Proposed Rules. Notice of a revision of a currently approved information collection (OMB Control Number 1010-0136) SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR part 202—Royalties and part 206—Product Valuation

13,102 words·~60 min read·/register/2006/05/16/06-4588

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4310-FB-M DEPARTMENT OF THE INTERIOR Minerals Management Service Agency Information Collection Activities: Submitted for Office of Management and Budget

(OMB)Review; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of a revision of a currently approved information collection (OMB Control Number 1010-0136) SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request

(ICR)to renew approval of the paperwork requirements in the regulations under 30 CFR part 202—Royalties and part 206—Product Valuation. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. The title of this information collection request

(ICR)is “30 CFR Part 202—Royalties, Subparts C and D, and Part 206—Product Valuation, Subparts C and D (Federal Oil and Gas).” We changed the title of this ICR to clarify the regulatory language we cover under 30 CFR parts 202 and 206, address non-standard reporting requirements previously overlooked, and address relevant portions of three related ICRs titled: • 1010-0095: 30 CFR Part 206—Product Valuation (Request to Exceed Transportation and Processing Allowance Limitation), Subpart B—Indian Oil, § 206.54(b)(2); Subpart C—Federal Oil, § 206.109(c)(2); Subpart D—Federal Gas, §§ 206.156(c)(3), 206.158(c)(3), and 206.158(d)(2)(i); and Subpart E—Indian Gas, §§ 206.177(c)(2) and 206.177(c)(3) [Citations concerning Indian oil and gas are currently covered in ICR 1010-0103]; • 1010-0136: 30 CFR 206—Subpart C, Federal Oil Valuation; and • 1010-0157: 30 CFR 206—Subpart C, Federal Oil. DATES: Submit written comments on or before June 15, 2006. ADDRESSES: Submit written comments by either FAX

(202)395-6566 or e-mail ( *OIRA_Docket@omb.eop.gov* ) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (OMB Control Number 1010-0136). Please also send a copy of your comments to MMS via e-mail at *mrm.comments@mms.gov.* Include the title of the information collection and the OMB control number in the “Attention” line of your comment. Also include your name and return address. If you do not receive a confirmation that we have received your e-mail, contact Ms. Gebhardt at

(303)231-3211. You may also mail a copy of your comments to Sharron L. Gebhardt, Lead Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an overnight courier service or wish to hand-deliver your comments, our courier address is Building 85, Room A-614, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone

(303)231-3211, FAX

(303)231-3781, e-mail *Sharron.Gebhardt@mms.gov.* You may also contact Sharron Gebhardt to obtain, at no cost, copies of

(1)the ICR,

(2)any associated forms, and

(3)regulations that require the subject collection of information be sent to OMB. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR Part 202—Royalties, Subparts C and D, and Part 206—Product Valuation, Subparts C and D (Federal Oil and Gas). *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 matters relevant to mineral resource development on Federal and Indian lands and the Outer Continental Shelf (OCS), including managing the production of minerals, collecting royalties from lessees who produce minerals, and distributing the funds collected in accordance with applicable laws. The MMS performs the royalty management functions for the Secretary. Applicable Citations Applicable citations of the laws pertaining to mineral leases include:

(1)Public Law 97-451—Jan. 12, 1983 (Federal Oil and Gas Royalty Management Act of 1982 [FOGRMA]);

(2)Public Law 104-185—Aug. 13, 1996 (Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 [RSFA]), as corrected by Public Law 104-200—Sept. 22, 1996;

(3)The Mineral Leasing Act of 1920, Section 36, as amended (30 U.S.C. 192);

(4)Outer Continental Shelf Lands Act of 1953, Section 27, as amended (43 U.S.C. 1353);

(5)30 U.S.C. 189 pertaining to Public Lands; and

(6)30 U.S.C. 359 pertaining to Acquired Lands. Public laws pertaining to mineral royalties are located on our Web site at *http://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm* . The applicable regulations include 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. In addition, we include applicable citations from the 2004 Federal Oil Valuation Rule (69 FR 24959, published May 5, 2004) and the 2005 Federal Gas Valuation Rule (70 FR 11869, published March 10, 2005). 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 (royalty) of the value received from production from the leased lands. The lease creates a business relationship between the lessor and the lessee. The lessee is required to report various kinds of information to the lessor relative to the disposition of the leased minerals. Such information is similar to data reported to private and public mineral interest owners and is generally available within the records of the lessee or others involved in developing, transporting, processing, purchasing, or selling of such minerals. The information collected includes data necessary to ensure that the royalties are properly valued and appropriately paid. Section 101(a) of FOGRMA, as amended, requires that the Secretary “establish a comprehensive inspection, collection, and fiscal and production accounting and auditing system to provide the capability to accurately determine oil and gas royalties, interest, fines, penalties, fees, deposits, and other payments owed, and collect and account for such amounts in a timely manner.” In order to accomplish these tasks, MMS developed valuation regulations for Federal leases at 30 CFR part 206, Product Valuation. Market value is a basic principle underlying royalty valuation. Consequently, these regulations include methods to capture the true market value of crude oil and gas produced from Federal leases, both onshore and offshore. The MMS uses the information collected to ensure that royalty is accurately valued and appropriately paid on oil and gas produced from 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 October 31, 2006). Regulations developed ensure the information requested is the minimum necessary to carry out our mission and places the least possible burden on respondents. The requested information provides a critical link to establishing the proper value of oil and gas from Federal lands. If the information is not collected, a loss of royalties may result for both Federal and state governments. Transportation and Processing Regulatory Allowance Limits Transportation and processing allowances are part of the product valuation process that MMS uses to determine if the lessee is reporting and paying the proper royalty amount. 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. For oil and gas, regulations establish the allowable limit on processing allowance deductions at 66 2/3 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, MMS may approve an oil or gas transportation allowance in excess of 50 percent (Federal or Indian) or a gas processing allowance in excess of 66 2/3 percent (Federal only). 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 MMS with the data necessary to make a decision whether to approve or deny the request and track deductions on royalty reports. OMB Approval The MMS is 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. A response is mandatory for valuation requirements and voluntary to obtain the benefit of allowances. *Frequency of Response:* Annually. *Estimated Number and Description of Respondents:* 102 lessees (100 Federal lessees and 2 possible Indian lessees). *Estimated Annual Reporting and Recordkeeping “Hour” Burden:* 20,504 hours. We are revising this ICR to include non-standard reporting requirements that were overlooked in the previous renewal, and we have adjusted the burden hours accordingly. The hours also reflect our recent analysis related to the implementation of the 2004 Federal Oil Valuation rule and the 2005 Federal Gas Valuation rule. 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 breakdown of 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 202—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 ºF There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 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:

(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 ºF * * *

(b)Residue gas and gas plant product volumes shall be reported as specified in this paragraph * * * There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 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 PRODUCE RECORDS—The Office of Regulatory Affairs

(ORA)determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. § 206.103 How do I value oil that is not sold under an arm's-length contract? 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 33.25 5 166.25 206.103(a)

(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) 206.103(e) *Production delivered to your refinery and the NYMEX price or ANS spot price is an unreasonable value.*

(1)* * * you may apply to the MMS Director to establish a value representing the market at the refinery if: * * * 330 2 660 206.103(e)(2)

(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 * * * There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. § 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 * * * 4.25 2 8.5 1 § 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 * * * PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 206.110(d)(3) 216.110(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 * * *

(3)You may propose to MMS a cost allocation method * * * 330 2 660 206.110(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 * * *

(2)You must submit your initial proposal, including all available data, within 3 months after first claiming the allocated deductions on Form MMS-2014 There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 206.110(g)(2) 206.110(g) If your arm's-length sales include a provision reducing the contract price by a transportation factor, * * *

(2)You must obtain MMS approval before claiming a transportation factor in excess of 50 percent of the base price of the product. 330 1 330 § 206.111 How do I determine if 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 land 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 month months that you used the rejected method and pay any additional royalty and interest due There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/06. 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 1 330 206.112(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) 206.112(a)(3) If you transport 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 1,320 206.112(a)(4) (a)(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, 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. There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 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 PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMA staff asks non-standard questions to resolve exceptions. § 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 There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 206.115(c) 206.115(c) MMS may require you or your affiliates to submit all data used to calculate the allowance deduction * * * PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 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 contracts 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 PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 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 1 330 206.152(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 PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 206.152(e)(1) 206.152(e)(1) Where the value is determined pursuant to paragraph

(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 PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 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 PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 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 * * * There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 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 PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 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 11 330 § 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 * * * 4.25 5 2 21.25 § 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 * * * PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 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 There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 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 PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 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 * * * There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 206.157(b)(2)(iv) 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 1 100 206.157(b)(2)(vi)(A)

(A)After an election is made, the lessee may not change methods without MMS approval * * * 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 1 100 206.175(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 There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (From MMS-2014), expires 10/31/2006. 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 document * * * PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exception. 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 There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006 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 * * * PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions 206.157(e)(2) and

(3)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

(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 * * * There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. 206.157(f)(1)

(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 anyresulting 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 * * * 4.25 17 72.25 206.158 (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 * * * 9.5 2 19 206.158(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 * * * There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-1040 (Form MMS-2014), expires 10/31/2006. § 206.158 Processing allowances—general. 206.159(a)(1)(i) 2106.159(a) *Arm's-length processing contracts.* (1)(i) * * * The lessee shall have the burden of demonstrating that its contract is arm's-length * * * PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 206.159 (a)(1)(ii) 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 There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-1040 (Form MMS-2014), expires 10/31/2006. 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 PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 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. * * * There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-1040 (Form MMS-2014), expires 10/31/2006. 206.159(b)(2)(iv) 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 1 100 206.159 (b)(2)(iv)(A)

(A)* * * After an election is made, the lessee maynot 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 There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-1040 (Form MMS-2014), expires 10/31/2006. 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 * * * PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 206.159(c)(2)(i) 206.159(c)(2) *Non-arm's length or no contract.* There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-1040 (Form MMS-2014), expires 10/31/2006. 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 * * * PRODUCE RECORDS—The ORA determiend that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 206.159(e)(2) and

(3)206.159(e) *Adjustments* .

(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 * * * There are no burden hours to report in this ICR. All burden hours associated with Form MMS-2014 are included in OMB Control Number 1010-0140 (Form MMS-2014), expires 10/31/2006. Total 107 3 20,504 1 Includes an estimate of 1 response at 4.25 burden hours for 30 CFR 206.54(b)(2) for Indian oil transportation estimates. 2 Includes an estimate of 1 response at 4.25 burden hours for 30 CFR 206.177(c)(2) and (c)(3) for Indian gas transportation estimates. 3 Total 20,503.25 burden hours rounded up to 20,504 burden hours. *Estimated Annual Reporting and Recordkeeping “Non-hour Cost” Burden:* We have identified no “non-hour” cost burdens. *Public Disclosure Statement:* The PRA (44 U.S.C. 3501 *et seq.* ) provides that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. *Comments:* Section 3506(c)(2)(A) of the PRA requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *.” Agencies must specifically solicit comments to:

(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;

(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(c)enhance the quality, usefulness, and clarity of the information to be collected; and

(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. To comply with the public consultation process, we published a notice in the **Federal Register** on July 22, 2005 (70 FR 42366) announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. We received no comments in response to the notice. If you wish to comment in response to this notice, you may send your comments to the offices listed under the ADDRESSES section of this notice. 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 June 15, 2006. *Public Comment Policy:* We will post all comments in response to this notice on our Web site at *http://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm* . We will also make copies of the comments available for public review, including names and addresses of respondents, during regular business hours at our offices in Lakewood, Colorado. Upon request, we will withhold an individual respondent's home address from the public record, as allowable by law. There also may be circumstances in which we would withhold a respondent's identity, as allowable by law. If you request that we withhold your name and/or address, state your request prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. *MMS Information Collection Clearance Officer:* Arlene Bajusz

(202)208-7744. Dated: December 19, 2005. Lucy Querques Denett, Associate Director for Minerals Revenue Management. Editorial Note: This document was received at the Office of the Federal Register on May 11, 2006. [FR Doc. E6-7436 Filed 5-15-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service Agency Information Collection Activities: Submitted for Office of Management and Budget

(OMB)Review; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of an extension of a currently approved information collection (OMB Control Number 1010-0155). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request

(ICR)to renew approval of the paperwork requirements in the regulations under 30 CFR part 204—Alternatives for Marginal Properties, subpart C—Accounting and Auditing Relief. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. This ICR is titled “30 CFR part 204—Alternatives for Marginal Properties, Subpart C—Accounting and Auditing Relief.” This ICR covers the regulatory language under 30 CFR part 204, as published in the Accounting and Auditing Relief for Marginal Properties final rule on September 13, 2004 (69 FR 55076). This citation explains how lessees and their designees can obtain accounting and auditing relief for production from Federal oil and gas leases and units and communitization agreements that qualify as marginal properties. DATES: Submit written comments on or before June 15, 2006. ADDRESSES: Submit written comments by either FAX

(202)395-6566 or e-mail ( *OIRA_Docket@omb.eop.gov* ) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (OMB Control Number 1010-0155). Mail your comments to Sharron L. Gebhardt, Lead Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an overnight courier service or wish to hand-carry your comments, our courier address is Building 85, Room A-614, Denver Federal Center, Denver, Colorado 80225. You may also e-mail your comments to us at *mrm.comments@mms.gov* . Include the title of the information collection and the OMB control number in the “Attention” line of your comment. Also include your name and return address. Submit electronic comments as an ASCII file avoiding the use of special characters and any form of encryption. If you do not receive a confirmation that we have received your e-mail, contact Ms. Gebhardt at

(303)231-3211. FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone

(303)231-3211, FAX

(303)231-3781, e-mail *Sharron.Gebhardt@mms.gov* . You may also contact Sharron Gebhardt to obtain, at no cost, a copy of the regulations that require the subject collection of information. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR part 204—Alternatives for Marginal Properties, Subpart C—Accounting and Auditing Relief. *OMB Control Number:* 1010-0155. *Bureau Form Number:* None. *Abstract:* The Secretary of the U.S. Department of the Interior is responsible for collecting royalties from lessees who produce minerals from leased Federal lands. The Secretary is required by various laws to manage mineral resources production on Federal lands, collect the royalties due, and distribute the funds in accordance with those laws. The product valuation determination process is essential to assure that royalty payments are based on the proper value of the minerals being removed. The MMS performs the royalty management functions for the Secretary. Minerals produced from Federal leases vary greatly in the nature of occurrence, markets served, and production and processing methods. When a company or an individual enters into a lease to explore, develop, produce, and dispose of minerals from Federal or Indian lands, that company or individual agrees to pay the lessor a share (royalty) of the value received from production from the leased lands. The lease creates a business relationship between the lessor and the lessee. The lessee is required to report various kinds of information to the lessor relative to the disposition of the leased minerals. Such information is similar to data reported to private and public mineral interest owners and is generally available within the records of the lessee or others involved in developing, transporting, processing, purchasing, or selling of such minerals. The information collected includes data necessary to ensure that the royalties are accurately valued and appropriately paid. Applicable citations of the laws pertaining to the accounting and auditing relief include:

(1)30 CFR part 204;

(2)Sections 6 and 7 of Public Law 104-185—Aug. 13, 1996 (Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 [RSFA]), as corrected by Public Law 104-200-Sept. 22, 1996; and

(3)Section 111 of Public Law 97-451—Jan. 12, 1983 (Federal Oil and Gas Royalty Management Act of 1982 [FOGRMA]). Section 7 of RSFA provides for MMS and states concerned to determine, on a case-by-case basis, the amount of marginal production that may be subject to either prepayment of royalty or accounting and auditing relief. The MMS amended its regulations in 2004 to provide guidance to lessees and designees seeking accounting and auditing relief for Federal marginal properties. For purposes of section 7, RSFA does not define marginal property but does say that any granted alternative is to promote production, reduce administrative costs, and increase net receipts to the Federal Government and the states. Under section 7, RSFA also provides that the state concerned with a marginal property must approve any use of an alternative. There are two types of relief: cumulative royalty reports and payments relief, and other relief. Under 30 CFR 204.202, MMS requires notification from lessees or designees who request to take the cumulative royalty reporting and payment relief option. Under 30 CFR 204.203, MMS requires a relief request from lessees or designees who want to obtain any other type of accounting and auditing relief. This information collection is voluntary; only those lessees or designees who choose to obtain relief must supply this information. A state may decide in advance that it will or will not allow one or both of the relief options for each particular year. To help states decide whether to allow one or both of the relief options, MMS will send states a Report of Marginal Properties by October 1 preceding the calendar year. Each state must notify MMS of its intent to allow or not allow one or both of the relief options by November 1 preceding the same calendar year. The MMS will determine, depending on the type of accounting and auditing relief being sought by the lessee or designee, that a lessee or designee must file either a notification or a request for relief with MMS to obtain the applicable form of relief provided for under RSFA section 7. This will allow the lessee or designee to specify the type of relief requested under RSFA section 7 on a case-by-case basis. For the other relief option, MMS and the state concerned will use the information supplied by the lessee or designee in their relief request to

(1)identify the person making the request;

(2)identify the marginal property for which relief is being requested;

(3)determine the relief being sought by the lessee or designee;

(4)determine if the relief should be granted or denied; and

(5)monitor the lessee's continuing eligibility of the relief being taken. After consulting with the state concerned, MMS will either approve, deny, or modify requests in writing. Under RSFA section 7, both MMS and a state concerned with a marginal property must approve any accounting and auditing relief granted for a marginal property. Therefore, MMS and the state concerned must determine that the relief is in the best interests of the Federal Government and the state concerned. Notification is required of lessees or designees who wish to take the cumulative reporting and payment relief option. A relief request is required of lessees or designees who wish to obtain any other type of individual accounting and auditing relief. This information collection under this rule is voluntary; only those lessees or designees who choose to obtain or retain the benefit of accounting and auditing relief must supply this information. A response is required to obtain the benefit of accounting and auditing relief. Proprietary information submitted to MMS under this collection is protected, and no items of a sensitive nature are collected. *Frequency:* For Federal lessees/designees, one time, and then again only if changes occur; for states, annually. *Estimated Number and Description of Respondents:* 1,010 Federal lessees/designees and 15 states. *Estimated Annual Reporting and Recordkeeping “Hour” Burden:* 406 hours. With participation in the relief program offered in 30 CFR part 204, MMS estimates an annual reporting burden hour saving of 694 hours for each subsequent year. This annual reporting burden hour saving is reflected in ICR 1010-0140 (expires 10/31/2006). We estimate approximately 138 total responses—134 responses from 1,010 Federal lessees/designees; and 4 responses from 15 states. Each state requires an annual in-depth analysis informing MMS of their decision to participate or not participate in accounting and auditing relief. 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: Respondent's Estimated Annual Burden Hours Citation 30 CFR 204 Reporting and recordkeeping requirement Hour burden Average number of annual responses Annual burden hours PART 204—ALTERNATIVES FOR MARGINAL PROPERTIES Subpart C—Accounting and Auditing Relief 204.202(b)(1) *§ 204.202 What is the cumulative royalty reports and payments relief option?*

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

(1)Notify MMS in writing by January 31 of the calendar year for which you begin taking your relief. * * * 2 100 200 204.202(b)(2) *§ 204.202 What is the cumulative royalty reports and payments relief option?*

(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;

(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.* * * Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). 204.202(b)(4), (b)(5), (c), (d)(1), (d)(2), (e)(1), and (e)(2) *§ 204.202 What is the cumulative royalty reports and payments relief option?*

(b)To use the cumulative royalty reports and payments relief option, you must * * *

(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 * * * Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). 204.203(b) *§ 204.203 What is the other relief option?*

(b)You must request approval from MMS * * * before taking relief under this option 4 10 40 204.205(a) and

(b)*§ 204.205 How do I obtain accounting and auditing relief?*

(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.

(b)To obtain other relief under § 204.203, you must file a written request for relief with MMS Hour burden covered under § 204.203(b). 204.206(a)(3)(i) and (b)(1) *§ 204.206 What will MMS do when it receives my request for other relief?* When MMS receives your request for other relief under § 204.205(b), it will notify you in writing as follows:

(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 * * * Hour burden covered under § 204.203(b). 204.208 (c)(1) and (d)(1) *§ 204.208 May a State decide that it will or will not allow one or both of the relief options under this subpart?*

(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:

(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 * * * 40 4 160 204.209(b) *§ 204.209 What if a property ceases to qualify for relief obtained under this subpart?*

(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 .25 24 6 204.210(c) and

(d)*§ 204.210 What if a property is approved as part of a nonqualifying agreement?*

(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).

(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. Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). 204.214(b)(1) and (b)(2) *§ 204.214(b) Is minimum royalty due on a property for which I took relief?*

(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:

(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

(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. Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). Total 138 406 *Estimated Annual Reporting and Recordkeeping “Non-hour” Cost Burden:* We have identified no “non-hour” cost burdens. *Public Disclosure Statement:* The PRA (44 U.S.C. 3501 et seq.) provides that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. *Comments:* Section 3506(c)(2)(A) of the PRA requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *.” Agencies must specifically solicit comments to:

(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;

(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(c)enhance the quality, usefulness, and clarity of the information to be collected; and

(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. To comply with the public consultation process, we published a notice in the **Federal Register** on June 3, 2005 (70 FR 32647), announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. We received no comments in response to the notice. If you wish to comment in response to this notice, you may send your comments to the offices listed under the ADDRESSES section of this notice. 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 June 15, 2006. *Public Comment Policy:* We will post all comments in response to this notice on our Web site at *http://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm* . We will also make copies of the comments available for public review, including names and addresses of respondents, during regular business hours at our offices in Lakewood, Colorado. Upon request, we will withhold an individual respondent's home address from the public record, as allowable by law. There also may be circumstances in which we would withhold a respondent's identity, as allowable by law. If you request that we withhold your name and/or address, state your request prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. *MMS Information Collection Clearance Officer:* Arlene Bajusz

(202)208-7744. Dated: December 28, 2005. Cathy J. Hamilton, Acting Associate Director for Minerals Revenue Management. Editorial Note: This document was received at the Office of the Federal Register on May 11, 2006. [FR Doc. E6-7440 Filed 5-15-06; 8:45 am] BILLING CODE 4310-MR-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-569] In the Matter of Certain Endoscopic Probes for Use in Argon Plasma Coagulation Systems; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 10, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of ERBE Elektromedizin GmbH of Germany and ERBE USA, Inc. of Marietta, Georgia. A supplement to the complaint was filed on May 2, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain endoscopic probes for use in argon plasma coagulation systems by reason of infringement of claims 1, 3, 4, 11, 13, 35, 37, 38, 39, and 41 of U.S. Patent No. 5,720,745 and of infringement of U.S. Supplemental Trademark Registration No. 2,637,630. The complaint further alleges that an industry in the United States exists or is in the process of being established, as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* FOR FURTHER INFORMATION CONTACT: Karin J. Norton, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2606. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2005). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on May 10, 2006, *ordered that* —

(1)Pursuant to subsection

(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine:

(a)Whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain endoscopic probes for use in argon plasma coagulation systems by reason of infringement of claims 1, 3, 4, 11, 13, 35, 37, 38, 39, or 41 of U.S. Patent No. 5,720,745, and whether an industry in the United States exists or is in the process of being established, as required by subsection (a)(2) of section 337; and

(b)Whether there is a violation of subsection (a)(1)(C) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain endoscopic probes for use in argon plasma coagulation systems by reason of infringement of U.S. Supplemental Trademark Registration No. 2,637,630, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337.

(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a)The complainants are— ERBE Elektromedizin GmbH, Waldhörnlestrabe 17, 72072 Tübingen, Germany ERBE USA, Inc., 2225 Northwest Parkway, Marietta, Georgia 30067.

(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Canady Technology, LLC, 144 Research Drive, Hampton, VA 23666. Canady Technology Germany GmbH, Kanalstraβe 66-74, 12357 Berlin, Germany. KLS Martin GmbH & Co. KG, Am Gansacker 1 B, 79224 Umkirch, Germany.

(c)The Commission investigative attorney, party to this investigation, is Karin J. Norton, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436.

(3)For the investigation so instituted, the Honorable Sidney Harris is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with § 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondents, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 11, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-7444 Filed 5-15-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-570] In the Matter of Certain Flash Memory Chips, Flash Memory Systems, and Products Containing Same; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 11, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lexar Media, Inc. of Fremont, California. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain flash memory chips, flash memory systems, and products containing same by reason of infringement of claims 1 and 2 of U.S. Patent No. 6,801,979; claims 1-7 of U.S. Patent No. 6,397,314; and claims 1-13, 15, and 16 of U.S. Patent No. 6,978,342. The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Bryan F. Moore, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2767. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2005). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on May 10, 2006, *ordered that* —

(1)Pursuant to subsection

(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain flash memory chips, flash memory systems, or products containing same by reason of infringement of one or more of claims 1 and 2 of U.S. Patent No. 6,801,979, claims 1-7 of U.S. Patent No. 6,397,314, and claims 1-13, 15, and 16 of U.S. Patent No. 6,978,342, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337.

(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a)The complainant is— Lexar Media, Inc., 47300 Bayside Parkway, Fremont, CA 94538.

(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Toshiba Corporation, 1-1-1, Shibaura, Minato-Ku, Tokyo 105-0023 Japan. Toshiba America, Inc., 1251 Avenue of Americas, Suite 4100, New York, NY 10020. Toshiba America Electronic Components, Inc., 19900 Macarthur Blvd., Suite 400, Irvine, CA 92612.

(c)The Commission investigative attorney, party to this investigation, is Bryan F. Moore, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436.

(3)For the investigation so instituted, the Honorable Robert L. Barton, Jr. is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and enter both an initial and final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 11, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-7439 Filed 5-15-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Federal Bureau of Investigation Notice of Intent To Publish a Request for Proposal for the Selection of Channelers AGENCY: Federal Bureau of Investigation, Department of Justice. ACTION: Notice of intent to publish a Request for Proposal for the selection of Channelers requiring access to criminal history record information for noncriminal justice purposes pursuant to the National Crime Prevention and Privacy Compact Council's Outsourcing Rule and Standard. SUMMARY: The FBI intends to publish a Request For Proposal

(RFP)in an effort to select a limited number of third parties to serve as Channelers. Channelers will receive noncriminal justice applicant fingerprint submissions and collect associated fees, ensure fingerprint submissions are properly and adequately completed, electronically forward fingerprint submissions to the FBI's Criminal Justice Information Services

(CJIS)Division for national noncriminal justice criminal history record checks, and receive electronic record check results for dissemination to Authorized Recipients that are permitted access to criminal history record information

(CHRI)pursuant to Federal statute, Federal Executive order, or a State statute that has been approved by the United States Attorney General. FOR FURTHER INFORMATION CONTACT: Ms. Kathrina L. Sliger, FBI Contracting Officer, Information Technology Contracts Unit, FBI CJIS Division, 1000 Custer Hollow Road, Module E-3, Clarksburg, WV 26306; telephone

(304)625-4142; e-mail *ksliger@leo.gov;* fax number

(304)625-5391. SUPPLEMENTARY INFORMATION: The FBI's Criminal Justice Information Services

(CJIS)Division, Clarksburg, West Virginia, provides identification services based on fingerprints and maintains a national repository of fingerprint identification information. Since 1999, the FBI has performed identification services using the Integrated Automated Fingerprint Identification System (IAFIS). The IAFIS is designed to process fingerprint information electronically. The National Crime Prevention and Privacy Compact Act of 1998 (Compact) (title 42, United States Code, sections 14611-14616) provides a legal framework for the cooperative exchange of criminal history records for noncriminal justice purposes. The Compact established a fifteen-member National Crime Prevention and Privacy Compact Council (Council), whose members are appointed by the United States Attorney General, to promulgate rules, procedures, and standards governing the use of the Interstate Identification Index

(III)CHRI for noncriminal justice purposes. The Council published the “Outsourcing of Noncriminal Justice Administrative Functions” Interim Final Rule

(IFR)and two “Security and Management Control Outsourcing Standards” (Outsourcing Standards) in the **Federal Register**

(FR)on December 16, 2004. *See* 69 FR 75243 and 69 FR 75350, respectively. The Council adopted the IFR as a final rule and published a combined Outsourcing Standard in the **Federal Register** on December 15, 2005. *See* 70 FR 74200 and 70 FR 74373, respectively. The rule permits an Authorized Recipient of CHRI to outsource noncriminal justice administrative functions relating to the processing of CHRI to a third party, subject to appropriate controls. The rule states that contracts or agreements providing for authorized outsourcing “shall incorporate by reference a security and management control outsourcing standard approved by the Compact Council after consultation with the United States Attorney General.” The purpose of this notice is to provide interested parties advance notice that the FBI will soon publish an RFP for Channelers pursuant to the Council's Outsourcing Rule and Standard. The number of Channelers that will eventually be approved is unknown at this time; however, the FBI will strive to strike a balance between the number of Channelers it has the capability to administer (i.e. the number of CJIS Wide Area Network connections the FBI may reasonably establish during the first year of this initiative) and the number needed to effectively and efficiently serve the needs of Authorized Recipients. The RFP is expected to be advertised in the FedBizOpps, formerly the Commerce Business Daily, within 30 days of publishing this notice. Dated: April 6, 2006. David Cuthbertson, Section Chief, Programs Development Section, Federal Bureau of Investigation. [FR Doc. E6-7365 Filed 5-15-06; 8:45 am] BILLING CODE 4410-02-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request May 9, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting Darrin King on 202-693-4129 (this is not a toll-free number) or e-mail: *king.darrin@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll-free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension of currently approved collection. *Title:* ERISA Summary Annual Report Requirement. *OMB Number:* 1210-0040. *Frequency:* Annually. *Type of Response:* Third party disclosure. *Affected Public:* Business or other for-profit and Not-for-profit institutions. *Number of Respondents:* 749,000. *Number of Annual Responses:* 228,686,000. *Estimated Time per Respondent:* Approximately 45 minutes. *Total Burden Hours:* 461,000. *Total Annualized Capital/Startup Costs:* $0. Total Annual Costs (operating/maintaining systems or purchasing services): $134,161,000. *Description:* Section 104(b)(3) of the Employee Retirement Income Security Act of 1974 (ERISA) generally requires employee benefit plan administrators annually to furnish a Summary Annual Report

(SAR)to each plan participant and to certain beneficiaries. The SAR must fairly summarize the information included in the plan's most recent annual report filed with the Department of Labor. The Department of Labor's regulation under section ERISA section 104(b)(3), codified at 29 CFR 2520.104b-10, prescribes the timing and format of the SAR. Plan administrators must furnish a copy of the SAR to each participant and to each beneficiary who is receiving benefits under the plan (other than welfare plan beneficiaries) within 9 months after the close of the plan year. The SAR provides plan a timely and accurate description of their plan's financial condition. The participants and beneficiaries who receive the SAR can determine, based on the information it contains, whether they have concerns with the operation of the plan and whether to exercise their rights under ERISA, for example, by contacting the Department when problems with the plan are identified. Concerned calls from participants and beneficiaries are a critical component of the Department's compliance assistance and enforcement efforts. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-7406 Filed 5-15-06; 8:45 am] BILLING CODE 4510-29-P LEGAL SERVICES CORPORATION Sunshine Act Meeting of the Board of Directors Time and Date: The Board of Directors of the Legal Services Corporation will meet on May 22, 2006 via conference call. The meeting will begin at 2 p.m., and continue until conclusion of the Board's agenda. Location: 3333 K Street, NW., Washington, DC 20007, 3rd Floor Conference Room. Status of Meeting: OPEN. Directors will participate by telephone conference in such a manner as to enable interested members of the public to hear and identify all persons participating in the meeting. Members of the public wishing to observe the meeting may do so by joining participating staff at the location indicated above. Members of the public wishing to listen to the meeting by telephone may obtain call-in information by calling LSC's FOIA Information line at

(202)295-1629. Matters to be Considered: 1. Approval of the agenda. 2. Consider and act on Board of Directors' response to the Inspector General's Semiannual Report to Congress for the period of October 1, 2005 through March 31, 2006. 3. Consider and act on other business. 4. Public comment. FOR FURTHER INFORMATION CONTACT: Patricia Batie, Manager of Board Operations, at

(202)295-1500. *Special Needs:* Upon request, meeting notices will be made available in alternate formats to accommodate visual and hearing impairments. Individuals who have a disability and need an accommodation to attend the meeting may notify Patricia Batie at

(202)295-1500. Dated: May 11, 2006. Victor M. Fortuno, Vice President for Legal Affairs, General Counsel & Corporate Secretary. [FR Doc. 06-4588 Filed 5-11-06; 5:16 pm]

Connectionstraces to 9

Traces to 9 documents

U.S. Code

CFR

13 references not yet in our index

30 CFR 202
30 CFR 206
Pub. L. 97-451
Pub. L. 104-185
Pub. L. 104-200
30 CFR 206.54(b)(2)
30 CFR 206.177(c)(2)
30 CFR 204
30 CFR 204.202
30 CFR 204.203
30 CFR 218.54
Pub. L. 104-13
29 CFR 2520.104

Citation graph

cites case law

Proposed Rules

Notice of a revision of a currently approved information collection (OMB Control Number 1010-0136) SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR part 202—Royalties and part 206—Product Valuation

Cite30 CFR 202

Cite30 CFR 206

Pub. L.Pub. L. 97-451

Cites 22 · showing 12Cited by 0 across 0 sources