Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices 13619 

Mugu, California, for the purpose of 

enhancing the species’ survival. 

Permit No. TE–045994 

Applicant: United States Geological 

Survey, Western Ecological Research 

Center, San Diego, California 

The applicant requests a permit 

amendment to take (harass by survey, 

capture, handle, mark, tag, and release 

at point of capture, collect voucher 

specimens, collect tissue samples and 

swab, conduct radio telemetry, 

transport, captive breed and rear, 

remove infertile eggs from egg masses 

released from captivity, and release to 

the wild (translocate) the mountain 

yellow-legged frog (southern California 

DPS) (Rana muscosa) in conjunction 

with surveys and population monitoring 

activities within Bear Creek, Angeles 

National Forest, Los Angeles County, 

and to take (inoculate with symbiotic 

bacteria) the mountain yellow-legged 

frog (southern California DPS) in 

conjunction with chytrid fungal 

protection throughout the range of the 

species in California for the purpose of 

enhancing the species’ survival. 

Permit No. TE–59158B 

Applicant: Darren Newman, North Fork, 

California 

The applicant requests a permit to 

take (capture, collect, and collect 

vouchers) the Conservancy fairy shrimp 

(Branchinecta conservatio), longhorn 

fairy shrimp (Branchinecta 

longiantenna), San Diego fairy shrimp 

(Branchinecta sandiegonensis), 

Riverside fairy shrimp (Streptocephalus 

woottoni), vernal pool tadpole shrimp 

(Lepidurus packardi), to take (harass by 

survey, capture, handle and release) the 

Fresno kangaroo rat (Dipodomys 

nitratoides exilis), giant kangaroo rat 

(Dipodomys ingens), Morro Bay 

kangaroo rat (Dipodomys heermanni 

morroensis), Tipton kangaroo rat 

(Dipodomys nitratoides nitratoides), 

Pacific pocket mouse (Perognathus 

longimembris pacificus), and Buena 

Vista Lake ornate shrew (Sorex ornatus 

relictus), and to take (harass by survey, 

capture, handle, and release) the 

California tiger salamander (Santa 

Barbara County DPS and Sonoma 

County DPS) (Ambystoma californiense) 

in conjunction with survey activities 

throughout the range of the species in 

California for the purpose of enhancing 

the species’ survival. 

Permit No. TE–829554 

Applicant: Barbara Kus, San Diego, 

California 

The applicant requests a permit 

renewal to take (locate and monitor 

nests, capture, handle, measure, weigh, 

band, color-band, release, collect body 

and tail feathers and blood, and remove 

brown-headed cowbird (Molothrus ater) 

eggs and chicks from parasitized nests) 

the least Bell’s vireo (Vireo bellii 

pusillus), and take (harass by survey, 

locate and monitor nests, capture, 

handle, measure, weigh, band, colorband, release, collect body feathers and 

blood, and remove brown-headed 

cowbird eggs and chicks from 

parasitized nests) the southwestern 

willow flycatcher (Empidonax traillii 

extimus), in conjunction with 

population monitoring and genetic 

studies throughout the range of each 

species in California, Arizona, and New 

Mexico for the purpose of enhancing the 

species’ survival. 

Permit No. TE–085026 

Applicant: Jeff Steinman, San Francisco, 

California 

The applicant requests a permit 

renewal and amendment to take (locate 

and monitor nests and remove brownheaded cowbird (Molothrus ater) eggs 

and chicks from parasitized nests) the 

least Bell’s vireo (Vireo bellii pusillus), 

take (harass by survey, locate and 

monitor nests, and remove brownheaded cowbird eggs and chicks from 

parasitized nests) the southwestern 

willow flycatcher (Empidonax traillii 

extimus), and take (harass by survey) 

the yellow-billed cuckoo (western DPS) 

(Coccyzus americanus) in conjunction 

with survey and population monitoring 

throughout the range of the species in 

California and Arizona for the purpose 

of enhancing the species’ survival. 

Permit No. TE–027427 

Applicant: Jeff A. Alvarez, Sacramento, 

California 

The applicant requests a permit 

amendment to take (collect soil 

containing federally listed fairy shrimp 

cysts (eggs), translocate, and inoculate 

cysts into restored vernal pools) the 

longhorn fairy shrimp (Branchinecta 

longiantenna) in conjunction with 

vernal pool restoration and population 

enhancement activities at the Kellogg 

Creek Vernal Pool Complex, Los 

Vaqueros Watershed, Contra Costa 

County, California, for the purpose of 

enhancing the species survival. 

Public Comments 

We invite public review and comment 

on each of these recovery permit 

applications. Comments and materials 

we receive will be available for public 

inspection, by appointment, during 

normal business hours at the address 

listed in the ADDRESSES section of this 

notice. 

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 your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Michael Long, 

Acting Regional Director, Pacific Southwest 

Region, Sacramento, California. 

[FR Doc. 2015–05900 Filed 3–13–15; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

[Docket No. ONRR–2011–0021; DS63610000 

DR2PS0000.CH7000 145D0102R2] 

Office of Natural Resources Revenue; 

Agency Information Collection 

Activities: 30 CFR Parts 1202, 1206, 

and 1207, Indian Oil & Gas Valuation— 

Comment Request 

AGENCY: Office of Natural Resources 

Revenue (ONRR), Interior. 

ACTION: Notice of extension. 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), ONRR is inviting comments on a 

collection of information requests that 

we will submit to the Office of 

Management and Budget (OMB) for 

review and approval. This Information 

Collection Request (ICR) covers the 

paperwork requirements in the 

regulations under title 30, Code of 

Federal Regulations (CFR), parts 1202, 

1206, and 1207. Also, there are five 

forms associated with this information 

collection. 

DATES: Submit written comments on or 

before May 15, 2015. 

ADDRESSES: You may submit comments 

on this ICR to ONRR by using one of the 

following three methods (please 

reference ‘‘ICR 1012–0002’’ in your 

comments): 

1. Electronically go to http://

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– 

2011–0021’’ and then click ‘‘Search.’’ 


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13620 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices 

Follow the instructions to submit public 

comments. ONRR will post all 

comments. 

2. Mail comments to Mr. Luis Aguilar, 

Regulatory Specialist, ONRR, P.O. Box 

25165, MS 61030A, Denver, Colorado 

80225–0165. 

3. Hand-carry or mail comments, 

using 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: For 

any questions, contact Mr. Luis Aguilar, 

telephone (303) 231–3418, or email at 

Luis.Aguilar@onrr.gov. You may also 

contact Mr. Aguilar 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. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The Secretary of the United States 

Department of the Interior is responsible 

for collecting royalties from lessees who 

produce minerals from leased Federal 

and Indian lands and the Outer 

Continental Shelf (OCS). The Secretary’s 

responsibility, under 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. ONRR 

performs the royalty management 

functions for the Secretary. 

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/PubLaws/

default.htm. 

Indian tribes and individual Indian 

mineral owners receive all royalties 

generated from their lands. Determining 

product valuation is essential to ensure 

that Indian tribes and individual Indian 

mineral owners receive payment on the 

full value of the minerals removed from 

their lands. Failure to collect the data 

described in this information collection 

could result in the undervaluation of 

leased minerals on Indian lands. 

Indian Oil 

Regulations at 30 CFR part 1206, 

subpart B, govern the valuation for 

royalty purposes of all oil produced 

from Indian oil and gas leases (tribal 

and allotted), except leases on the Osage 

Indian Reservation, and are consistent 

with mineral leasing laws, other 

applicable laws, and lease terms. 

Generally, the regulations provide that 

lessees determine the value of oil based 

upon the higher of (1) the gross 

proceeds under an arm’s-length 

contract; or (2) major portion analysis. 

The value determined by the lessee may 

be eligible for a transportation 

allowance. 

From information collected on Form 

ONRR–4110, Oil Transportation 

Allowance Report, ONRR and tribal 

audit personnel evaluate (1) whether 

lessee-reported transportation 

allowances are within regulatory 

allowance limitations and calculated in 

accordance with applicable regulations; 

and (2) whether the lessees reported and 

paid the proper amount of royalties. 

Indian Gas 

Regulations at 30 CFR part 1206, 

subpart E, govern the valuation for 

royalty purposes of natural gas 

produced from Indian oil and gas leases 

(tribal and allotted). The regulations 

apply to all gas production from Indian 

oil and gas leases, except leases on the 

Osage Indian Reservation. 

Most Indian leases contain the 

requirement to perform accounting for 

comparison (dual accounting) for gas 

produced from the lease. Lessees must 

elect to perform actual dual accounting 

as defined in 30 CFR 1206.176 or 

alternative dual accounting as defined 

in 30 CFR 1206.173. Lessees use Form 

ONRR–4410, Accounting for 

Comparison [Dual Accounting], to 

certify that dual accounting is not 

required on an Indian lease or to make 

an election for actual or alternative dual 

accounting for Indian leases. 

The regulations require lessees to 

submit Form ONRR–4411, Safety Net 

Report, when gas production from an 

Indian oil or gas lease is sold beyond the 

first index pricing point. The safety net 

calculation establishes the minimum 

value, for royalty purposes, of natural 

gas production from Indian oil and gas 

leases. This reporting requirement 

ensures that Indian lessors receive all 

royalties due and aids ONRR 

compliance efforts. 

From information collected on Form 

ONRR–4295, Gas Transportation 

Allowance Report, ONRR and tribal 

audit personnel evaluate (1) whether 

lessee-reported transportation 

allowances are within regulatory 

allowance limitations and calculated in 

accordance with applicable regulations; 

and (2) whether the lessees reported and 

paid the proper amount of royalties. 

From information collected on Form 

ONRR–4109, Gas Processing Allowance 

Summary Report, ONRR and tribal audit 

personnel evaluate (1) whether lesseereported processing allowances are 

within regulatory allowance limitations 

and calculated in accordance with 

applicable regulations; and (2) whether 

the lessees reported and paid the proper 

amount of royalties. 

Indian Oil and Gas 

Form ONRR–4393, Request to Exceed 

Regulatory Allowance Limitation, is 

used for both Federal and Indian leases. 

Most of the burden hours are incurred 

on Federal leases; therefore, the form is 

approved under ICR 1012–0005, 

pertaining to Federal oil and gas leases. 

However, we include a discussion of the 

form in this ICR, as well as the burden 

hours for Indian leases. To request 

permission to exceed a regulatory 

allowance limit, lessees must (1) submit 

a letter to ONRR explaining why a 

higher allowance limit is necessary; and 

(2) provide supporting documentation, 

including a completed Form ONRR– 

4393. This form provides ONRR with 

the data necessary to make a decision 

whether to approve or deny the request 

and track deductions on royalty reports. 

OMB Approval 

ONRR will request OMB approval to 

continue to collect this information. If 

ONRR does not collect this information, 

this would limit the Secretary’s ability 

to discharge fiduciary duties and may 

also result in the inability to confirm the 

accurate royalty value. ONRR protects 

the proprietary information that we 

receive, and we do not collect items of 

a sensitive nature. 

ONRR requires lessees to respond to 

this ICR because the information 

collected is essential in order to 

determine when net profit share 

payments are due and to ensure that 

lessees properly value and pay royalties 

or net profit share payments. The 

requirement to respond is mandatory for 

Form ONRR–4410, Accounting for 

Comparison [Dual Accounting], and 

Form ONRR–4411, Safety Net Report, 

under certain circumstances. And, the 

lessees are required to submit Forms 

ONRR–4109, ONRR–4110, and ONRR– 

4295 in order to obtain a benefit. 

II. Data 

Title: 30 CFR parts 1202, 1206, and 

1207, Indian Oil and Gas Valuation. 

OMB Control Number: 1012–0002. 

Bureau Form Number: Forms ONRR– 

4109, ONRR–4110, ONRR–4295, ONRR– 

4410, and ONRR–4411. 

Frequency of Response: Annually and 

on occasion. 

Estimated Number and Description of 

Respondents: 148 Indian lessees. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 2,269 

hours. 

We have not included in our 

estimates certain requirements 

performed in the normal course of 


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business and considered usual and 

customary. The following chart shows 

the estimated burden hours by CFR 

section and paragraph: 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

30 CFR Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual burden 

hours 

Part 1202—ROYALTIES 

Subpart C—Federal and Indian Oil 

1202.101 ..................... Standards for reporting and paying royalties .....................................

Oil volumes are to be reported in barrels of clean oil of 42 standard 

U.S. gallons (231 cubic inches each) at 60 °F. . . . 

Burden covered under OMB Control Number 

1012–0004 (expires 12/31/2012). Burden covered under § 1210.52. 

Subpart J—Gas Production From Indian Leases 

1202.551(b) ................ How do I determine the volume of production for which I must pay 

royalty if my lease is not in an approved Federal unit or 

communitization agreement (AFA)? 

(b) You and all other persons paying royalties on the lease must report and pay royalties based on your takes. . . . 

Burden covered under OMB Control Number 

1012–0004. Burden covered under § 1210.52. 

1202.551(c) ................. (c) You and all other persons paying royalties on the lease may ask 

ONRR for permission. . . . to report entitlements . . . 

1 1 1 

1202.558(a) and (b) .... What standards do I use to report and pay royalties on gas? ..........

(a) You must report gas volumes as follows: . . . ............................

(b) You must report residue gas and gas plant product volumes as 

follows: . . . 

Burden covered under OMB Control Number 

1012–0004. Burden covered under § 1210.52. 

Part 1206—PRODUCT VALUATION 

Subpart B—Indian Oil 

1206.56(b)(2) .............. Transportation allowances—general ..................................................

(b)(2) Upon request of a lessee, ONRR may approve a transportation allowance deduction in excess of the limitation prescribed 

by paragraph (b)(1) of this section. . . . An application for exception (using Form ONRR–4393, Request to Exceed Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for ONRR to make a determination. . . . 

4 1 4 

1206.57(a)(1)(i) ........... Determination of transportation allowances .......................................

(a) Arm’s-length transportation contracts. 

(1)(i) . . . The lessee shall have the burden of demonstrating that 

its contract is arm’s-length. 

AUDIT PROCESS. See note. 

1206.57(a)(1)(i) ........... (a) Arm’s-length transportation contracts ...........................................

(1)(i) . . . Before any deduction may be taken, the lessee must 

submit a completed page one of Form ONRR–4110 (and Schedule 1), Oil Transportation Allowance Report . . . 

Burden covered under § 1206.57(c)(1)(i) and (iii). 

1206.57(a)(1)(iii) ......... (a) Arm’s-length transportation contracts ...........................................

(1)(iii) . . . When ONRR determines that the value of the transportation may be unreasonable, ONRR will notify the lessee and 

give the lessee an opportunity to provide written information justifying the lessee’s transportation costs. 

AUDIT PROCESS. See note. 

1206.57(a)(2)(i) ........... (a) Arm’s-length transportation contracts ...........................................

(2)(i) . . . Except as provided in this paragraph, no allowance may 

be taken for the costs of transporting lease production which is 

not royalty-bearing without ONRR approval. 

Burden covered under § 1206.57(a)(3). 

1206.57(a)(2)(ii) .......... (a) Arm’s-length transportation contracts ...........................................

(2)(ii) Notwithstanding the requirements of paragraph (i), the lessee 

may propose to ONRR a cost allocation method on the basis of 

the values of the products transported. . . . 

20 1 20 

1206.57(a)(3) .............. (a) Arm’s-length transportation contracts ...........................................

(3) If an arm’s-length transportation contract includes both gaseous 

and liquid products, and the transportation costs attributable to 

each product cannot be determined from the contract, the lessee 

shall propose an allocation procedure to ONRR. . . . The lessee 

shall submit all available data to support its proposal. . . . 

40 1 40 


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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

30 CFR Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual burden 

hours 

1206.57(b)(1) .............. (b) Non-arm’s-length or no contract ...................................................

(1) . . . A transportation allowance may be claimed retroactively for 

a period of not more than 3 months prior to the first day of the 

month that Form ONRR–4110 is filed with ONRR, unless ONRR 

approves a longer period upon a showing of good cause by the 

lessee. . . . 

Burden covered under § 1206.57(c)(2)(i) and (iii). 

1206.57(b)(1) .............. (b) Non-arm’s-length or no contract ...................................................

(1) . . . When necessary or appropriate, ONRR may direct a lessee to modify its actual transportation allowance deduction. 

Burden covered under OMB Control Number 

1012–0004. Burden covered under § 1210.52. 

1206.57(b)(2)(iv) ......... (b) Non-arm’s-length or no contract ...................................................

(2)(iv) . . . After a lessee has elected to use either method for a 

transportation system, the lessee may not later elect to change 

to the other alternative without approval of ONRR. 

20 1 20 

1206.57(b)(2)(iv)(A) .... (b) Non-arm’s-length or no contract ...................................................

(2)(iv)(A) . . . After an election is made, the lessee may not 

change methods without ONRR approval. . . . 

20 1 20 

1206.57(b)(3)(i) ........... (b) Non-arm’s-length or no contract ...................................................

(3)(i) . . . Except as provided in this paragraph, the lessee may not 

take an allowance for transporting lease production which is not 

royalty bearing without ONRR approval. 

40 1 40 

1206.57(b)(3)(ii) .......... (b) Non-arm’s-length or no contract ...................................................

(3)(ii) Notwithstanding the requirements of paragraph (i), the lessee 

may propose to ONRR a cost allocation method on the basis of 

the values of the products transported. . . . 

20 1 20 

1206.57(b)(4) .............. (b) Non-arm’s-length or no contract ...................................................

(4) Where both gaseous and liquid products are transported 

through the same transportation system, the lessee shall propose 

a cost allocation procedure to ONRR. . . . The lessee shall submit all available data to support its proposal. . . . 

20 1 20 

1206.57(b)(5) .............. (b) Non-arm’s-length or no contract ...................................................

(5) A lessee may apply to ONRR for an exception from the requirement that it compute actual costs in accordance with paragraphs 

(b)(1) through (b)(4) of this section. . . . 

20 1 20 

1206.57(c)(1)(i) ........... (c) Reporting requirements .................................................................

(1) Arm’s-length contracts. (i) With the exception of those transportation allowances specified in paragraphs (c)(1)(v) and (c)(1)(vi) 

of this section, the lessee shall submit page one of the initial 

Form ONRR–4110 (and Schedule 1), Oil Transportation Allowance Report, prior to, or at the same time as, the transportation 

allowance determined, under an arm’s-length contract, is reported on Form ONRR–2014, Report of Sales and Royalty Remittance. . . . 

4 1 4 

1206.57(c)(1)(iii) ......... (c) Reporting requirements .................................................................

(1) Arm’s-length contracts. (iii) After the initial reporting period and 

for succeeding reporting periods, lessees must submit page one 

of Form ONRR–4110 (and Schedule 1) within 3 months after the 

end of the calendar year, or after the applicable contract or rate 

terminates or is modified or amended, whichever is earlier, unless ONRR approves a longer period (during which period the 

lessee shall continue to use the allowance from the previous reporting period). 

4 1 4 

1206.57(c)(1)(iv) ......... (c) Reporting requirements .................................................................

(1) Arm’s-length contracts. (iv) ONRR may require that a lessee 

submit arm’s-length transportation contracts, production agreements, operating agreements, and related documents. Documents shall be submitted within a reasonable time, as determined by ONRR. 

AUDIT PROCESS. See note. 


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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

30 CFR Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual burden 

hours 

1206.57(c)(2)(i) ........... (c) Reporting requirements .................................................................

(2) Non-arm’s-length or no contract. 

(i) With the exception of those transportation allowances specified 

in paragraphs (c)(2)(v), (c)(2)(vii) and (c)(2)(viii) of this section, 

the lessee shall submit an initial Form ONRR–4110 prior to, or at 

the same time as, the transportation allowance determined under 

a non-arm’s-length contract or no-contract situation is reported on 

Form ONRR–2014. . . . The initial report may be based upon 

estimated costs. 

6 1 6 

1206.57(c)(2)(iii) ......... (c) Reporting requirements .................................................................

(2) Non-arm’s-length or no contract. 

(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee shall submit a completed Form ONRR– 

4110 containing the actual costs for the previous reporting period. If oil transportation is continuing, the lessee shall include on 

Form ONRR–4110 its estimated costs for the next calendar year. 

. . . ONRR must receive the Form ONRR–4110 within 3 months 

after the end of the previous reporting period, unless ONRR approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period). 

6 1 6 

1206.57(c)(2)(iv) ......... (c) Reporting requirements .................................................................

(2) Non-arm’s-length or no contract. 

(iv) For new transportation facilities or arrangements, the lessee’s 

initial Form ONRR–4110 shall include estimates of the allowable 

oil transportation costs for the applicable period. . . . 

Burden covered under § 1206.57(c)(2)(i). 

1206.57(c)(2)(v) .......... (c) Reporting requirements .................................................................

(2) Non-arm’s-length or no contract. 

(v) . . . only those allowances that have been approved by ONRR 

in writing . . . 

Burden covered under § 1206.57(c)(2)(i). 

1206.57(c)(2)(vi) ......... (c) Reporting requirements .................................................................

(2) Non-arm’s-length or no contract. 

(vi) Upon request by ONRR, the lessee shall submit all data used 

to prepare its Form ONRR–4110. The data shall be provided 

within a reasonable period of time, as determined by ONRR. 

AUDIT PROCESS. See note. 

1206.57(c)(4) and 

(e)(2).

(c) Reporting requirements .................................................................

(4) Transportation allowances must be reported as a separate line 

item on Form ONRR–2014, . . . 

(e) Adjustments. 

(2) For lessees transporting production from Indian leases, the lessee must submit a corrected Form ONRR–2014 to reflect actual 

costs, . . . 

Burden covered under OMB Control Number 

1012–0004. Burden covered under § 1210.52. 

1206.59 ....................... May I ask ONRR for valuation guidance? .........................................

You may ask ONRR for guidance in determining value. You may 

propose a value method to ONRR. Submit all available data related to your proposal and any additional information ONRR 

deems necessary. . . . 

20 1 20 

1206.61(a) and (b) ...... What records must I keep and produce? ...........................................

(a) On request, you must make available sales, volume, and transportation data for production you sold, purchased, or obtained 

from the field or area. You must make this data available to 

ONRR, Indian representatives, or other authorized persons. 

(b) You must retain all data relevant to the determination of royalty 

value. . . . 

AUDIT PROCESS. See note. 


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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

30 CFR Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual burden 

hours 

Part 1206—PRODUCT VALUATION 

Subpart E—Indian Gas 

1206.172(b)(1)(ii) ........ How do I value gas produced from leases in an index zone? ..........

(b) Valuing residue gas and gas before processing. 

(1)(ii) Gas production that you certify on Form ONRR–4410, . . . is 

not processed before it flows into a pipeline with an index but 

which may be processed later; . . . 

4 58 232 

1206.172(e)(6)(i) and 

(iii).

(e) Determining the minimum value for royalty purposes of gas sold 

beyond the first index pricing point.

(6)(i) You must report the safety net price for each index zone to 

ONRR on Form ONRR–4411, Safety Net Report, no later than 

June 30 following each calendar year; . . . 

(iii) ONRR may order you to amend your safety net price within one 

year from the date your Form ONRR–4411 is due or is filed, 

whichever is later. . . . 

3 11 33 

1206.172(e)(6)(ii) ........ (e) Determining the minimum value for royalty purposes of gas sold 

beyond the first index pricing point.

(6)(ii) You must pay and report on Form ONRR–2014 additional 

royalties due no later than June 30 following each calendar year; 

. . . 

Burden covered under OMB Control Number 

1012–0004. Burden covered under § 1210.52. 

1206.172(f)(1)(ii), 

(f)(2), and (f)(3).

(f ) Excluding some or all tribal leases from valuation under this 

section.

(1) An Indian tribe may ask ONRR to exclude some or all of its 

leases from valuation under this section. . . . 

(ii) If an Indian tribe requests exclusion from an index zone for less 

than all of its leases, ONRR will approve the request only if the 

excluded leases may be segregated into one or more groups 

based on separate fields within the reservation. 

(2) An Indian tribe may ask ONRR S to terminate exclusion of its 

leases from valuation under this section. . . . 

(3) The Indian tribe’s request to ONRR under either paragraph 

(f)(1) or (2) of this section must be in the form of a tribal resolution. . . . 

40 1 40 

1206.173(a)(1) ............ How do I calculate the alternative methodology for dual accounting? 

(a) Electing a dual accounting method. 

(1) . . . You may elect to perform the dual accounting calculation 

according to either § 1206.176(a) (called actual dual accounting), 

or paragraph (b) of this section (called the alternative methodology for dual accounting). 

2 12 24 

1206.173(a)(2) ............ (a) Electing a dual accounting method ..............................................

(2) You must make a separate election to use the alternative methodology for dual accounting for your Indian leases in each ONRR 

S-designated area. . . . 

Burden covered under § 1206.173(a)(1). 

1206.174(a)(4)(ii) ........ How do I value gas production when an index-based method cannot be used? 

(a) Situations in which an index-based method cannot be used. 

(4)(ii) If the major portion value is higher, you must submit an 

amended Form ONRR–2014 to ONRR by the due date specified 

in the written notice from ONRR of the major portion value. . . . 

Burden covered under OMB Control Number 

1012–0004. Burden covered under § 1210.52. 


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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

30 CFR Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual burden 

hours 

1206.174(b)(1)(i) and 

(iii); (b)(2); (d)(2).

(b) Arm’s-length contracts ..................................................................

(1)(i) You have the burden of demonstrating that your contract is 

arm’s-length. . . . 

(iii) . . . In these circumstances, ONRR will notify you and give you 

an opportunity to provide written information justifying your value. 

. . . 

(2) ONRR may require you to certify that your arm’s-length contract 

provisions include all of the consideration the buyer pays, either 

directly or indirectly, for the gas, residue gas, or gas plant product. 

(d) Supporting data. 

(2) You must make all such data available upon request to the authorized ONRR or Indian representatives, to the Office of the Inspector General of the Department, or other authorized persons. 

. . . 

AUDIT PROCESS. See note. 

1206.174(d) ................ (d) Supporting data. If you determine the value of production under 

paragraph (c) of this section, you must retain all data relevant to 

determination of royalty value.

Burden covered under OMB Control Number 

1012–0004. 

1206.174(f) ................. (f) Value guidance. You may ask ONRR for guidance in determining value. You may propose a valuation method to ONRR. 

Submit all available data related to your proposal and any additional information ONRR deems necessary. . . .

40 1 40 

1206.175(d)(4) ............ How do I determine quantities and qualities of production for computing royalties? 

(d)(4) You may request ONRR approval of other methods for determining the quantity of residue gas and gas plant products allocable to each lease. . . . 

20 1 20 

1206.176(b) ................ How do I perform accounting for comparison? ..................................

(b) If you are required to account for comparison, you may elect to 

use the alternative dual accounting methodology provided for in 

§ 1206.173 instead of the provisions in paragraph (a) of this section. 

Burden covered under § 1206.173(a)(1). 

1206.176(c) ................. (c) . . . If you do not perform dual accounting, you must certify to 

ONRR that gas flows into such a pipeline before it is processed. 

Burden covered under § 1206.172(b)(1)(ii). 

Transportation Allowances 

1206.177(c)(2) and 

(c)(3).

What general requirements regarding transportation allowances 

apply to me? 

(c)(2) If you ask ONRR, ONRR may approve a transportation allowance deduction in excess of the limitation in paragraph (c)(1) of 

this section. . . . 

(3) Your application for exception (using Form ONRR–4393, Request to Exceed Regulatory Allowance Limitation) must contain 

all relevant and supporting documentation necessary for ONRR 

to make a determination. 

Burden covered under § 1206.56(b)(2). 

1206.178(a)(1)(i) ......... How do I determine a transportation allowance? ..............................

(a) Determining a transportation allowance under an arm’s-length 

contract. 

(1)(i) . . . You are required to submit to ONRR a copy of your 

arm’s-length transportation contract(s) and all subsequent 

amendments to the contract(s) within 2 months of the date 

ONRR receives your report which claims the allowance on the 

Form ONRR–2014. 

1 18 18 


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1206.178(a)(1)(iii) ....... (a) Determining a transportation allowance under an arm’s-length 

contract.

(1)(iii) If ONRR 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 . . . In these circumstances, ONRR will notify 

you and give you an opportunity to provide written information 

justifying your transportation costs. 

AUDIT PROCESS. See note. 

1206.178(a)(2)(i) and 

(ii).

(a) Determining a transportation allowance under an arm’s-length 

contract.

(2)(i) . . . you cannot take an allowance for the costs of transporting lease production that is not royalty bearing without ONRR 

approval, or without lessor approval on tribal leases. 

(ii) As an alternative to paragraph (a)(2)(i) of this section, you may 

propose to ONRR a cost allocation method based on the values 

of the products transported. . . . 

20 1 20 

1206.178(a)(3)(i) and 

(ii).

(a) Determining a transportation allowance under an arm’s-length 

contract.

(3)(i) If your arm’s-length transportation contract includes both gaseous and liquid products and the transportation costs attributable 

to each cannot be determined from the contract, you must propose an allocation procedure to ONRR. . . . 

(ii) You are required to submit all relevant data to support your allocation proposal. . . . 

40 1 40 

1206.178(b)(1)(ii) ........ (b) Determining a transportation allowance under a non-arm’slength contract or no contract.

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

the allowance to ONRR on Form ONRR–4295, Gas Transportation Allowance Report, within 3 months after the end of the 12- 

month period to which the allowance applies. . . . 

15 5 75 

1206.178(b)(2)(iv) ....... (b) Determining a transportation allowance under a non-arm’slength contract or no contract.

(2)(iv) You may use either depreciation with a return on 

undepreciated capital investment or a return on depreciable capital investment. . . . you may not later elect to change to the 

other alternative without ONRR approval. 

20 1 20 

1206.178(b)(2)(iv)(A) .. (b) Determining a transportation allowance under a non-arm’slength contract or no contract.

(2)(iv)(A) . . . Once you make an election, you may not change 

methods without ONRR approval. . . . 

20 1 20 

1206.178(b)(3)(i) ......... (b) Determining a transportation allowance under a non-arm’slength contract or no contract.

(3)(i) . . . Except as provided in this paragraph, you may not take 

an allowance for transporting a product that is not royalty bearing 

without ONRR approval. 

40 1 40 

1206.178(b)(3)(ii) ........ (b) Determining a transportation allowance under a non-arm’slength contract or no contract.

(3)(ii) As an alternative to the requirements of paragraph (b)(3)(i) of 

this section, you may propose to ONRR a cost allocation method 

based on the values of the products transported. . . . 

20 1 20 

1206.178(b)(5) ............ (b) Determining a transportation allowance under a non-arm’slength contract or no contract.

(5) If you transport both gaseous and liquid products through the 

same transportation system, you must propose a cost allocation 

procedure to ONRR. . . . You are required to submit all relevant 

data to support your proposal. . . . 

40 1 40 

1206.178(d)(1) ............ (d) Reporting your transportation allowance ......................................

(1) If ONRR requests, you must submit all data used to determine 

your transportation allowance . . . 

AUDIT PROCESS. See note. 


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responses 

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1206.178(d)(2), (e), 

and (f)(1).

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

(2) You must report transportation allowances as a separate entry 

on Form ONRR–2014. . . . 

(e) Adjusting incorrect allowances. If for any month the transportation allowance you are entitled to is less than the amount you 

took on Form ONRR–2014, you are required to report and pay 

additional royalties due, plus interest computed under 30 CFR 

1218.54 from the first day of the first month you deducted the improper transportation allowance until the date you pay the royalties due. . . . 

(f) Determining allowable costs for transportation allowances. . . . 

(1) Firm demand charges paid to pipelines. . . . You must modify 

the Form ONRR–2014 by the amount received or credited for the 

affected reporting period. 

Burden covered under OMB Control Number 

1012–0004. Burden covered under § 1210.52. 

Processing Allowances 

1206.180(a)(1)(i) ......... How do I determine an actual processing allowance? ......................

(a) Determining a processing allowance if you have an arm’s-length 

processing contract. 

(1)(i) . . . You have the burden of demonstrating that your contract 

is arm’s-length. You are required to submit to ONRR a copy of 

your arm’s-length contract(s) and all subsequent amendments to 

the contract(s) within 2 months of the date ONRR receives your 

first report that deducts the allowance on the Form ONRR–2014. 

1 2 2 

1206.180(a)(1)(iii) ....... (a) Determining a processing allowance if you have an arm’s-length 

processing contract.

(1)(iii) If ONRR 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 . . . In these circumstances, ONRR will notify you and 

give you an opportunity to provide written information justifying 

your processing costs. 

AUDIT PROCESS. See note. 

1206.180(a)(3) ............ (a) Determining a processing allowance if you have an arm’s-length 

processing contract.

(3) If your arm’s-length processing contract includes more than one 

gas plant product and the processing costs attributable to each 

product cannot be determined from the contract, you must propose an allocation procedure to ONRR. . . . You are required to 

submit all relevant data to support your proposal. . . . 

40 1 40 

1206.180(b)(1)(ii) ........ (b) Determining a processing allowance if you have a non-arm’slength contract or no contract.

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

the allowance to ONRR on Form ONRR–4109, Gas Processing 

Allowance Summary Report, within 3 months after the end of the 

12-month period for which the allowance applies. . . . 

20 12 1200 

1206.180(b)(2)(iv) ....... (b) Determining a processing allowance if you have a non-arm’slength contract or no contract.

(2)(iv) You may use either depreciation with a return on 

undepreciable capital investment or a return on depreciable capital investment. . . . you may not later elect to change to the 

other alternative without ONRR approval. 

20 1 20 

1206.180(b)(2)(iv) (A) (b) Determining a processing allowance if you have a non-arm’slength contract or no contract.

(2)(iv)(A) . . . Once you make an election, you may not change 

methods without ONRR approval. . . . 

20 1 20 

1206.180(b)(3) ............ (b) Determining a processing allowance if you have a non-arm’slength contract or no contract.

(3) Your processing allowance under this paragraph (b) must be 

determined based upon a calendar year or other period if you 

and ONRR agree to an alternative.

20 1 20 


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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

30 CFR Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual burden 

hours 

1206.180(c)(1) ............ (c) Reporting your processing allowance ...........................................

(1) If ONRR requests, you must submit all data used to determine 

your processing allowance. . . . 

AUDIT PROCESS. See note. 

1206.180(c)(2) and (d) (c) Reporting your processing allowance ...........................................

(2) You must report gas processing allowances as a separate entry 

on the Form ONRR–2014. . . . 

(d) Adjusting incorrect processing allowances. If for any month the 

gas processing allowance you are entitled to is less than the 

amount you took on Form ONRR–2014, you are required to pay 

additional royalties, plus interest computed under 30 CFR 

1218.54 from the first day of the first month you deducted a processing allowance until the date you pay the royalties due. . . . 

Burden covered under OMB Control Number 

1012–0004. Burden covered under § 1210.52. 

1206.181(c) ................. How do I establish processing costs for dual accounting purposes 

when I do not process the gas? 

(c) A proposed comparable processing fee submitted to either the 

tribe and ONRR (for tribal leases) or ONRR (for allotted leases) 

with your supporting documentation submitted to ONRR. If 

ONRR does not take action on your proposal within 120 days, 

the proposal will be deemed to be denied and subject to appeal 

to the ONRR Director under 30 CFR part 1290. 

40 1 40 

PART 1207—SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS 

Subpart A—General Provisions 

1207.4(b) .................... Contracts made pursuant to old form leases .....................................

(b) The stipulation, the substance of which must be included in the 

contract, or be made the subject matter of a separate instrument 

properly identifying the leases affected thereby, is as follows . . . 

AUDIT PROCESS. See note. 

1207.5 ......................... Contract and sales agreement retention ............................................

Copies of all sales contracts, posted price bulletins, etc., and copies of all agreements, other contracts, or other documents which 

are relevant to the valuation of production are to be maintained 

by the lessee and made available upon request during normal 

working hours to authorized ONRR, State or Indian representatives, other ONRR or BLM officials, auditors of the General Accounting Office, or other persons authorized to receive such documents, or shall be submitted to ONRR within a reasonable period of time, as determined by ONRR. Any oral sales arrangement negotiated by the lessee must be placed in written form 

and retained by the lessee. Records shall be retained in accordance with 30 CFR part 1212. 

AUDIT PROCESS. See note. 

Total Burden ........ ........................................................................................................ 148 2,269 

Note: AUDIT PROCESS—The Office of Regulatory Affairs determined that the audit process is exempt from 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. 

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. 

III. Request for 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: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the agency to perform its duties, 

including whether the information is 

useful; (2) evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (3) 

enhance the quality, usefulness, and 

clarity of the information that ONRR 

collects; and (4) 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. 


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Capital and startup costs include, 

among other items, computers and 

software that you purchase to prepare 

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 keep records for 

the Federal Government; or (iv) as part 

of customary and usual business or 

private practices. 

We will summarize written responses 

to this notice and address them in our 

ICR submission for OMB approval, 

including appropriate adjustments to 

the estimated burden. We will provide 

a copy of the ICR to you, free of charge, 

upon request. We also will post the ICR 

at http://www.onrr.gov/Laws_R_D/

FRNotices/ICR0103.htm. 

Public Comment Policy: ONRR will 

post all comments, including names and 

addresses of respondents at http://

www.regulations.gov. Before including 

Personally Identifiable Information (PII), 

such as your address, phone number, 

email address, or other personal 

information in your comment(s), you 

should be aware that your entire 

comment (including PII) may be made 

available to the public at any time. 

While you may ask us, in your 

comment, to withhold PII from public 

view, we cannot guarantee that we will 

be able to do so. 

Dated: March 3, 2015. 

Gregory J. Gould, 

Director, Office of Natural Resources 

Revenue. 

[FR Doc. 2015–05854 Filed 3–13–15; 8:45 am] 

BILLING CODE 4335–30–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–893] 

Certain Flash Memory Chips and 

Products Containing the Same 

Commission Determination Not To 

Review an Initial Determination 

Granting a Joint Motion To Terminate 

the Investigation in Its Entirety Based 

Upon Settlement; Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 78) of the presiding 

administrative law judge (‘‘ALJ’’) 

granting a joint motion by complainant 

and respondents to terminate the 

investigation in its entirety based upon 

settlement. 

FOR FURTHER INFORMATION CONTACT: 

Panyin A. Hughes, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

205–3042. Copies of non-confidential 

documents filed in connection with this 

investigation are or will be 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., Washington, DC 20436, 

telephone (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. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on September 9, 2013, based on a 

complaint filed by Spansion, LLC of 

Sunnyvale, California (‘‘Spansion’’). The 

complaint alleged violations of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain flash memory chips and 

products containing the same by reason 

of infringement of certain claims of U.S. 

Patent Nos. 6,900,124; 7,018,922; 

6,369,416; 7,151,027; 6,459,625; and 

6,731,536. See 78 Fed. Reg. 55095 (Sept. 

9, 2013). The notice of investigation 

named the following respondents: 

Macronix International Co, Ltd., of 

Hsin-chu, Taiwan; Macronix America, 

Inc., of Milpitas, California; Macronix 

Asia Limited of Kanagawa Pref., Japan; 

Macronix (Hong Kong) Co., Ltd., of Sha 

Tin, N.T., Hong Kong; Acer Inc. of New 

Taipei City, Taiwan; Acer America 

Corporation of San Jose, California; 

ASUSTek Computer Inc. of Taipei, 

Taiwan; Asus Computer International of 

Fremont, California; Belkin 

International, Inc., of Playa Vista, 

California; D-Link Corporation of Taipei 

City, Taiwan; D-Link System, Inc., of 

Fountain Valley, California; Netgear 

Inc., San Jose, California; Nintendo Co., 

Ltd., of Kyoto, Japan; and Nintendo of 

America, Inc., of Redmond, Washington 

(collectively, ‘‘Respondents’’). 

On January 29, 2015, Spansion and 

Respondents filed a joint motion to 

terminate the investigation in its 

entirety based upon the execution of a 

settlement agreement. On February 9, 

2015, the Commission investigative 

attorney filed a response in support of 

termination. No other responses to the 

motion were filed. 

On February 11, 2015, the ALJ issued 

the subject ID, granting the joint motion 

to terminate the investigation in its 

entirety. The ALJ found that the 

settlement agreement complies with the 

requirements of Commission Rule 

210.21(b) (19 CFR 210.21(b)) and that 

terminating Respondents from the 

investigation would not be contrary to 

the public interest. None of the parties 

petitioned for review of the ID. 

The Commission has determined not 

to review the ID. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

section 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

By order of the Commission. 

Issued: March 10, 2015. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2015–05812 Filed 3–13–15; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–948] 

Certain Toy Figurines and Toy Sets 

Containing the Same 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

February 6, 2015, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of LEGO A/S of 

Denmark; LEGO System A/S of 

Denmark; and LEGO Systems, Inc. of 

Enfield, Connecticut. 

SUPPLEMENTARY INFORMATION: Letters 

supplementing the complaint were filed 

on February 18, 2015 and March 10, 

2015. The complaint, as supplemented, 

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 toy figurines and 


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