Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 13463 

comment period, and a public comment 

meeting was held in Elko, Nevada on 

September 10, 2008. The Final SEIS is 

published in an abbreviated format, and 

includes comments on the Draft SEIS 

and BLM’s responses along with 

resultant changes in the document. 

The documents will be available at 

http://www.blm.gov/nv/st/en/fo/ 

elko_field_office.html, Elko District 

Office for at least 30-days, after which 

BLM will issue a Record of Decision on 

the proposed mine expansion. 

(Authority: 43 CFR 3809) 

Kenneth E. Miller, 

District Manager, Elko. 

[FR Doc. E9–6768 Filed 3–26–09; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

[Docket No. MMS–2008–MRM–0029] 

Agency Information Collection 

Activities: Proposed Collection, 

Comment Request 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Notice of an extension of a 

currently approved information 

collection (OMB Control Number 1010– 

0103). 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), we are notifying the public that 

we have submitted to the Office of 

Management and Budget (OMB) an 

information collection request (ICR) to 

renew approval of the paperwork 

requirements in the regulations under 

30 CFR parts 202, 206, and 207. This 

notice also provides the public a second 

opportunity to comment on the 

paperwork burden of these regulatory 

requirements. 

DATES: Submit written comments on or 

before April 27, 2009. 

ADDRESSES: Submit written comments 

by either FAX (202) 395–7245 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 1010–0103). 

Please submit copies of your 

comments to MMS by one of the 

following methods: 

• Electronically go to http:// 

www.regulations.gov. In the ‘‘Comment 

or Submission’’ column, enter ‘‘MMS– 

2008–MRM–0029’’ to view supporting 

and related materials for this ICR. Click 

on ‘‘Send a comment or submission’’ 

link to submit public comments. 

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. All 

comments submitted will be posted to 

the docket. 

• Mail comments to Hyla Hurst, 

Regulatory Specialist, Minerals 

Management Service, Minerals Revenue 

Management, P.O. Box 25165, MS 

302B2, Denver, Colorado 80225. Please 

reference ICR 1010–0103 in your 

comments. 

• Hand-carry comments or use an 

overnight courier service. Our courier 

address is Building 85, Room A–614, 

Denver Federal Center, West 6th Ave. 

and Kipling St., Denver, Colorado 

80225. Please reference ICR 1010–0103 

in your comments. 

FOR FURTHER INFORMATION CONTACT: Hyla 

Hurst, telephone (303) 231–3495, or 

e-mail Hyla.Hurst@mms.gov. You may 

also contact Hyla Hurst to obtain copies, 

at no cost, of (1) the ICR, (2) any 

associated forms, and (3) the regulations 

that require the subject collection of 

information. 

SUPPLEMENTARY INFORMATION: 

Title: 30 CFR parts 202, 206, and 207, 

Indian Oil and Gas Valuation. 

OMB Control Number: 1010–0103. 

Bureau Form Number: Forms MMS– 

4109, MMS–4110, MMS–4295, MMS– 

4410, and MMS–4411. 

Abstract: The Secretary of the U.S. 

Department of the Interior is responsible 

for mineral resource development on 

Federal and Indian lands and the Outer 

Continental Shelf (OCS). The Secretary 

is required by various laws to manage 

mineral resource production on Federal 

and Indian lands and the OCS, collect 

the royalties and other mineral revenues 

due, and distribute the funds in 

accordance with those laws. Applicable 

laws pertaining to mineral leases on 

Federal and Indian lands are posted on 

our Web site at http:// 

www.mrm.mms.gov/Laws_R_D/ 

PublicLawsAMR.htm. 

The Secretary also has a trust 

responsibility to manage Indian lands 

and seek advice and information from 

Indian beneficiaries. The MMS performs 

the minerals revenue management 

functions and assists the Secretary in 

carrying out the Department’s trust 

responsibility for Indian lands. 

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 in an amount or value of 

production from the leased lands. The 

lessee is required to report various kinds 

of information to the lessor relative to 

the disposition of the leased minerals. 

Such information is generally available 

within the records of the lessee or others 

involved in developing, transporting, 

processing, purchasing, or selling of 

such minerals. We collect this 

information to ensure that royalties are 

accurately valued and appropriately 

paid. 

Information collections covered in 

this ICR are found at 30 CFR part 202, 

subparts C and J, which pertain to 

royalties; part 206, subparts B and E, 

which govern the valuation of oil and 

gas produced from leases on Indian 

lands; and part 207, which pertains to 

recordkeeping. 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. All data reported is 

subject to subsequent audit and 

adjustment. 

Indian Oil 

Regulations at 30 CFR part 206, 

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 must be 

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. 

These oil valuation methods are 

eligible for applicable transportation 

allowances. From information collected 

on Form MMS–4110, Oil Transportation 

Allowance Report, (1) MMS verifies 

transportation allowances to determine 

if the lessee reported and paid the 

proper royalty amount; and (2) MMS 

and tribal personnel evaluate whether 

the transportation allowances reported 

and claimed by lessees are within 

regulatory allowance limitations and are 

calculated in accordance with 

applicable regulations. 

Indian Gas 

Regulations at 30 CFR part 206, 

subpart E, govern the valuation for 

royalty purposes of natural gas 

produced from Indian oil and gas leases 

(tribal and allotted). The regulations 

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13464 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 

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 206.176 or 

alternative dual accounting as defined 

in 30 CFR 206.173. Lessees use Form 

MMS–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 MMS–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 MMS compliance 

efforts. 

From information collected on Form 

MMS–4295, Gas Transportation 

Allowance Report, (1) MMS verifies 

transportation allowances to determine 

if the lessee reported and paid the 

proper royalty amount; and (2) MMS 

and tribal personnel evaluate whether 

the transportation allowances reported 

and claimed by lessees are within 

regulatory allowance limitations and are 

calculated in accordance with 

applicable regulations. 

From information collected on Form 

MMS–4109, Gas Processing Allowance 

Summary Report, (1) MMS verifies 

processing allowances to determine if 

the lessee reported and paid the proper 

royalty amount; and (2) MMS and tribal 

personnel evaluate whether the 

processing allowances reported and 

claimed by lessees are within regulatory 

allowance limitations and are calculated 

in accordance with applicable 

regulations. 

Indian Oil and Gas 

Form MMS–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 1010–0136, 

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 MMS explaining why a higher 

allowance limit is necessary; and (2) 

provide supporting documentation, 

including a completed Form MMS– 

4393. This form provides MMS with the 

data necessary to make a decision 

whether to approve or deny the request 

and track deductions on royalty reports. 

Summary 

The MMS is requesting OMB’s 

approval to continue to collect this 

information. Not collecting this 

information would limit the Secretary’s 

ability to discharge his/her duties and 

may also result in loss of royalty 

payments to Indian tribes and 

individual Indian mineral owners. 

Proprietary information submitted to 

MMS under this collection is protected, 

and no items of a sensitive nature are 

collected. The requirement to respond is 

mandatory for Form MMS–4410, 

Accounting for Comparison [Dual 

Accounting], and for Form MMS–4411, 

Safety Net Report, under certain 

circumstances. For all other forms in 

this collection, the requirement to 

respond is required to obtain a benefit. 

Frequency of Response: Annually and 

on occasion. 

Estimated Number and Description of 

Respondents: 302 potential Indian 

lessees. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 1,074 

hours. 

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

30 CFR Reporting and 

recordkeeping requirement Hour burden 

Average number of annual 

responses 

Annual 

burden 

hours 

202—ROYALTIES 

Subpart C—Federal and Indian Oil 

202.101 ............................................... 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 

1010–0140 (expires 11/30/2009). Burden covered under § 210.52. 

Subpart J—Gas Production From Indian Leases 

202.551(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)?.

Burden covered under OMB Control Number 

1010–0140. Burden covered under § 210.52. 

(b) You and all other persons paying royalties on the 

lease must report and pay royalties based on your 

takes. . . . 

202.551(c) .......................................... (c) You and all other persons paying royalties on the 

lease may ask MMS for permission . . . . to report entitlements . . ..

1 1 1 

202.558(a) and (b) ............................. What standards do I use to report and pay royalties 

on gas?.

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

Burden covered under OMB Control Number 

1010–0140. Burden covered under § 210.52. 

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Average number of annual 

responses 

Annual 

burden 

hours 

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

206—PRODUCT VALUATION 

Subpart B—Indian Oil 

206.56(b)(2) ........................................ Transportation allowances—general .......................... 4 1 4 

(b)(2) Upon request of a lessee, MMS 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 MMS–4393, Request to Exceed Regulatory 

Allowance Limitation) must contain all relevant and 

supporting documentation necessary for MMS to 

make a determination. . . . 

206.57(a)(1)(i) ..................................... Determination of transportation allowances ............... AUDIT PROCESS. See note. 

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

The lessee shall have the burden of demonstrating that its contract is arm’s-length. 

206.57(a)(1)(i) ..................................... (a) Arm’s-length transportation contracts ................... Burden covered under § 206.57(c)(1)(i) and (iii). 

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

lessee must submit a completed page one of 

Form MMS–4110 (and Schedule 1), Oil Transportation Allowance Report . . . 

206.57(a)(1)(iii) ................................... (a) Arm’s-length transportation contracts ................... AUDIT PROCESS. See note. 

(1)(iii) . . . When MMS determines that the value of 

the transportation may be unreasonable, MMS will 

notify the lessee and give the lessee an opportunity to provide written information justifying the 

lessee’s transportation costs. 

206.57(a)(2)(i) ..................................... (a) Arm’s-length transportation contracts ................... Burden covered under § 206.57(a)(3). 

(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 MMS approval. 

206.57(a)(2)(ii) .................................... (a) Arm’s-length transportation contracts ................... 20 1 20 

(2)(ii) Notwithstanding the requirements of paragraph 

(i), the lessee may propose to MMS a cost allocation method on the basis of the values of the products transported. . . . 

206.57(a)(3) ........................................ (a) Arm’s-length transportation contracts ................... 40 1 40 

(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 MMS. . . . 

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

206.57(b)(1) ........................................ (b) Non-arm’s-length or no contract ........................... Burden covered under § 206.57(c)(2)(i) and (iii). 

(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 MMS–4110 is filed with MMS, unless MMS 

approves a longer period upon a showing of good 

cause by the lessee. . . . 

206.57(b)(1) ........................................ (b) Non-arm’s-length or no contract ........................... Burden covered under OMB Control Number 

1010–0140. Burden covered under § 210.52. 

(1) . . . When necessary or appropriate, MMS may 

direct a lessee to modify its actual transportation 

allowance deduction. 

206.57(b)(2)(iv) ................................... (b) Non-arm’s-length or no contract ........................... 20 1 20 

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

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Average number of annual 

responses 

Annual 

burden 

hours 

(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 MMS. 

206.57(b)(2)(iv)(A) .............................. (b) Non-arm’s-length or no contract ........................... 20 1 20 

(2)(iv)(A) . . . After an election is made, the lessee 

may not change methods without MMS approval. 

. . . 

206.57(b)(3)(i) ..................................... (b) Non-arm’s-length or no contract ........................... 40 1 40 

(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 MMS approval. 

206.57(b)(3)(ii) .................................... (b) Non-arm’s-length or no contract ........................... 20 1 20 

(3)(ii) Notwithstanding the requirements of paragraph 

(i), the lessee may propose to MMS a cost allocation method on the basis of the values of the products transported. . . . 

206.57(b)(4) ........................................ (b) Non-arm’s-length or no contract ........................... 20 1 20 

(4) Where both gaseous and liquid products are 

transported through the same transportation system, the lessee shall propose a cost allocation 

procedure to MMS. . . . The lessee shall submit 

all available data to support its proposal. . . . 

206.57(b)(5) ........................................ (b) Non-arm’s-length or no contract ........................... 20 1 20 

(5) A lessee may apply to MMS for an exception 

from the requirement that it compute actual costs 

in accordance with paragraphs (b)(1) through 

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

206.57(c)(1)(i) ..................................... (c) Reporting requirements ......................................... 4 4 16 

(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 

MMS–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 MMS– 

2014, Report of Sales and Royalty Remittance. . . . 

206.57(c)(1)(iii) ................................... (c) Reporting requirements ......................................... 4 4 16 

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

lessees must submit page one of Form MMS– 

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 MMS approves a longer period (during which period the 

lessee shall continue to use the allowance from 

the previous reporting period). 

206.57(c)(1)(iv) ................................... (c) Reporting requirements ......................................... AUDIT PROCESS. See note. 

(1) Arm’s-length contracts. (iv) MMS 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 MMS. 

206.57(c)(2)(i) ..................................... (c) Reporting requirements ......................................... 6 1 6 

(2) Non-arm’s-length or no contract. 

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hours 

(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 MMS–4110 prior to, or at the 

same time as, the transportation allowance determined under a non-arm’s-length contract or nocontract situation is reported on Form MMS– 

2014. . . . The initial report may be based upon 

estimated costs. 

206.57(c)(2)(iii) ................................... (c) Reporting requirements ......................................... 6 3 18 

(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 MMS–4110 containing the actual costs for the previous reporting period. If oil 

transportation is continuing, the lessee shall include on Form MMS–4110 its estimated costs for 

the next calendar year. . . . MMS must receive 

the Form MMS–4110 within 3 months after the 

end of the previous reporting period, unless MMS 

approves a longer period (during which period the 

lessee shall continue to use the allowance from 

the previous reporting period). 

206.57(c)(2)(iv) ................................... (c) Reporting requirements ......................................... Burden covered under § 206.57(c)(2)(i). 

(2) Non-arm’s-length or no contract. 

(iv) For new transportation facilities or arrangements, 

the lessee’s initial Form MMS–4110 shall include 

estimates of the allowable oil transportation costs 

for the applicable period. . . . 

206.57(c)(2)(v) .................................... (c) Reporting requirements ......................................... Burden covered under § 206.57(c)(2)(i). 

(2) Non-arm’s-length or no contract. 

(v) . . . only those allowances that have been approved by MMS in writing . . . 

206.57(c)(2)(vi) ................................... (c) Reporting requirements ......................................... AUDIT PROCESS. See note. 

(2) Non-arm’s-length or no contract. 

(vi) Upon request by MMS, the lessee shall submit 

all data used to prepare its Form MMS–4110. The 

data shall be provided within a reasonable period 

of time, as determined by MMS. 

206.57(c)(4) and (e)(2) ....................... (c) Reporting requirements ......................................... Burden covered under OMB Control Number 

1010–0140. Burden covered under § 210.52. 

(4) Transportation allowances must be reported as a 

separate line item on Form MMS–2014, . . . 

(e) Adjustments. 

(2) For lessees transporting production from Indian 

leases, the lessee must submit a corrected Form 

MMS–2014 to reflect actual costs, . . . 

206.59 ................................................. May I ask MMS for valuation guidance? .................... 20 1 20 

You may ask MMS for guidance in determining 

value. You may propose a value method to MMS. 

Submit all available data related to your proposal 

and any additional information MMS deems necessary. . . . 

206.61(a) and (b) ............................... What records must I keep and produce? ................... AUDIT PROCESS. See note. 

(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 MMS, 

Indian representatives, or other authorized persons. 

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

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

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recordkeeping requirement Hour burden 

Average number of annual 

responses 

Annual 

burden 

hours 

206—PRODUCT VALUATION 

Subpart E—Indian Gas 

206.172(b)(1)(ii) .................................. How do I value gas produced from leases in an 

index zone?.

4 25 100 

(b) Valuing residue gas and gas before processing. 

(1)(ii) Gas production that you certify on Form MMS– 

4410, . . . is not processed before it flows into a 

pipeline with an index but which may be processed later; . . . 

206.172(e)(6)(i) and (iii) ..................... (e) Determining the minimum value for royalty purposes of gas sold beyond the first index pricing 

point.

3 10 30 

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

index zone to MMS on Form MMS–4411, Safety 

Net Report, no later than June 30 following each 

calendar year; . . . 

(iii) MMS may order you to amend your safety net 

price within one year from the date your Form 

MMS–4411 is due or is filed, whichever is 

later. . . . 

206.172(e)(6)(ii) .................................. (e) Determining the minimum value for royalty purposes of gas sold beyond the first index pricing 

point.

Burden covered under OMB Control Number 

1010–0140. Burden covered under § 210.52. 

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

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

206.172(f)(1)(ii), (f)(2), and (f)(3) ........ (f ) Excluding some or all tribal leases from valuation 

under this section.

40 1 40 

(1) An Indian tribe may ask MMS 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, MMS 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 MMS to terminate exclusion of its leases from valuation under this section. . . . 

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

paragraph (f)(1) or (2) of this section must be in 

the form of a tribal resolution. . . . 

206.173(a)(1) ...................................... How do I calculate the alternative methodology for 

dual accounting?.

2 19 38 

(a) Electing a dual accounting method. 

(1) . . . You may elect to perform the dual accounting calculation according to either § 206.176(a) 

(called actual dual accounting), or paragraph (b) of 

this section (called the alternative methodology for 

dual accounting). 

206.173(a)(2) ...................................... (a) Electing a dual accounting method ....................... Burden covered under § 206.173(a)(1). 

(2) You must make a separate election to use the alternative methodology for dual accounting for your 

Indian leases in each MMS-designated area. . . . 

206.174(a)(4)(ii) .................................. How do I value gas production when an index-based 

method cannot be used?.

Burden covered under OMB Control Number 

1010–0140. Burden covered under § 210.52. 

(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 MMS–2014 to MMS by 

the due date specified in the written notice from 

MMS of the major portion value. . . . 

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responses 

Annual 

burden 

hours 

206.174(b)(1)(i) and (iii); (b)(2); (d)(2) (b) Arm’s-length contracts .......................................... AUDIT PROCESS. See note. 

(1)(i) You have the burden of demonstrating that 

your contract is arm’s-length. . . . 

(iii) . . . In these circumstances, MMS will notify you 

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

(2) MMS may require you to certify that your arm’slength 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 MMS or Indian representatives, to the Office of the Inspector General of the 

Department, or other authorized persons. . . . 

206.174(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 

1010–0140. 

206.174(f) ........................................... (f) Value guidance You may ask MMS for guidance 

in determining value. You may propose a valuation method to MMS. Submit all available data 

related to your proposal and any additional information MMS deems necessary. . . .?.

40 1 40 

206.175(d)(4) ...................................... How do I determine quantities and qualities of production for computing royalties?.20 1 20 

(d)(4) You may request MMS approval of other 

methods for determining the quantity of residue 

gas and gas plant products allocable to each 

lease. . . . 

206.176(b) .......................................... How do I perform accounting for comparison? .......... Burden covered under § 206.173(a)(1). 

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

you may elect to use the alternative dual accounting methodology provided for in § 206.173 instead 

of the provisions in paragraph (a) of this section. 

206.176(c) .......................................... (c) . . . If you do not perform dual accounting, you 

must certify to MMS that gas flows into such a 

pipeline before it is processed.

Burden covered under § 206.172(b)(1)(ii) 

Transportation Allowances 

206.177(c)(2) and (c)(3) ..................... What general requirements regarding transportation 

allowances apply to me?.

Burden covered under § 206.56(b)(2). 

(c)(2) If you ask MMS, MMS 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 

MMS–4393, Request to Exceed Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for MMS to 

make a determination. 

206.178(a)(1)(i) ................................... How do I determine a transportation allowance? ....... 1 25 25 

(a) Determining a transportation allowance under an 

arm’s-length 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 

the Form MMS–2014. 

206.178(a)(1)(iii) ................................. (a) Determining a transportation allowance under an 

arm’s-length contract.

AUDIT PROCESS. See note. 

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responses 

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hours 

(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 . . . In these circumstances, MMS will notify 

you and give you an opportunity to provide written 

information justifying your transportation costs. 

206.178 ...............................................

(a)(2)(i) and (ii) ...................................

(a) Determining a transportation allowance under an 

arm’s-length contract.

20 1 20 

(2)(i) . . . you cannot take an allowance for the 

costs of transporting lease production that is not 

royalty bearing without MMS approval, or without 

lessor approval on tribal leases. 

(ii) As an alternative to paragraph (a)(2)(i) of this 

section, you may propose to MMS a cost allocation method based on the values of the products 

transported. . . . 

206.178(a)(3)(i) and (ii) ...................... (a) Determining a transportation allowance under an 

arm’s-length contract.

40 1 40 

(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 MMS. . . . 

(ii) You are required to submit all relevant data to 

support your allocation proposal. . . . 

206.178(b)(1)(ii) .................................. (b) Determining a transportation allowance under a 

non-arm’s-length contract or no contract.

15 3 45 

(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. . . . 

206.178(b)(2)(iv) ................................. (b) Determining a transportation allowance under a 

non-arm’s-length contract or no contract.

20 1 20 

(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 MMS approval. 

206.178(b)(2)(iv)(A) ............................ (b) Determining a transportation allowance under a 

non-arm’s-length contract or no contract.

20 1 20 

(2)(iv)(A) . . . Once you make an election, you may 

not change methods without MMS approval. . . . 

206.178(b)(3)(i) ................................... (b) Determining a transportation allowance under a 

non-arm’s-length contract or no contract.

40 1 40 

(3)(i) . . . Except as provided in this paragraph, you 

may not take an allowance for transporting a product that is not royalty bearing without MMS approval. 

206.178(b)(3)(ii) .................................. (b) Determining a transportation allowance under a 

non-arm’s-length contract or no contract.

20 1 20 

(3)(ii) As an alternative to the requirements of paragraph (b)(3)(i) of this section, you may propose to 

MMS a cost allocation method based on the values of the products transported. . . . 

206.178(b)(5) ...................................... (b) Determining a transportation allowance under a 

non-arm’s-length contract or no contract.

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 

(5) If you transport both gaseous and liquid products 

through the same transportation system, you must 

propose a cost allocation procedure to MMS. . . . 

You are required to submit all relevant data to 

support your proposal. . . . 

206.178(d)(1) ...................................... (d) Reporting your transportation allowance .............. AUDIT PROCESS. See note. 

(1) If MMS requests, you must submit all data used 

to determine your transportation allowance . . . 

206.178(d)(2), (e), and (f)(1) .............. (d) Reporting your transportation allowance .............. Burden covered under OMB Control Number 

1010–0140. Burden covered under § 210.52. 

(2) You must report transportation allowances as a 

separate entry on Form MMS–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 MMS– 

2014, you are required to report and pay additional royalties due, plus interest computed under 

30 CFR 218.54 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 MMS–2014 by the 

amount received or credited for the affected reporting period. 

Processing Allowances 

206.180(a)(1)(i) ................................... How do I determine an actual processing allowance? 1 15 15 

(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 MMS a copy of your arm’slength 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) ................................. (a) Determining a processing allowance if you have 

an arm’s-length processing contract.

AUDIT PROCESS. See note. 

(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 . 

. . In these circumstances, MMS will notify you 

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

206.180(a)(3) ...................................... (a) Determining a processing allowance if you have 

an arm’s-length processing contract.

40 1 40 

(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 MMS. . . . You 

are required to submit all relevant data to support 

your proposal. . . . 

206.180(b)(1)(ii) .................................. (b) Determining a processing allowance if you have 

a non-arm’s-length contract or no contract.

20 5 100 

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

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recordkeeping requirement Hour burden 

Average number of annual 

responses 

Annual 

burden 

hours 

(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(b)(2)(iv) ................................. (b) Determining a processing allowance if you have 

a non-arm’s-length contract or no contract.

20 1 20 

(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 MMS approval. 

206.180(b)(2)(iv)(A) ............................ (b) Determining a processing allowance if you have 

a non-arm’s-length contract or no contract.

20 1 20 

(2)(iv)(A) . . . Once you make an election, you may 

not change methods without MMS approval. . . . 

206.180(b)(3) ...................................... (b) Determining a processing allowance if you have 

a non-arm’s-length contract or no contract.

20 1 20 

(3) Your processing allowance under this paragraph 

(b) must be determined based upon a calendar 

year or other period if you and MMS agree to an 

alternative. 

206.180(c)(1) ...................................... (c) Reporting your processing allowance ................... AUDIT PROCESS. See note. 

(1) If MMS requests, you must submit all data used 

to determine your processing allowance. . . . 

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

(2) You must report gas processing allowances as a 

separate entry on the Form MMS–2014. . . . 

Burden covered under OMB Control Number 

1010–0140. Burden covered under § 210.52. 

(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 MMS–2014, you are required to pay additional royalties, plus interest computed under 30 

CFR 218.54 from the first day of the first month 

you deducted a processing allowance until the 

date you pay the royalties due. . . . 

206.181(c) .......................................... How do I establish processing costs for dual accounting purposes when I do not process the gas?.40 1 40 

(c) A proposed comparable processing fee submitted 

to either the tribe and MMS (for tribal leases) or 

MMS (for allotted leases) with your supporting 

documentation submitted to MMS. If MMS does 

not take action on your proposal within 120 days, 

the proposal will be deemed to be denied and 

subject to appeal to the MMS Director under 30 

CFR part 290. 

207—SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS 

Subpart A—General Provisions 

207.4(b) .............................................. Contracts made pursuant to old form leases ............. AUDIT PROCESS. See note. 

(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 

. . . 

207.5 ................................................... Contract and sales agreement retention .................... AUDIT PROCESS. See note. 

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recordkeeping requirement Hour burden 

Average number of annual 

responses 

Annual 

burden 

hours 

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 MMS, State or 

Indian representatives, other MMS or BLM officials, auditors of the General Accounting Office, or 

other persons authorized to receive such documents, or shall be submitted to MMS within a reasonable period of time, as determined by MMS. 

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 212. 

Total Burden ................................ ..................................................................................... ........................ 140 1,074 

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

1995 because MMS 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. 

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

the PRA requires each agency to ‘‘* * * 

publish a 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: (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 August 

1, 2008 (73 FR 45055), announcing that 

we would submit this ICR to OMB for 

approval. (The Federal Register printed 

an additional notice correcting the 

response date for comments on August 

8, 2008 (73 FR 46367).) 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. 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 April 27, 2009. 

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 also will post all 

comments, including names and 

addresses of respondents, at http:// 

www.regulations.gov. Before including 

your address, phone number, e-mail 

address, or other personal identifying 

information in your comment, be 

advised 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 from 

public view your personal identifying 

information, we cannot guarantee that 

we will be able to do so. 

MMS Information Collection 

Clearance Officer: Arlene Bajusz, (202) 

208–7744. 

Dated: February 6, 2009. 

Mary A. Williams, 

Acting Associate Director for Minerals 

Revenue Management. 

[FR Doc. E9–6901 Filed 3–26–09; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Notification of Pending Nominations 

and Related Actions 

Nominations for the following 

properties being considered for listing 

or related actions in the National 

Register were received by the National 

Park Service before March 14, 2009. 

Pursuant to section 60.13 of 36 CFR part 

60 written comments concerning the 

significance of these properties under 

the National Register criteria for 

evaluation may be forwarded by United 

States Postal Service, to the National 

Register of Historic Places, National 

Park Service, 1849 C St., NW., 2280, 

Washington, DC 20240; by all other 

carriers, National Register of Historic 

Places, National Park Service, 1201 Eye 

St., NW., 8th floor, Washington, DC 

20005; or by fax, 202–371–6447. Written 

or faxed comments should be submitted 

by April 13, 2009. 

J. Paul Loether, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

ARIZONA 

Maricopa County 

Burgess Lateral Historic District, Adjacent to 

Arcadia Dr. between the Arizona Canal and 

Lafayette Blvd., between 47th Pl. and 47th 

St., Phoenix, 09000221 

COLORADO 

Montrose County 

Denver & Rio Grande Western Railroad 

Caboose No. 0577, Approximately 1 mi. N. 

by NE. of US 50 at Cimarron, adjacent to 

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