Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Notices 62289

disapprove the information collection 

but may respond after 30 days. 

Therefore, to ensure maximum 

consideration, OMB should receive 

public comments by November 24, 

2004. 

Public Comment Policy: We will post 

all comments in response to this notice 

on our Web site at http://

www.mrm.mms.gov/Laws_R_D/InfoColl/

InfoColCom.htm. We will also make 

copies of the comments available for 

public review, including names and 

addresses of respondents, during regular 

business hours at our offices in 

Lakewood, Colorado. Upon request, we 

will withhold an individual 

respondent’s home address from the 

public record, as allowable by law. 

There also may be circumstances in 

which we would withhold from the 

rulemaking record a respondent’s 

identity, as allowable by law. If you 

request that we withhold your name 

and/or address, state your request 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

MMS Information Collection 

Clearance Officer: Arlene Bajusz (202) 

208–7744.

Dated: September 10, 2004. 

Lucy Querques Denett, 

Associate Director for Minerals Revenue 

Management.

[FR Doc. 04–23785 Filed 10–22–04; 8:45 am] 

BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service 

Agency Information Collection 

Activities: Submitted for Office of 

Management and Budget (OMB) 

Review; Comment Request

AGENCY: Minerals Management Service 

(MMS), Interior.

ACTION: Notice of a revision of a 

currently approved information 

collection (OMB Control Number 1010–

0075). 

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 Part 206, Subpart E—Indian Gas. 

This notice also provides the public a 

second opportunity to comment on the 

paperwork burden of these regulatory 

requirements. We changed the title of 

this ICR to clarify the regulatory 

language we are covering under 30 CFR 

Part 206. The previous title was ‘‘Gas 

Processing and Transportation 

Allowances.’’ The new title is ‘‘30 CFR 

Part 206, Subpart E—Indian Gas, 

§ 206.178—How do I determine a 

transportation allowance? (Form MMS–

4295, Gas Transportation Allowance 

Report), and § 206.180—How do I 

determine an actual processing 

allowance? (Form MMS–4109, Gas 

Processing Allowance Summary 

Report).’’

DATES: Submit written comments on or 

before November 24, 2004.

ADDRESSES: Submit written comments 

by either fax (202) 395–6566 or e-mail 

(OIRA_Docket@omb.eop.gov) directly to 

the Office of Information and Regulatory 

Affairs, OMB, Attention: Desk Officer 

for the Department of the Interior (OMB 

Control Number 1010–0075). Mail or 

hand-carry a copy of your comments to 

Sharron L. Gebhardt, Lead Regulatory 

Specialist, Minerals Management 

Service, Minerals Revenue Management, 

P.O. Box 25165, MS 302B2, Denver, 

Colorado 80225. If you use an overnight 

courier service, our courier address is 

Building 85, Room A–614, Denver 

Federal Center, Denver, Colorado 80225. 

You may also e-mail your comments to 

us at mrm.comments@mms.gov. Include 

the title of the information collection 

and the OMB Control Number in the 

‘‘Attention’’ line of your comment. Also 

include your name and return address. 

Submit electronic comments as an 

ASCII file avoiding the use of special 

characters and any form of encryption. 

If you do not receive a confirmation that 

we have received your e-mail, contact 

Ms. Gebhardt at (303) 231–3211.

FOR FURTHER INFORMATION CONTACT:

Sharron L. Gebhardt, telephone (303) 

231–3211, FAX (303) 231–3781, e-mail 

Sharron.Gebhardt@mms.gov. You may 

also contact Sharron Gebhardt to obtain 

a copy at no cost of the form and 

regulations that require the subject 

collection of information.

SUPPLEMENTARY INFORMATION: Title: 30 

CFR Part 206, Subpart E—Indian Gas, 

§ 206.178—How do I determine a 

transportation allowance? (Form MMS–

4295, Gas Transportation Allowance 

Report), and § 206.180—How do I 

determine an actual processing 

allowance? (Form MMS–4109, Gas 

Processing Allowance Summary 

Report). 

OMB Control Number: 1010–0075. 

Bureau Form Number: Forms MMS–

4295 and MMS–4109. 

Abstract: The Secretary of the U.S. 

Department of the Interior is responsible 

for matters relevant to mineral resource 

development on Federal and Indian 

lands and the Outer Continental Shelf 

(OCS). The Secretary, under the Mineral 

Leasing Act (30 U.S.C. 1923) and the 

Outer Continental Shelf Lands Act (43 

U.S.C. 1353), is responsible for 

managing the production of minerals 

from Federal and Indian lands and the 

OCS, collecting royalties from lessees 

who produce minerals, and distributing 

the funds collected in accordance with 

applicable laws. 

The Secretary has an Indian trust 

responsibility to manage Indian lands 

and seek advice and information from 

Indian beneficiaries. The MMS performs 

the royalty management functions and 

assists the Secretary in carrying out the 

Department’s Indian trust responsibility. 

Applicable citations of the laws 

pertaining to mineral leases on Indian 

lands include 25 U.S.C. 396d (Chapter 

12—Lease, Sale, or Surrender of 

Allotted or Unallotted Lands); 25 U.S.C. 

2103 (Indian Mineral Development Act 

of 1982); and Public Law 97–451—Jan. 

12, 1983 (Federal Oil and Gas Royalty 

Management Act of 1982). 

When a company or an individual 

enters into a lease to explore, develop, 

produce, and dispose of minerals from 

Federal or Indian lands, that company 

or individual agrees to pay the lessor a 

share (royalty) of the value received 

from production from the leased lands. 

The lease creates a business relationship 

between the lessor and the lessee. The 

lessee is required to report various kinds 

of information to the lessor relative to 

the disposition of the leased minerals. 

Such information is similar to data 

reported to private and public mineral 

interest owners and is generally 

available within the records of the 

lessee or others involved in developing, 

transporting, processing, purchasing, or 

selling of such minerals. The 

information collected includes data 

necessary to ensure that the royalties are 

paid appropriately. 

Proprietary information submitted to 

MMS under this collection is protected, 

and no items of a sensitive nature are 

collected. The MMS requires a response 

to obtain the benefit of transportation or 

processing allowance on an Indian 

lease. 

Transportation Allowances—Under 

certain circumstances, lessees are 

authorized to deduct from royalty 

payments the reasonable actual costs of 

transporting the royalty portion of 

produced minerals from the lease to a 

processing or sales point not in the 

62290 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Notices 

immediate lease area. Transportation 

allowances are part of the product 

valuation process MMS uses to 

determine if the lessee is reporting and 

paying the proper royalty amount. 

Processing Allowances—When gas is 

processed for the recovery of gas plant 

products, lessees may claim a 

processing allowance. The MMS 

normally accepts the cost as stated in 

the lessee’s arm’s-length processing 

contract as being representative of the 

cost of the processing allowance. In 

those instances where gas is being 

processed through a lessee-owned plant, 

the lessee must base processing costs on 

the actual plant operating and 

maintenance expenses, depreciation, 

and a reasonable return on investment. 

The allowance is expressed as a cost per 

unit of individual gas plant products. 

Lessees may take processing allowances 

as a deduction from royalty payments. 

The MMS collects transportation 

allowance data on Form MMS–4295, 

Gas Transportation Allowance Report. 

The MMS collects processing allowance 

data on Form MMS–4109, Gas 

Processing Allowance Summary Report. 

The MMS and tribal personnel use the 

information collected on Forms MMS–

4295 and MMS–4109 to evaluate the 

reasonableness of allowances reported 

and claimed by lessees. To take a 

transportation deduction, a lessee must 

submit Form MMS–4295 before or in 

the same month the lessee reports the 

transportation allowance on Form 

MMS–2014, Report of Sales and Royalty 

Remittance (OMB Control Number 

1010–0140, expiration date October 31, 

2006). To take a processing deduction, 

a lessee must submit Form MMS–4109 

before or in the same month the lessee 

reports the processing allowance on 

Form MMS–2014. 

The MMS is requesting OMB’s 

approval to continue to collect this 

information. Not collecting this 

information may result in the 

undervaluation of leased minerals. 

Frequency: Annually and on occasion. 

Estimated Number and Description of 

Respondents: 50 Indian lessees. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 285 

hours. 

We base our calculations of the 

estimated burden hours on the 

reasonable expectation of 92 responses 

from 50 Indian lessees. We are 

including reporting requirements for 

arm’s-length contracts, which were 

overlooked in the previous renewal. 

Each company may file numerous 

responses for transportation and/or 

processing allowances due to arm’slength and/or non-arm’s-length 

contracts. Through customer contact, we 

have obtained more accurate estimates 

of the time required to provide the 

information requested. We have not 

included in our estimates certain 

requirements performed in the normal 

course of business and considered usual 

and customary. The following chart 

shows the estimated burden hours by 

CFR section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Citation

30 CFR 206

Subpart E 

Reporting and recordkeeping requirement Hour

burden 

Average number of annual 

responses 

Annual burden 

hours 

Indian Gas Transportation Allowances

206.178(a)(1)(i) ....................... How do I determine a transportation allowance? .................. 1 50 50 

(a) Determining a transportation allowance under an arm’slength contract. (1) * * * (i) * * * You are required to 

submit to MMS a copy of your arm’s-length transportation 

contract(s) and all subsequent amendments to the contract(s) within 2 months of the date MMS receives your 

report which claims the allowance on Form MMS–2014.

206.178(a)(1)(iii) ..................... How do I determine a transportation allowance? ..................

(a) Determining a transportation allowance under an arm’slength contract. (1) * * * (iii) If MMS determines that the 

consideration paid under an arm’s-length transportation 

contract does not reflect the value of the transportation 

because of misconduct by or between the contracting 

parties, or * * *. In these circumstances, MMS will notify 

you and give you an opportunity to provide written information justifying your transportation costs.

PRODUCE RECORDS 

The Office of Regulatory Affairs 

(ORA) determined that the audit 

process is not covered by the 

PRA because MMS staff asks 

non-standard questions to 

resolve exceptions. 

0 

206.178(b)(1)(ii) ...................... How do I determine a transportation allowance? * * * .........

(b) Determining a transportation allowance under an arm’slength contract or no contract. (1) * * *.

(ii) * * *. You must submit the actual cost information to 

support the allowance to MMS on Form MMS–4295, Gas 

Transportation Allowance Report, within 3 months after 

the end of the 12-month period to which the allowance 

applies. * * *.

15 7 105 

206.178(d)(1) .......................... How do I determine a transportation allowance? ..................

(d) Reporting your transportation allowance. .........................

(1) If MMS requests, you must submit all data used to determine your transportation allowance. * * *.

PRODUCE RECORDS 

The ORA determined that the 

audit process is not covered by 

the PRA because MMS staff 

asks non-standard questions to 

resolve exceptions. 

0 

Subtotal ............................ ................................................................................................. ........................ 57 155 

Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Notices 62291

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Citation

30 CFR 206

Subpart E 

Reporting and recordkeeping requirement Hour

burden 

Average number of annual 

responses 

Annual burden 

hours 

Indian Gas Processing Allowances

206.180(a)(1)(i) ....................... How do I determine an actual processing allowance? .......... 1 30 30 

(a) Determining a processing allowance if you have an 

arm’s-length processing contract.

(1) * * *.

(i) * * * You have the burden of demonstrating your contract is arm’s length. You are required to submit to MMS 

a copy of your arm’s length contract(s) and all subsequent amendments to the contract(s) within 2 months of 

the date MMS receives your first report that deducts the 

allowance on the Form MMS–2014.

206.180(a)(1)(iii) ..................... How do I determine an actual processing allowance? ..........

(a) Determining a processing allowance if you have an 

arm’s-length processing contract..

(1) * * * ..................................................................................

(iii) If MMS determines that the consideration paid under an 

arm’s-length processing contract does not reflect the 

value of the processing because of misconduct by or between the contracting parties, or * * *. In these circumstances, MMS will notify you and give you an opportunity to provide written information justifying your processing costs.

PRODUCE RECORDS 

The ORA determined that the 

audit process is not covered by 

the PRA because MMS staff 

asks non-standard questions to 

resolve exceptions. 

0 

206.180(b)(1)(ii) ...................... How do I determine an actual processing allowance? * * * 20 5 100 

(b) Determining a processing allowance if you have a nonarm’s-length contract or no contract. (1) * * *.

(ii) * * * You must submit the actual cost information to 

support the allowance to MMS on Form MMS–4109, Gas 

Processing Allowance Summary Report, within 3 months 

after the end of the 12-month period for which the allowance applies. * * *.

206.180(c)(1) .......................... How do I determine an actual processing allowance? * * *

(c) Reporting your processing allowance. (1) If MMS requests, you must submit all data used to determine your 

processing allowance. * * *.

PRODUCE RECORDS 

The ORA determined that the 

audit process is not covered by 

the PRA because MMS staff 

asks non-standard questions to 

resolve exceptions. 

0

Subtotal ............................ ................................................................................................. ........................ 35 130 

Total Burden ............. ................................................................................................. ........................ 92 285 

Estimated Annual Reporting and 

Recordkeeping ‘‘Non-hour’’ Cost 

Burden: We have identified no ‘‘nonhour’’ cost burdens. 

Public Disclosure Statement: The PRA 

(44 U.S.C. 3501 et seq.) provides that an 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a currently valid OMB Control 

Number. 

Comments: Section 3506(c)(2)(A) of 

the PRA requires each agency ‘‘* * * to 

provide notice * * * and otherwise 

consult with members of the public and 

affected agencies concerning each 

proposed collection of information 

* * *.’’ Agencies must specifically 

solicit comments to: (a) Evaluate 

whether the proposed collection of 

information is necessary for the agency 

to perform its duties, including whether 

the information is useful; (b) evaluate 

the accuracy of the agency’s estimate of 

the burden of the proposed collection of 

information; (c) enhance the quality, 

usefulness, and clarity of the 

information to be collected; and (d) 

minimize the burden on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

To comply with the public 

consultation process, we published a 

notice in the Federal Register on April 

26, 2004 (69 FR 22548), announcing that 

we would submit this ICR to OMB for 

approval. The notice provided the 

required 60-day comment period. We 

received no comments in response to 

the notice. 

If you wish to comment in response 

to this notice, you may send your 

comments to the offices listed under the 

ADDRESSES section of this notice. OMB 

has up to 60 days to approve or 

disapprove the information collection 

but may respond after 30 days. 

Therefore, to ensure maximum 

consideration, OMB should receive 

public comments by November 24, 

2004. 

Public Comment Policy: We will post 

all comments in response to this notice 

on our Web site at http://

www.mrm.mms.gov/Laws_R_D/InfoColl/

InfoColCom.htm. We will also make 

copies of the comments available for 

public review, including names and 

addresses of respondents, during regular 

business hours at our offices in 

Lakewood, Colorado. Upon request, we 

62292 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Notices 

will withhold an individual 

respondent’s home address from the 

public record, as allowable by law. 

There also may be circumstances in 

which we would withhold from the 

rulemaking record a respondent’s 

identity, as allowable by law. 

If you request that we withhold your 

name and/or address, state your request 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

MMS Information Collection 

Clearance Officer: Arlene Bajusz (202) 

208–7744.

Dated: September 20, 2004. 

Lucy Querques Denett, 

Associate Director for Minerals Revenue 

Management.

[FR Doc. 04–23786 Filed 10–22–04; 8:45 am] 

BILLING CODE 4310–MR–P

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–04–028] 

Sunshine Act Meeting

AGENCY HOLDING THE MEETING:

International Trade Commission.

TIME AND DATE: October 28, 2004 at 1 

p.m.

PLACE: Room 101, 500 E Street SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED:

1. Agenda for future meetings: none 

2. Minutes 

3. Ratification List 

4. Inv. No. 731–TA–244 (Second 

Review) (Natural Bristle Paintbrushes 

from China)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determination and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

November 9, 2004.) 

5. Outstanding action jackets: none 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting.

Issued: October 20, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–23935 Filed 10–21–04; 12:02 

pm] 

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—American Brush 

Manufacturers Association 

Notice is hereby given that, on 

September 17, 2004, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), the 

American Brush Manufacturers 

Association (‘‘ABMA’’) has filed written 

notifications simultaneously with the 

Attorney General and the Federal Trade 

Commission disclosing (1) the name and 

principal place of business of the 

standards development organization 

and (2) the nature and scope of its 

standards development activities. The 

notifications were filed for the purpose 

of invoking the Act’s provisions limiting 

the recovery of antitrust plaintiffs to 

actual damages under specified 

circumstances. 

Pursuant to Section 6(b) of the Act, 

the name and principal place of 

business of the standards development 

organization is: American Brush 

Manufacturers Association, Aurora, IL. 

The nature and scope of ABMA’s 

standards development activities are: To 

maintain voluntary standards for the 

brush manufacturers industry that assist 

users and consumers in the 

standardization of safety requirements 

regarding power driven brushes and 

labeling requirements concerning 

upright brooms and wet mops.

Dorothy B. Fountain, 

Deputy Director of Operations, Antitrust 

Division.

[FR Doc. 04–23782 Filed 10–22–04; 8:45 am] 

BILLING CODE 4410–11–M

DEPARTMENT OF JUSTICE

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Blu-Ray Disc Founders 

Notice is hereby given that, on 

September 20, 2004, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), Bluray Disc Founders (‘‘BDF’’) has filed 

written notifications simultaneously 

with the Attorney General and the 

Federal Trade Commission disclosing 

(1) the name and principal place of 

business of the standards development 

organization and (2) the nature and 

scope of its standards development 

activities. The notifications were filed 

for the purpose of invoking the Act’s 

provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Pursuant to Section 6(b) of the Act, 

the name and principal place of 

business of the standards development 

organization is: Blu-ray Disc Founders, 

Tokyo, Japan. The nature and scope of 

BDF’s standards development activities 

are: (1) To establish the Blu-ray Disc 

Format for each application, as well as 

revisions, improvements and extensions 

of such Blu-ray Disc Format; (2) to 

organize activities to verify the 

compliance with the Blu-ray Disc 

Format and enable the broad acceptance 

of the Blu-ray Disc Format; (3) to 

promote the Blu-ray Disc Format as the 

format for recording, playback, storage 

and distribution of large volume 

content, including high definition 

content; and (4) to license the Blu-ray 

Disc Format and the Blu-ray Disc Logo.

Dorothy B. Fountain, 

Deputy Director of Operations, Antitrust 

Division.

[FR Doc. 04–23781 Filed 10–22–04; 8:45 am] 

BILLING CODE 4410–11–M

DEPARTMENT OF JUSTICE

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Insulated Cable 

Engineers Association, Inc. 

Notice is hereby given that, on 

September 16, 2004, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

Insulated Cable Engineers Association, 

Inc. (‘‘ICEA’’) has filed written 

notifications simultaneously with the 

Attorney General and the Federal Trade 

Commission disclosing (1) the name and 

principal place of business of the 

standards development organization 

and (2) the nature and scope of its 

standards development activities. The 

notifications were filed for the purpose 

of invoking the Act’s provisions limiting 

the recovery of antitrust plaintiffs to 

actual damages under specified 

circumstances. 

Pursuant to Section 6(b) of the Act, 

the name and principal place of 

business of the standards development 

organization is: Insulated Cable 

Engineers Association, Inc., Carrollton, 

GA. The nature and scope of ICEA’s 

standards development activities are: 

Since 1925 ICEA has written, published 

and maintained Papers, Standards and