Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 47969 

right-of-way, WYW–38612, issued to Big 

Horn County for road purposes; and 

right-of-way, WYW–128844, issued to 

Big Horn County for road purposes; and 

right-of-way, WYW–165789, issued to 

PacifiCorp for a powerline; a right-ofway, WYW–044411, issued to 

PacifiCorp for a powerline; a right-ofway, WYW–138721,issued to TCT West 

for a buried cable; a right-of-way, 

WYW–112026, issued to WAPA for a 

powerline; a right-of-way, WYW–94163, 

issued to PacifiCorp for a powerline; 

and a right-of-way, WYW–0313050, 

issued to Qwest for a telephone line. 

Specific covenants required by the 

Federal Aviation Administration will 

also be included in the conveyance and 

are available by contacting the office 

listed below. 

The conveyance is consistent with the 

Cody Resource Management Plan. The 

land is not required for any other 

Federal purpose. 

Upon publication of this notice in the 

Federal Register, the above described 

land will be segregated from all forms of 

appropriation under the public land 

laws, including the general mining laws, 

except applications for airport purposes 

and leasing under the mineral leasing 

laws. 

For a period of 45 days from the date 

of publication of this notice in the 

Federal Register, interested parties may 

submit comments to the BLM, Branch of 

Fluid Mineral Operations, Lands, & 

Appraisal, (Attn: Janelle Wrigley), 

Wyoming State Office, P.O. Box 1828, 

Cheyenne, Wyoming 82003. Only 

written comments submitted by postal 

service or overnight mail to the 

Wyoming State Office will be 

considered properly filed. Electronic 

mail, facsimile or telephone comments 

will not be considered properly filed. 

Any adverse comments will be 

evaluated by the State Director, who 

may sustain, vacate, or modify this 

realty action. In the absence of any 

objection, this proposed realty action 

will become final. 

Dated: July 25, 2008. 

Tamara J. Gertsch, 

Realty Officer. 

[FR Doc. E8–18901 Filed 8–14–08; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

[Docket No. MMS–2008–MRM–0031] 

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–

0136). 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), we are inviting comments on a 

collection of information that we will 

submit to the Office of Management and 

Budget (OMB) for review and approval. 

This information collection request 

(ICR) pertains to valuation of oil and gas 

produced from Federal onshore and 

offshore leases. We changed the title of 

this ICR to meet OMB requirements and 

to reflect the consolidation of two ICRs 

relating to Federal oil and gas valuation. 

The new title of this ICR is ‘‘30 CFR 

Parts 202, 204, and 206, Federal Oil and 

Gas Valuation.’’ In this extension, we 

are consolidating the following ICRs, 

which allows programwide review of 

Federal oil and gas leases: 

• 1010–0136, previously titled ‘‘30 

CFR Part 202—Royalties, Subpart C—

Federal and Indian Oil and Subpart D—

Federal Gas; and Part 206—Product 

Valuation, Subpart C—Federal Oil and 

Subpart D—Federal Gas;’’ and 

• 1010–0155, previously titled ‘‘30 

CFR Part 204—Alternatives for Marginal 

Properties, Subpart C—Accounting and 

Auditing Relief.’’

DATES: Submit written comments on or 

before October 14, 2008. 

ADDRESSES: You may submit comments 

by the following methods: 

• Electronically go to http:// 

www.regulations.gov. In the ‘‘Comment 

or Submission’’ column, enter ‘‘MMS–

2008–MRM–0031’’ 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 1010–0136 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 Blvd., Denver, Colorado 

80225. Please reference ICR 1010–0136 

in your comments. 

FOR FURTHER INFORMATION CONTACT: Hyla 

Hurst, telephone (303) 231–3495, or email 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, 204, and 206, 

Federal Oil and Gas Valuation. 

OMB Control Number: 1010–0136. 

Bureau Form Number: Form MMS–

4393. 

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). Under the 

Mineral Leasing Act (30 U.S.C. 1923), 

the Indian Mineral Development Act of 

1982 (25 U.S.C. 2103), and the Outer 

Continental Shelf Lands Act (43 U.S.C. 

1353), the Secretary is responsible for 

managing the production of minerals 

from Federal and Indian lands and the 

OCS, collecting royalties and other 

mineral revenues from lessees who 

produce minerals, and distributing the 

funds collected in accordance with 

applicable laws. The MMS performs the 

mineral revenue management functions 

for the Secretary. Applicable public 

laws pertaining to mineral leases on 

Federal and Indian lands are located at 

http://www.mrm.mms.gov/Laws_R_D/ 

PublicLawsAMR.htm. 

General Information 

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 use the information collected in 

this ICR to ensure that royalty is 

accurately valued and appropriately 

paid on oil and gas produced from 

mstockstill on PROD1PC66 with NOTICES

47970 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 

Federal onshore and offshore leases. 

Please refer to the chart for all reporting 

requirements and associated burden 

hours. All data submitted is subject to 

subsequent audit and adjustment. 

Valuation Regulations 

The valuation regulations at 30 CFR 

part 206, subparts C and D, require 

companies to collect and/or submit 

information used to value their Federal 

oil and gas, including transportation 

and processing allowance limit 

information. This is accomplished on 

Form MMS–2014, Report of Sales and 

Royalty Remittance (OMB Control 

Number 1010–0140, expires November 

30, 2009). The information requested is 

the minimum necessary to carry out our 

mission and places the least possible 

burden on respondents. If the 

information is not collected, a loss of 

royalties may result for both Federal and 

state governments. 

Transportation and Processing 

Regulatory Allowance Limits 

The reasonable, actual costs of 

transportation and processing may be 

deducted from Federal royalties. 

Regulatory Allowance Limit for 

Transportation 

Under certain circumstances, lessees 

are authorized to deduct from royalty 

payments the reasonable, actual costs of 

transporting the royalty portion of 

produced oil and gas from the lease to 

a processing or sales point not in the 

immediate lease area. For oil and gas, 

regulations establish the allowable limit 

on transportation allowance deductions 

at 50 percent of the value of the oil or 

gas at the point of sale. 

Regulatory Allowance Limit for 

Processing 

When gas is processed for the 

recovery of gas plant products, lessees 

may claim a processing allowance. 

Regulations establish the allowable limit 

on processing allowance deductions at 

662⁄3 percent of the value of each gas 

plant product. 

Request to Exceed Regulatory 

Allowance Limitation, Form MMS–4393 

Lessees may request to exceed 

regulatory limitations. Upon proper 

application from the lessee, we may 

approve an oil or gas transportation 

allowance in excess of 50 percent or a 

gas processing allowance in excess of 

662⁄3 percent on Federal leases. To 

request permission to exceed a 

regulatory allowance limit, lessees must 

submit a letter to MMS explaining why 

a higher allowance limit is necessary 

and provide supporting documentation, 

including a completed Form MMS–

4393. This form provides us with the 

data necessary to identify the properties 

and time periods for which the lessee is 

requesting to exceed the regulatory 

limits. 

Accounting and Auditing Relief for 

Marginal Properties 

We amended our regulations in 2004 

to provide guidance to lessees and 

designees seeking accounting and 

auditing relief for Federal marginal 

properties. There are two types of relief: 

(1) cumulative royalty reports and 

payments relief; and (2) other relief. 

Under 30 CFR 204.202, MMS requires 

notification from lessees who request to 

take the cumulative royalty reporting 

and payment relief option. Under 30 

CFR 204.203, MMS requires a relief 

request from lessees who want to obtain 

any other type of accounting and 

auditing relief. 

A state may decide in advance if it 

will allow either or both relief options 

for each particular year. After consulting 

with the state concerned, we will 

approve, deny, or modify requests in 

writing. Under the regulations, both 

MMS and the state concerned must 

approve any accounting and auditing 

relief granted for a marginal property. 

OMB Approval 

We are requesting OMB 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. Proprietary 

information submitted to MMS under 

this collection is protected, and no 

items of a sensitive nature are included 

in this information collection. 

For information collections relating to 

valuation requirements, responses are 

mandatory. For the remaining 

information collections in this ICR, 

responses are voluntary; only those 

lessees who request approval to exceed 

the regulatory limits on transportation 

and processing allowances or to obtain 

the benefits of accounting and auditing 

relief for marginal properties must 

supply this information. 

Frequency of Response: Annually and 

on occasion. 

Estimated Number and Description of 

Respondents: 102 Federal lessees/ 

designees and 4 states. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 21,055 

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

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

PART 202S—ROYALTIES 

Subpart C—Federal and Indian Oil 

§ 202.101 Standards for reporting and paying royalties. 

202.101 ................................... 202.101 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). 

Subpart D—Federal Gas 

§ 202.152 Standards for reporting and paying royalties on gas. 

202.152(a) and (b) .................. 202.152(a)(1) If you are responsible for reporting production or royalties you must: Burden covered under OMB Control Number 

1010–0140. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 47971 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

(i) Report gas volumes and British thermal unit (Btu) heating 

values, if applicable, under the same degree of water 

saturation; 

(ii) Report gas volumes in units of 1,000 cubic feet (mcf); 

and 

(iii) Report gas volumes and Btu heating value at a standard pressure base of 14.73 pounds per square inch absolute (psia) and a standard temperature base of 60 °F. 

* * * 

(b) Residue gas and gas plant product volumes shall be reported as specified in this paragraph. * * * 

PART 204—ALTERNATIVES FOR MARGINAL PROPERTIES 

Subpart C—Accounting and Auditing Relief 

§ 204.202 What is the cumulative royalty reports and payments relief option? 

204.202(b)(1) .......................... 204.202(b) To use the cumulative royalty reports and payments relief option, you must do all of the following: 40 1 40 

(1) Notify MMS in writing by January 31 of the calendar 

year for which you begin taking your relief. * * * 

204.202(b)(2) .......................... 204.202(b)(2) Submit your royalty report and payment 

* * *by the end of February of the year following the calendar year for which you reported annually. * * * If you 

have an estimated payment on file, you must submit your 

royalty report and payment by the end of March of the 

year following the calendar year for which you reported 

annually; 

Burden covered under OMB Control Number 

1010–0140. 

(3) Use the sales month prior to the month that you submit 

your annual report and payment * * * for the entire previous calendar year’s production for which you are paying 

annually. * * * 

204.202(b)(4), (b)(5), (c), 

(d)(1), (d)(2), (e)(1), and 

(e)(2).

204.202(b) To use the cumulative royalty reports and payments relief option, you must * * * Burden covered under OMB Control Number 

1010–0140. 

(4) Report one line of cumulative royalty information on 

Form MMS–2014 for the calendar year * * * and 

(5) Report allowances on Form MMS–2014 on the same 

annual basis as the royalties for your marginal property 

production. 

(c) If you do not pay your royalty by the date due in paragraph (b) of this section, you will owe late payment interest * * * from the date your payment was due under this 

section until the date MMS receives it. * * * 

(e) If you dispose of your ownership interest in a marginal 

property for which you have taken relief * * * you must: 

(1) Report and pay royalties for the portion of the calendar 

year for which you had an ownership interest; and 

(2) Make the report and payment by the end of the month 

after you dispose of the ownership interest in the marginal property. If you do not report and pay timely, you 

will owe interest * * * from the date the payment was 

due. * * * 

§ 204.203 What is the other relief option? 

204.203(b) ............................... 204.203(b) You must request approval from MMS * * * 

before taking relief under this option. 

200 1 200 

§ 204.205 How do I obtain accounting and auditing relief? 

204.205(a) and (b) .................. 204.205(a) To take cumulative reports and payments relief 

under § 204.202, you must notify MMS in writing by January 31 of the calendar year for which you begin taking 

your relief. * * * 

Burden covered under § 204.203(b). 

mstockstill on PROD1PC66 with NOTICES

47972 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

(b) To obtain other relief under § 204.203, you must file a 

written request for relief with MMS. * * * 

§ 204.206 What will MMS do when it receives my request for other relief? 

204.206(a)(3)(i) and (b)(1) ...... 204.206 When MMS receives your request for other relief 

under § 204.205(b), it will notify you in writing as follows: 

Burden covered under § 204.203(b). 

(a) If your request for relief is complete, MMS may either 

approve, deny, or modify your request in writing after consultation with any State. * * * 

(3) If MMS modifies your relief request, MMS will notify you 

of the modifications. 

(i) You have 60 days from your receipt of MMS’s notice to 

either accept or reject any modification(s) in writing. * * * 

(b) If your request for relief is not complete, MMS will notify 

you in writing. * * * 

(1) You must submit the missing information within 60 days 

of your receipt of MMS’s notice. * * * 

§ 204.208 May a State decide that it will or will not allow one or both of the relief options under this subpart? 

204.208(c)(1) and (d)(1) ......... 204.208(c) If a State decides * * * that it will or will not 

allow one or both of the relief options * * * within 30 

days * * * the State must: 

40 4 160 

(1) Notify the Associate Director for Minerals Revenue Management, MMS, in writing, of its intent to allow or not 

allow one or both of the relief options. * * * 

(d) If a State decides in advance * * * that it will not allow 

one or both of the relief options * * * the State must: 

(1) Notify the Associate Director for Minerals Revenue Management, MMS, in writing, of its intent to allow one or 

both of the relief options. * * * 

§ 204.209 What if a property ceases to qualify for relief obtained under this subpart? 

204.209(b) ............................... 204.209(b) If a property is no longer eligible for relief * * * 

the relief for the property terminates as of December 31 

of that calendar year. You must notify MMS in writing by 

December 31 that the relief for the property has terminated. * * * 

6 1 6 

§ 204.210 What if a property is approved as part of a nonqualifying agreement? 

204.210(c) and (d) .................. 204.210(c) * * * the volumes on which you report and pay 

royalty * * * must be amended to reflect all volumes produced on or allocated to your lease under the nonqualifying agreement as modified by BLM. * * * Report and 

pay royalties for your production using the procedures in 

§ 204.202(b). 

Burden covered under OMB Control Number 

1010–0140. 

(d) If you owe additional royalties based on the retroactive 

agreement approval and do not pay your royalty by the 

date due in § 204.202(b), you will owe late payment interest determined under 30 CFR 218.54 from the date your 

payment was due under § 204.202(b)(2) until the date 

MMS receives it. 

§ 204.214(b) Is minimum royalty due on a property for which I took relief? 

204.214(b)(1) and (b)(2) ......... 204.214(b) If you pay minimum royalty on production from 

a marginal property during a calendar year for which you 

are taking cumulative royalty reports and payment relief, 

and: 

Burden covered under OMB Control Number 

1010–0140. 

(1) The annual payment you owe under this subpart is 

greater than the minimum royalty you paid, you must pay 

the difference between the minimum royalty you paid and 

your annual payment due under this subpart; or 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 47973 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

(2) The annual payment you owe under this subpart is less 

than the minimum royalty you paid, you are not entitled to 

a credit because you must pay at least the minimum royalty amount on your lease each year. 

PART 206—PRODUCT VALUATION 

Subpart C—Federal Oil 

§ 206.102 How do I calculate royalty value for oil that I or my affiliate sell(s) under an arm’s-length contract? 

206.102(e)(1) .......................... 206.102(e) If you value oil under paragraph (a) of this section: (1) MMS may require you to certify that your or your 

affiliate’s arm’s-length contract provisions include all of 

the consideration the buyer must pay, either directly or indirectly, for the oil. 

AUDIT PROCESS. See note. 

§ 206.103 How do I value oil that is not sold under an arm’s-length contract? 

206.103(a) ............................... 206.103 This section explains how to value oil that you 

may not value under § 206.102 or that elect under 

§ 206.102(d) to value under this section. First determine 

whether paragraph (a), (b), or (c) of this section applies to 

production from your lease, or whether you may apply 

paragraph (d) or (e) with MMS approval. 

45 5 225 

(a) Production from leases in California or Alaska. Value is 

the average of the daily mean ANS spot prices published 

in any MMS-approved publication during the trading 

month most concurrent with the production month. * * * 

(1) To calculate the daily mean spot price. * * * 

(2) Use only the days. * * * 

(3) You must adjust the value. * * * 

206.103(a)(4) .......................... 206.103(a)(4) After you select an MMS-approved publication, you may not select a different publication more often 

than once every 2 years, * * *. 

8 2 16 

206.103(b)(1) .......................... 206.103(b) Production from leases in the Rocky Mountain 

Region. * * * (1) If you have an MMS-approved tendering 

program, you must value oil. * * * 

400 2 800 

206.103(b)(1)(ii) ...................... 206.103(b)(1)(ii) If you do not have an MMS-approved tendering program, you may elect to value your oil under either paragraph (b)(2) or (b)(3) of this section. * * * 400 2 800 

206.103(b)(4) .......................... 206.103(b)(4) If you demonstrate to MMS’s satisfaction 

that paragraphs (b)(1) through (b)(3) of this section result 

in an unreasonable value for your production as a result 

of circumstances regarding that production, the MMS Director may establish an alternative valuation method. 

400 2 800 

206.103(c)(1) .......................... 206.103(c) Production from leases not located in California, Alaska or the Rocky Mountain Region. (1) Value is 

the NYMEX price, plus the roll, adjusted for applicable location and quality differentials and transportation costs 

under § 206.112. 

50 10 500 

206.103(e)(1) and (2) ............. 206.103(e) Production delivered to your refinery and the 

NYMEX price or ANS spot price is an unreasonable 

value. 

330 2 660 

(1) * * * you may apply to the MMS Director to establish a 

value representing the market at the refinery if: * * *. 

(2) You must provide adequate documentation and evidence demonstrating the market value at the refinery. 

* * * 

§ 206.105 What records must I keep to support my calculations of value under this subpart? 

206.105 ................................... 206.105 If you determine the value of your oil under this 

subpart, you must retain all data relevant to the determination of royalty value. * * * 

Burden covered under OMB Control Number 

1010–0140. 

mstockstill on PROD1PC66 with NOTICES

47974 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

§ 206.107 How do I request a value determination? 

206.107(a) ............................... 206.107(a) You may request a value determination from 

MMS. * * * 

330 8 2,640 

§ 206.109 When may I take a transportation allowance in determining value? 

206.109(c)(2) .......................... 206.109(c) Limits on transportation allowances. (2) You 

may ask MMS to approve a transportation allowance in 

excess of the limitation in paragraph (c)(1) of this section. 

* * * 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. * * * 

8 1 8 

§ 206.110 How do I determine a transportation allowance under an arm’s-length transportation contract? 

206.110(a) ............................... 206.110(a) * * * You must be able to demonstrate that 

you or your affiliate’s contract is at arm’s length. * * * 

AUDIT PROCESS. See note. 

206.110(d)(3) .......................... 206.110(d) If your arm’s-length transportation contract includes more than one liquid product, and the transportation costs attributable to each product cannot be determined. * * * 330 2 660 

(3) You may propose to MMS a cost allocation method. 

* * * 

206.110(e) ............................... 206.110(e) If your 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, then you must propose an allocation procedure to MMS. 330 1 330 

206.110(e)(1) and (2) ............. 206.110(e)(1) * * * If MMS rejects your cost allocation, 

you must amend your Form MMS–2014 * * * 

Burden covered under OMB Control Number 

1010–0140. 

(2) You must submit your initial proposal, including all available data, within 3 months after first claiming the allocated deductions on Form MMS–2014. 

206.110(g)(2) .......................... 206.110(g) If your arm’s-length sales includes a provision 

reducing the contract price by a transportation factor, 

* * * 

330 1 330 

(2) You must obtain MMS approval before claiming a transportation factor in excess of 50 percent of the base price 

of the product. 

§ 206.111 How do I determine a transportation allowance if I do not have an arm’s-length transportation contract or arm’s-length tariff? 

206.111(g) ............................... 206.111(g) To compute depreciation, you may elect to use 

either * * * After you make an election, you may not 

change methods without MMS approval. * * * 

330 1 330 

206.111(k)(2) .......................... 206.111(k)(2) You may propose to MMS a cost allocation 

method on the basis of the values * * * 

330 1 330 

206.111(l)(1) ........................... 206.111(l)(1) Where you transport both gaseous and liquid 

products through the same transportation system, you 

must propose a cost allocation procedure to MMS. 

330 1 330 

206.111(l)(2) ........................... 206.111(l)(2) * * * If MMS rejects your cost allocation, you 

must amend your Form MMS–2104 for the months that 

you used the rejected method and pay any additional royalty and interest due. 

Burden covered under OMB Control Number 

1010–0140. 

206.111(l)(3) ........................... 206.111(l)(3) You must submit your initial proposal, including all available data, within 3 months after first claiming 

the allocated deductions on Form MMS–2014. 

Burden covered under § 206.111(l)(1). 

§ 206.112 What adjustments and transportation allowances apply when I value oil production from my lease using NYMEX prices or ANS spot 

prices? 

206.112(a)(1)(ii) ...................... 206.112(a)(1)(ii) * * * under an exchange agreement that 

is not at arm’s length, you must obtain approval from 

MMS for a location and quality differential. * * * 

330 1 330 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 47975 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

206.112(a)(1)(ii) ...................... 206.112(a)(1)(ii) * * * If MMS prescribes a different differential, you must apply. * * * You must pay any additional royalties owed * * * plus the late payment interest 

from the original royalty due date, or you may report a 

credit. * * * 

330 2 660 

206.112(a)(3) and (4) ............. 206.112(a)(3) If you transport or exchange at arm’s length 

(or both transport and exchange) at least 20 percent, but 

not all, of your oil produced from the lease to a market 

center, determine the adjustment between the lease and 

the market center for the oil that is not transported or exchanged (or both transported and exchanged) to or 

through a market center as follows: * * *. 

330 4 1,320 

(4) If you transport or exchange (or both transport and exchange) less than 20 percent of your crude oil produced 

from the lease between the lease and a market center, 

you must propose to MMS an adjustment between the 

lease and the market center for the portion of the oil that 

you do not transport or exchange (or both transport and 

exchange) to a market center. * * * If MMS prescribes a 

different adjustment. * * * You must pay any additional 

royalties owed * * * plus the late payment interest from 

the original royalty due date, or you may report a credit. 

* * * 

206.112(b)(3) .......................... 206.112(b)(3) * * * you may propose an alternative differential to MMS. * * * If MMS prescribes a different differential * * *. You must pay any additional royalties 

owed * * * plus the late payment interest from the original royalty due date, or you may report a credit. * * * 

330 4 1,320 

206.112(c)(2) .......................... 206.112(c)(2) * * * If quality bank adjustments do not incorporate or provide for adjustments for sulfur content, 

you may make sulfur adjustments, based on the quality of 

the representative crude oil at the market center, of 5.0 

cents per one-tenth percent difference in sulfur content, 

unless MMS approves a higher adjustment. 

330 2 660 

§ 206.114 What are my reporting requirements under an arm’s-length transportation contract? 

206.114 ................................... 206.114 You or your affiliate must use a separate entry on 

Form MMS–2014 to notify MMS of an allowance based 

on transportation costs you or your affiliate incur. 

Burden covered under OMB Control Number 

1010–0140. 

206.114 ................................... 206.114 MMS may require you or your affiliate to submit 

arm’s-length transportation contracts, production agreements, operating agreements, and related documents. 

AUDIT PROCESS. See note. 

§ 206.115 What are my reporting requirements under a non-arm’s-length transportation arrangement? 

206.115(a) ............................... 206.115(a) You or your affiliate must use a separate entry 

on Form MMS–2014 to notify MMS of an allowance 

based on transportation costs you or your affiliate incur. 

Burden covered under OMB Control Number 

1010–0140. 

206.115(c) ............................... 206.115(c) MMS may require you or your affiliate to submit all data used to calculate the allowance deduction. 

* * * 

AUDIT PROCESS. See note. 

Subpart D—Federal Gas 

§ 206.152 Valuation standards-unprocessed gas. 

206.152(b)(1)(i) and (iii) .......... 206.152(b)(1)(i) * * * The lessee shall have the burden of 

demonstrating that its contract is arm’s-length. * * * 

AUDIT PROCESS. See note. 

(iii) * * * When MMS determines that the value may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying 

the lessee’s value. 

206.152(b)(2) .......................... 206.152(b)(2) * * * The lessee must request a value determination in accordance with paragraph (g) of this section for gas sold pursuant to a warranty contract; * * *. 330 1 330 

mstockstill on PROD1PC66 with NOTICES

47976 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

206.152(b)(3) .......................... 206.152(b)(3) MMS may require a lessee to certify that its 

arm’s-length contract provisions include all of the consideration to be paid by the buyer, either directly or indirectly, for the gas. 

AUDIT PROCESS. See note. 

206.152(e)(1) .......................... 206.152(e)(1) Where the value is determined pursuant to 

paragraph (c) of this section, the lessee shall retain all 

data relevant to the determination of royalty value. * * * 

Burden covered under OMB Control Number 

1010–0140. 

206.152(e)(2) .......................... 206.152(e)(2) Any Federal lessee will make available upon 

request to the authorized MMS or State representatives, 

to the Office of the Inspector General of the Department 

of the Interior, or other person authorized to receive such 

information, arm’s-length sales and volume data for likequality production sold, purchased or otherwise obtained 

by the lessee from the field or area or from nearby fields 

or areas. 

AUDIT PROCESS. See note. 

206.152(e)(3) .......................... 206.152(e)(3) A lessee shall notify MMS if it has determined value pursuant to paragraph (c)(2) or (c)(3) of this 

section. * * * 

330 2 660 

206.152(g) ............................... 206.152(g) The lessee may request a value determination 

from MMS. * * * The lessee shall submit all available 

data relevant to its proposal. * * * 

330 6 1,980 

§ 206.153 Valuation standards—processed gas. 

206.153(b)(1)(i) and (iii) .......... 206.153(b)(1)(i) * * * The lessee shall have the burden of 

demonstrating that its contract is arm’s-length. * * * 

(iii) * * * When MMS determines that the value may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying 

the lessee’s value. 

AUDIT PROCESS. See note. 

206.153(b)(2) .......................... 206.153(b)(2) * * * The lessee must request a value determination in accordance with paragraph (g) of this section for gas sold pursuant to a warranty contract; * * *. 330 1 330 

206.153(b)(3) .......................... 206.153(b)(3) MMS may require a lessee to certify that its 

arm’s-length contract provisions include all of the consideration to be paid by the buyer, either directly or indirectly, for the residue gas or gas plant product. 

AUDIT PROCESS. See note. 

206.153(e)(1) .......................... 206.153(e)(1) Where the value is determined pursuant to 

paragraph (c) of this section, the lessee shall retain all 

data relevant to the determination of royalty value. * * * 

Burden covered under OMB Control Number 

1010–0140. 

206.153(e)(2) .......................... 206.153(e)(2) Any Federal lessee will make available upon 

request to the authorized MMS or State representatives, 

to the Office of the Inspector General of the Department 

of the Interior, or other persons authorized to receive 

such information, arm’s-length sales and volume data for 

like-quality residue gas and gas plant products sold, purchased or otherwise obtained by the lessee from the 

same processing plant or from nearby processing plants. 

AUDIT PROCESS. See note. 

206.153(e)(3) .......................... 206.153(e)(2) A lessee shall notify MMS if it has determined any value pursuant to paragraph (c)(2) or (c)(3) of 

this section. * * * 

330 2 660 

206.153(g) ............................... 206.153(g) The lessee may request a value determination 

from MMS. * * * The lessee shall submit all available 

data relevant to its proposal. * * * 

330 4 1,320 

§ 206.154 Determination of quantities and qualities for computing royalties. 

206.154(c)(4) .......................... 206.154(c)(4) * * * A lessee may request MMS approval 

of other methods for determining the quantity of residue 

gas and gas plant products allocable to each lease. * * * 

330 1 330 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 47977 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

§ 206.156 Transportation allowances-general. 

206.156(c)(3) .......................... 206.156(c)(3) Upon request of a lessee, MMS may approve a transportation allowance deduction in excess of 

the limitation prescribed by paragraphs (c)(1) and (c)(2) of 

this section. * * * An application for exception (using 

Form MMS–4393, Request to Exceed Regulatory Allowance Limitation) shall contain all relevant and supporting 

documentation necessary for MMS to make a determination. * * * 

8 3 24 

§ 206.157 Determination of transportation allowances. 

206.157(a)(1)(i) ....................... 206.157(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. 

206.157(a)(1)(i) ....................... 206.157(a)(1)(i) * * * The lessee must claim a transportation allowance by reporting it on a separate line entry 

on the Form MMS–2014. 

Burden covered under OMB Control Number 

1010–0140. 

206.157(a)(1)(iii) ..................... 206.157(a)(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. 

AUDIT PROCESS. See note. 

206.157(a)(2)(ii) ...................... 206.157(a)(2)(ii) * * * the lessee may propose to MMS a 

cost allocation method on the basis of the values of the 

products transported. * * * 

330 1 330 

206.157(a)(3) .......................... 206.157(a)(3) If an arm’s-length transportation contract includes both gaseous and liquid products and the transportation costs attributable to each cannot be determined 

from the contract, the lessee shall propose an allocation 

procedure to MMS. * * * The lessee shall submit all relevant data to support its proposal. * * * 

330 1 330 

206.157(a)(5) .......................... 206.157(a)(5) * * * The transportation factor may not exceed 50 percent of the base price of the product without 

MMS approval. 

100 1 100 

206.157(b)(1) .......................... 206.157(b) Non-arm’s-length or no contract. (1) The lessee must claim a transportation allowance by reporting it 

on a separate line entry on the Form MMS–2014. * * * 

Burden covered under OMB Control Number 

1010–0140. 

206.157(b)(2)(iv) and 

(b)(2)(iv)(A).

206.157(b)(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 the MMS. 

100 1 100 

(A) After an election is made, the lessee may not change 

methods without MMS approval. * * * 

206.157(b)(3)(i) ....................... 206.157(b)(3)(i) * * * Except as provided in this paragraph, the lessee may not take an allowance for transporting a product which is not royalty bearing without 

MMS approval. 

100 1 100 

206.157(b)(3)(ii) ...................... 206.157(b)(3)(ii) * * * the lessee may propose to the 

MMS a cost allocation method on the basis of the values 

of the products transported. * * * 

100 1 100 

206.157(b)(4) .......................... 206.157(b)(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 relevant data to support 

its proposal. * * * 

100 1 100 

206.157(b)(5) .......................... 206.157(b)(5) You may apply for an exception from the requirement to compute actual costs under paragraphs 

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

100 1 100 

206.157(c)(1)(i) ....................... 206.157(c) Reporting Requirements. (1) Arm’s-length contracts. (i) You must use a separate entry on Form MMS–

2014 to notify MMS of a transportation allowance. 

Burden covered under OMB Control Number 

1010–0140. 

mstockstill on PROD1PC66 with NOTICES

47978 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

206.157(c)(1)(ii) ...................... 206.157(c)(1)(ii) The MMS may require you to submit 

arm’s-length transportation contracts, production agreements, operating agreements, and related documents. 

* * * 

AUDIT PROCESS. See note. 

206.157(c)(2)(i) ....................... 206.157(c)(2) Non-arm’s-length or no contract. (i) You 

must use a separate entry on Form MMS–2014 to notify 

MMS of a transportation allowance. 

Burden covered under OMB Control Number 

1010–0140. 

206.157(c)(2)(iii) ...................... 206.157(c)(2)(iii) The MMS may require you to submit all 

data used to calculate the allowance deduction. * * * 

AUDIT PROCESS. See note. 

206.157(e)(2), (e)(3), and 

(f)(1).

206.157(e) Adjustments. (2) For lessees transporting production from onshore Federal leases, the lessee must 

submit a corrected Form MMS–2014 to reflect actual 

costs, together with any payment, in accordance with instructions provided by MMS. 

Burden covered under OMB Control Number 

1010–0140. 

(3) For lessees transporting gas production from leases on 

the OCS, if the lessee’s estimated transportation allowance exceeds the allowance based on actual costs, the 

lessee must submit a corrected Form MMS–2014 to reflect actual costs, together with its payments, in accordance with instructions provided by MMS. * * * 

(f) Allowable costs in determining transportation allowances. 

* * * (1) Firm demand charges paid to pipelines * * * if 

you receive a payment or credit from the pipeline for penalty refunds, rate case refunds, or other reasons, you 

must reduce the firm demand charge claimed on the 

Form MMS–2014 by the amount of that payment. You 

must modify Form MMS–2014 by the amount received or 

credited for the affected reporting period and pay any resulting royalty and late payment interest due; 

§ 206.158 Processing allowances—general. 

206.158(c)(3) .......................... 206.158(c)(3) Upon request of a lessee, MMS may approve a processing allowance in excess of the limitation 

prescribed by paragraph (c)(2) of this section. * * * An 

application for exception (using Form MMS–4393, Request to Exceed Regulatory Allowance Limitation) shall 

contain all relevant and supporting documentation for 

MMS to make a determination. * * * 

8 12 96 

206.158(d)(2)(i) ....................... 206.158(d)(2)(i) If the lessee incurs extraordinary costs for 

processing gas production from a gas production operation, it may apply to MMS for an allowance for those 

costs. * * * 

40 2 80 

206.158(d)(2)(ii) ...................... 206.158(d)(2)(ii) * * * to retain the authority to deduct the 

allowance the lessee must report the deduction to MMS 

in a form and manner prescribed by MMS. 

Burden covered under OMB Control Number 

1010–0140. 

§ 206.159 Determination of processing allowances. 

206.159(a)(1)(i) ....................... 206.159(a) Arm’s-length processing contracts. AUDIT PROCESS. See note. 

(1)(i) * * * The lessee shall have the burden of demonstrating that its contract is arm’s-length. * * * 

206.159(a)(1)(i) ....................... 206.159(a)(1)(i) * * * The lessee must claim a processing 

allowance by reporting it on a separate line entry on the 

Form MMS–2014. 

Burden covered under OMB Control Number 

1010–0140. 

206.159(a)(1)(iii) ..................... 206.159(a)(1)(iii) * * * When MMS determines that the 

value of the processing may be unreasonable, MMS will 

notify the lessee and give the lessee an opportunity to 

provide written information justifying the lessee’s processing costs. 

AUDIT PROCESS. See note. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 47979 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR 202 and 206 Reporting and recordkeeping requirement Hour burden 

Average 

number of 

annual 

responses 

Annual 

burden 

hours 

206.159(a)(3) .......................... 206.159(a)(3) If an 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, the lessee shall propose an allocation procedure to MMS. * * * The lessee shall submit 

all relevant data to support its proposal. * * * 

330 1 330 

206.159(b)(1) .......................... 206.159(b) Non-arm’s-length or no contract. (1) * * * The 

lessee must claim a processing allowance by reflecting it 

as a separate line entry on the Form MMS–2014. * * * 

Burden covered under OMB Control Number 

1010–0140. 

206.159(b)(2)(iv) and 

(b)(2)(iv)(A).

206.159(b)(2)(iv) * * * When a lessee has elected to use 

either method for a processing plant, the lessee may not 

later elect to change to the alternative without approval of 

the MMS. 

100 1 100 

(A) * * * After an election is made, the lessee may not 

change methods without MMS approval. * * * 

206.159(b)(4) .......................... 206.159(b)(4) A lessee may apply to MMS for an exception from the requirements that it compute actual costs in 

accordance with paragraphs (b)(1) through (b)(3) of this 

section. * * * 

100 1 100 

206.159(c)(1)(i) ....................... 206.159(c) Reporting requirements—(1) Arm’s-length contracts. (i) The lessee must notify MMS of an allowance 

based on incurred costs by using a separate line entry on 

the Form MMS–2014. 

Burden covered under OMB Control Number 

1010–0140. 

206.159(c)(1)(ii) ...................... 206.159(c)(1)(ii) The MMS may require that a lessee submit arm’s-length processing contracts and related documents. * * * AUDIT PROCESS. See note. 

206.159(c)(2)(i) ....................... 206.159(c)(2) Non-arm’s-length or no contract. Burden covered under OMB Control Number 

1010–0140. 

(i) The lessee must notify MMS of an allowance based on 

incurred costs by using a separate line entry on the Form 

MMS–2014. 

206.159(c)(2)(iii) ...................... 206.159(c)(2)(iii) Upon request by MMS, the lessee shall 

submit all data used to prepare the allowance deduction. 

* * * 

AUDIT PROCESS. See note. 

206.159(e)(2) and (3) ............. 206.159(e) Adjustments. Burden covered under OMB Control Number 

1010–0140. 

(2) For lessees processing production from onshore Federal 

leases, the lessee must submit a corrected Form MMS–

2014 to reflect actual costs, together with any payment, in 

accordance with instructions provided by MMS. 

(3) For lessees processing gas production from leases on 

the OCS, if the lessee’s estimated processing allowance 

exceeds the allowance based on actual costs, the lessee 

must submit a corrected Form MMS–2014 to reflect actual costs, together with its payment, in accordance with 

instructions provided by MMS. * * * 

Total ................................. ............................................................................................ ........................ 106 21,055 

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’’ burden associated with the 

collection of information. 

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: Before submitting an ICR 

to OMB, PRA Section 3506(c)(2)(A) 

requires each agency ‘‘* * * to provide 

notice * * * and otherwise consult 

with members of the public and affected 

agencies concerning each proposed 

collection of information * * *.’’

Agencies must specifically solicit 

comments to: (a) Evaluate whether the 

proposed collection of information is 

necessary for the agency to perform its 

duties, including whether the 

information is useful; (b) evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information; (c) enhance the quality, 

usefulness, and clarity of the 

mstockstill on PROD1PC66 with NOTICES

47980 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 

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. 

The PRA also requires agencies to 

estimate the total annual reporting 

‘‘non-hour cost’’ burden to respondents 

or recordkeepers 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 you use to 

estimate major cost factors, including 

system and technology acquisition, 

expected useful life of capital 

equipment, discount rate(s), and the 

period over which you incur costs. 

Capital and startup costs include, 

among other items, computers and 

software you purchase to prepare for 

collecting information; 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 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 without charge 

upon request. The ICR also will be 

posted at http://www.mrm.mms.gov/ 

Laws_R_D/FRNotices/FRInfColl.htm. 

Public Comment Policy: We will post 

all comments in response to this notice 

at http://www.mrm.mms.gov/Laws_R_D/ 

FRNotices/FRInfColl.htm. We also will 

make copies of the comments available 

for public view, including names and 

addresses of respondents, during regular 

business hours at our offices in 

Lakewood, Colorado. 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: August 11, 2008. 

Gregory J. Gould, 

Associate Director for Minerals Revenue 

Management. 

[FR Doc. E8–18963 Filed 8–14–08; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging Consent Decree 

Under the Clean Air Act 

Pursuant to 28 CFR 50.7, notice is 

hereby given that, on August 12, 2008, 

a proposed Consent Decree in United 

States v. Salt River Project Agricultural 

Improvement and Power District 

[‘‘SRP’’], Civil Action No. 2:08-cv-1479- 

JAT (D. Ariz.), was lodged with the 

United States District Court for the 

District of Arizona. The Consent Decree 

addresses alleged violations of the Clean 

Air Act, 42 U.S.C. 7401–7671 et seq., 

and state and federal implementing 

regulations, which occurred at Units 1 

and 2 of the Coronado Generating 

Station, a coal-fired power plant owned 

and operated by SRP in St. Johns, 

Arizona. The alleged violations arise 

from the construction of modifications 

to the power plant without obtaining 

appropriate permits under the 

Prevention of Significant Deterioration 

provisions of the Clean Air Act, 42 

U.S.C. 7475, and Title V of the Act, 42 

U.S.C. 7661 et seq., and without 

installing and applying best available 

control technology at the plant to 

control emissions of various air 

pollutants. 

The proposed Consent Decree would 

resolve the claims alleged in the 

Complaint filed in this matter in 

exchange for SRP’s commitment to 

perform injunctive relief including: (1) 

Installation of appropriate pollution 

control technology to control emissions 

of nitrogen oxides (NOX), sulfur dioxide 

(SO2), and particulate matter (PM)—

including flue gas desulfurization 

devices to control SO2 on Units 1 and 

2 at the Coronado Station and 

installation of selective catalytic 

reduction to control NOX on one of the 

two units; (2) meet specified emission 

rates or removal efficiencies for SO2, 

NOX, and PM; (3) comply with a plantwide emissions cap for NOX; and (4) 

perform $4 million worth of projects to 

mitigate the alleged effects of its past 

violations. The proposed Consent 

Decree also requires SRP to pay a 

$950,000 civil penalty. 

The Department of Justice will receive 

comments relating to the proposed 

Consent Decree for period of thirty (30) 

days from the date of this publication. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and mailed either 

electronically to pubcommentees.enrd@usdoj.gov or in hard copy to 

the United States Department of Justice, 

P.O. Box 7611, Ben Franklin Station, 

Washington, DC 20044–7611. 

Comments should refer to United States 

v. Salt River Project Agricultural 

Improvement and Power District, Civil 

Action No. 2:08-cv-1479-JAT (D.Ariz.) 

and D.J. Ref. No. 90–5–2–1–09174. 

The Consent Decree may be examined 

at: (1) The offices of the United States 

Attorney, Two Renaissance Square, 40 

N. Central Avenue, Suite 1200, Phoenix, 

AZ 85004–4408; and (2) the offices of 

the U.S. Environmental Protection 

Agency, Region 9, 75 Hawthorne St., 

San Francisco, CA 94105. During the 

public comment period, the Consent 

Decree may also be examined on the 

following Web site: http:// 

www.usdoj.gov/enrd/Consent_

Decrees.html. A copy of the Consent 

Decree may also be obtained by mail 

from the Department of Justice Consent 

Decree Library, P.O. Box 7611, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $18.00 (72 pages at 25 

cents per page reproduction costs) 

payable to the U.S. Treasury. 

Maureen M. Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E8–18925 Filed 8–14–08; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice of petition for 

modification of existing mandatory 

safety standard. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR Part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of a petition for modification 

filed by the party listed below to modify 

the application of the existing 

mandatory safety standard published in 

mstockstill on PROD1PC66 with NOTICES