OMB Approval Expires 06/30/2012

PROJECT NO.

BOEMRE USE

RECEIPT DATE (MM/DD/CCYY)

/

/

UPDATE:

ADD

/ CHANGE / DEACTIVATE (circle one)

DECISION DATE (MM/DD/CCYY)

/

/

APPROVED / DENIED / BOTH (circle one)

PROJECT COMMENTS:
2

PAYOR CODE: ________________________

3

REPORTING PERIOD
FROM: _____________ TO: ________________

4

REQUEST TO EXCEED ALLOWANCE
LIMIT FOR (circle one):

Oil Transportation (Federal)
Oil Transportation (Indian)
Gas Transportation (Federal)
Gas Transportation (Indian)
Gas Processing (Federal Only)
BOEMRE 11
9
10
LEASE
LINE A/D
NUMBER
NO.

5

PAYOR NAME:

6

PAYOR ADDRESS:

7

PAYOR CONTACT:

8

TELEPHONE: (

12

13

)

14

BOEMRE USE
15

AGREEMENT
NUMBER

SALES
PROD TYPE
CODE CODE A/C/D

16
LINE COMMENTS

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Paperwork Reduction Act of 1995 (PRA) Statement: The PRA (44 U.S.C. 3501 et seq.) requires us to inform you that we collect this information to ensure that
royalties are paid properly. The BOEMRE uses the information to determine whether the lessee qualifies for an exception to the allowance limitation regulations at
30 CFR part 206. Responses are required to obtain a benefit. Proprietary information is protected in accordance with standards established by the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1733), the Freedom of Information Act (5 U.S.C. 552(b)(4)), and the Department regulations (43 CFR 2). An
agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.
Public reporting burden for this form is estimated to average 60 hours per response, including the time for reviewing instructions, gathering and maintaining data,
and completing and reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form to the Information Collection Clearance
Officer, Bureau of Ocean Energy Management, Regulation, and Enforcement, Mail Stop 5438, 1849 C Street, NW., Washington, DC 20240.

BOEMRE Form MMS-4393

Page 1 of 3

Request to Exceed Regulatory Allowance Limitation
BOEMRE Form MMS-4393
General Instructions
The BOEMRE Form MMS-4393 is used by the reporter to ensure that BOEMRE receives the lease data
required to make a decision on the request to exceed the regulatory allowance limitations by including the
lease number, the agreement number (if applicable), the product code, and the sales type code for the product
being processed or transported.
In accordance with 30 CFR 206.109 for Federal oil, §206.156 for Federal gas, §206.54
for Indian oil, and §206.177 for Indian gas, your transportation allowance deduction at the sales
type code level may not exceed 50 percent of the value of the oil, unprocessed gas, residue gas, or gas
plant product. Upon request of a lessee, BOEMRE may approve a transportation allowance deduction in
excess of the limitations. To receive this approval, the lessee must demonstrate that the transportation
costs incurred in excess of the limitations were reasonable, actual, and necessary. Under no
circumstances may an allowance reduce the value for royalty purposes under any individual contractual
arrangement to zero. An application for exception (using BOEMRE Form MMS–4393, Request to Exceed
Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for
BOEMRE to make a determination.
In accordance with §206.158 for Federal gas, the processing allowance deduction on the basis of
an individual contractual arrangement may not exceed 66 2/3 percent of the value of each gas plant
product (such a value to be reduced first for any transportation allowances related to postprocessing
transportation authorized by §206.156). Upon request of a lessee, BOEMRE may approve a
processing allowance in excess of the regulatory allowance limitation. The lessee must demonstrate that
the processing costs incurred in excess of the regulatory allowance limitation were reasonable, actual, and
necessary. An application for exception (using BOEMRE Form MMS–4393, Request to Exceed Regulatory
Allowance Limitation) must contain all relevant and supporting documentation necessary for BOEMRE to
make a determination. Please note that lessee’s on Indian lands are not allowed to exceed the regulatory
processing allowance limit of 66 2/3 percent.

BOEMRE Form MMS-4393 (revised 9/2010)

Page 2 of 3

Line-by-Line Instructions
1. For BOEMRE use only.
2. Enter the payor code used to report royalties and allowance deductions on BOEMRE
Form MMS-2014.
3. Enter the reporting period “From” and “To” dates in which the allowance reported on BOEMRE
Form MMS-2014 may exceed the regulatory allowance limitations. Note: If the lessee anticipates
exceeding the regulatory limit for only certain months of the year, the lessee may submit a request
with a reporting period that covers the entire year. The reporting period will begin the first day of the
calendar year or when the transportation or processing contract begins, is modified or amended, and
will end the last day of the calendar year or when the transportation or processing contract or rate
terminates, is modified or amended whichever is earlier.
4. Circle the type of allowance for which you are requesting an exception to the regulatory limitations.
Note: Only one type of allowance may be circled per form. Therefore, if the lessee is requesting to
exceed the 50 percent regulatory allowance limitation for gas transportation and also requesting to
exceed the 66 2/3 percent regulatory allowance limitation for Federal gas processing, then the lessee
must submit two separate BOEMRE Forms MMS-4393.
5. Enter the payor name used to report royalties and transportation/processing deductions on BOEMRE
Form MMS-2014.
6. Enter the payor address used to report royalties and transportation/processing deductions on BOEMRE
Form MMS-2014.
7. Enter the payor contact name of the person who completed the BOEMRE Form MMS-4393.
8. Enter the telephone number of the payor contact listed above.
9. For BOEMRE use only. (Note: If the number of lease number/agreement number/product code/sales type
code combinations being listed exceeds the number of lines on the BOEMRE Form MMS-4393, use
additional BOEMRE Forms MMS-4393.)
10. For BOEMRE use only.
11. Enter the same lease number as reported on BOEMRE Form MMS-2014.
12. Enter the same agreement number as reported on BOEMRE Form MMS-2014.
13. Enter the same product code as reported on BOEMRE Form MMS-2014.
14. Enter the same sales type code reported on BOEMRE Form MMS-2014.
15. For BOEMRE use only.
16. For BOEMRE use only.

BOEMRE Form MMS-4393 (revised 9/2010)

Page 3 of 3