46448 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 

Number Of 

respondents 

Annual 

responses x Hours Per response = Burden Hours 

Reporting burden .................................................................. 128 1 ...... 26 ...... 3,328 

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. 

DATE: 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 

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 

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 46449 

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 

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 

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. 

Citation 30 CFR 203 Reporting or recordkeeping requirement 30 CFR part 203 Hour 

burden 

Average No. 

of annual 

responses 

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. 

0 

Subtotal ........................................................................................................................................................... 59 ..................... 117 

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 .............. 1 application 

every 3 years.

34 (rounded) 

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 

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) ....... 661 

Subtotal ........................................................................................................................................................... $28,397 fees 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
46450 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 

Citation 30 CFR 203 Reporting or recordkeeping requirement 30 CFR part 203 Hour 

burden 

Average No. 

of annual 

responses 

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 

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 .............. 1 application 

every 3 years.

300 

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 .................. 1 letter every 3 

years.

1 (rounded) 

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 request every 

3 years.

1 (rounded) 

81; 83–90 ................................ Required reports; extension justification .................................. Burden included with 

applications 0 

83; NTL ................................... Application—short form to add or assign pre-Act lease and 

required supporting documentation.

40 ................ 1 application 

every 3 years.

14 (rounded) 

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

3 (rounded) ....... 1,841 

Subtotal ........................................................................................................................................................... $48,627 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46451 

Citation 30 CFR 203 Reporting or recordkeeping requirement 30 CFR part 203 Hour 

burden 

Average No. 

of annual 

responses 

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).8 .................. 2 recordkeepers 16 

Subtotal ........................................................................................................................................................... 2 recordkeepers 16 

...................................................................................................................................................................... 68 ..................... 2,635 

Total Annual Burden ..................................................................................................................................... $122,024 Fees 

* 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 

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 

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 


cprice-sewell on DSK2BSOYB1PROD with NOTICES