Minerals Management: Adjustment of Cost Recovery Fees, 59058-59063 [2011-24494]
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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations
§ 1.913 Persons eligible to file, and time
for filing, a request for inter partes
reexamination.
(a) Except as provided for in § 1.907
and in paragraph (b) of this section, any
person other than the patent owner or
its privies may, at any time during the
period of enforceability of a patent
which issued from an original
application filed in the United States on
or after November 29, 1999, file a
request for inter partes reexamination
by the Office of any claim of the patent
on the basis of prior art patents or
printed publications cited under
§ 1.501.
(b) Any request for an inter partes
reexamination submitted on or after
September 16, 2012, will not be
accorded a filing date, and any such
request will not be granted.
■ 3. Section 1.915 is amended by
revising paragraphs (b)(2) and (b)(3), to
read as follows:
§ 1.915 Content of request for inter partes
reexamination.
*
*
*
*
*
(b) * * *
(2) A citation of the patents and
printed publications which are
presented to provide a showing that
there is a reasonable likelihood that the
requester will prevail with respect to at
least one of the claims challenged in the
request.
(3) A statement pointing out, based on
the cited patents and printed
publications, each showing of a
reasonable likelihood that the requester
will prevail with respect to at least one
of the claims challenged in the request,
and a detailed explanation of the
pertinency and manner of applying the
patents and printed publications to
every claim for which reexamination is
requested.
*
*
*
*
*
■ 4. Section 1.923 is revised to read as
follows:
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§ 1.923 Examiner’s determination on the
request for inter partes reexamination.
Within three months following the
filing date of a request for inter partes
reexamination under § 1.915, the
examiner will consider the request and
determine whether or not the request
and the prior art establish a reasonable
likelihood that the requester will prevail
with respect to at least one of the claims
challenged in the request. The
examiner’s determination will be based
on the claims in effect at the time of the
determination, will become a part of the
official file of the patent, and will be
mailed to the patent owner at the
address as provided for in § 1.33(c) and
to the third party requester. If the
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examiner determines that the request
has not established a reasonable
likelihood that the requester will prevail
with respect to at least one of the
challenged claims, the examiner shall
refuse the request and shall not order
inter partes reexamination.
■ 5. Section 1.927 is revised to read as
follows:
§ 1.927 Petition to review refusal to order
inter partes reexamination.
The third party requester may seek
review by a petition to the Director
under § 1.181 within one month of the
mailing date of the examiner’s
determination refusing to order inter
partes reexamination. Any such petition
must comply with § 1.181(b). If no
petition is timely filed or if the decision
on petition affirms that a reasonable
likelihood that the requester will prevail
with respect to at least one of the claims
challenged in the request has not been
established, the determination shall be
final and nonappealable.
■ 6. Section 1.931 is amended by
revising paragraph (a) to read as follows:
§ 1.931 Order for inter partes
reexamination.
(a) If it is found that there is a
reasonable likelihood that the requester
will prevail with respect to at least one
of the claims challenged in the request,
the determination will include an order
for inter partes reexamination of the
patent for resolution of the question of
whether the requester will prevail.
*
*
*
*
*
Dated: September 16, 2011.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2011–24464 Filed 9–22–11; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[L13100000 PP0000 LLWO310000; L1990000
PO0000 LLWO320000]
RIN 1004–AE22
Minerals Management: Adjustment of
Cost Recovery Fees
AGENCY: Bureau of Land Management,
Interior.
ACTION: Final rule.
SUMMARY: This final rule amends the
Bureau of Land Management (BLM)
mineral resources regulations to update
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some fees that cover the BLM’s cost of
processing certain documents relating to
its minerals programs and some filing
fees for mineral-related documents.
These updated fees include those for
actions such as lease renewals and
mineral patent adjudications.
DATES: This final rule is effective
October 1, 2011.
ADDRESSES: You may send inquiries or
suggestions to Director (630), Bureau of
Land Management, 2134LM, 1849 C
Street, NW., Washington, DC 20240;
Attention: RIN 1004–AE22.
FOR FURTHER INFORMATION CONTACT:
Steven Wells, Chief, Division of Fluid
Minerals, (202) 912–7143, or Faith
Bremner, Regulatory Affairs Analyst,
(202) 912–7441. Persons who use a
telecommunications device for the deaf
(TDD) may leave a message for these
individuals with the Federal
Information Relay Service (FIRS) at
1–800–877–8339, 24 hours a day,
7 days a week.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM has specific authority to
charge fees for processing applications
and other documents relating to public
lands under Section 304 of the Federal
Land Policy and Management Act of
1976 (FLPMA), 43 U.S.C. 1734. In 2005,
the BLM published a final cost recovery
rule (70 FR 58854) establishing or
revising certain fees and service charges,
and establishing the method it would
use to adjust those fees and service
charges on an annual basis.
At 43 CFR 3000.12(a), the regulations
provide that the BLM will annually
adjust fees established in Subchapter C
according to changes in the Implicit
Price Deflator for Gross Domestic
Product (IPD–GDP), which is published
quarterly by the U.S. Department of
Commerce. See also 43 CFR 3000.10.
This final rule will allow the BLM to
update these fees and service charges by
October 1 of this year, as required by the
2005 regulation. The fee recalculations
are based on a mathematical formula.
The public had an opportunity to
comment on this procedure during the
comment period on the original cost
recovery rule, and this new rule simply
administers the procedure set forth in
those regulations. Therefore, the BLM
has changed the fees in this final rule
without providing opportunity for
additional notice and comment. The
Department of the Interior, therefore, for
good cause finds under 5 U.S.C.
553(b)(B) and (d)(3) that notice and
public comment procedures are
unnecessary and that the rule may be
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effective less than 30 days after
publication.
II. Discussion of Final Rule
The BLM publishes a fee update rule
each year, which becomes effective on
October 1 of that year. The fee updates
are based on the change in the IPD–GDP
from the 4th Quarter of one calendar
year to the 4th Quarter of the following
calendar year. This fee update rule is
based on the change in the IPD–GDP
from the 4th Quarter of 2009 to the 4th
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Nineteen of the fee increases will
amount to $5 each. The largest increase,
$35, will be applied to the fee for
adjudicating a mineral patent
application containing more than 10
claims, which will increase from $2,840
to $2,875. The fee for adjudicating a
patent application containing 10 or
fewer claims will increase by $20—from
$1,420 to $1,440.
The calculations that resulted in the
new fees are included in the table
below:
Quarter of 2010, thus reflecting the rate
of inflation over four calendar quarters.
The fee is calculated by applying the
IPD–GDP to the base value from the
previous year’s rule, also known as the
‘‘existing value’’. This calculation
results in an updated base value. The
updated base value is then rounded to
the closest multiple of $5, or to the
nearest cent for fees under $1, to
establish the new fee.
Under this rule, 27 fees will remain
the same and 21 fees will increase.
FIXED COST RECOVERY FEES FY12
Existing
fee 1
Document/action
Existing
value 2
IPD–GDP
increase 3
New value 4
$377.23
146.39
84.45
11.26
197.05
416.63
377.23
73.18
377.23
....................
....................
$5.09
1.98
1.14
0.15
2.66
5.62
5.09
0.99
5.09
....................
....................
$382.32
148.37
85.59
11.41
199.71
422.25
382.32
74.17
382.32
....................
....................
$380
150
85
10
200
420
380
75
380
5 25
6 25
377.23
146.39
84.45
197.05
416.63
73.18
105.40
0.10540
56.30
56.30
5.09
1.98
1.14
2.66
5.62
0.99
1.42
0.00142
0.76
0.76
382.32
148.37
85.59
199.71
422.25
74.17
106.82
0.10682
57.06
57.06
380
150
85
200
420
75
105
0.11
55
55
11.26
309.66
61.94
0.15
4.18
0.84
11.41
313.84
62.78
10
315
65
New fee 5
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
Noncompetitive lease application ............................................................
Competitive lease application ..................................................................
Assignment and transfer of record title or operating rights .....................
Overriding royalty transfer, payment out of production ...........................
Name change, corporate merger or transfer to heir/devisee ..................
Lease consolidation .................................................................................
Lease renewal or exchange ....................................................................
Lease reinstatement, Class I ...................................................................
Leasing under right-of-way ......................................................................
Geophysical exploration permit application—Alaska ...............................
Renewal of exploration permit—Alaska ...................................................
$375
145
85
10
195
415
375
75
375
25
25
Geothermal (part 3200)
Noncompetitive lease application ............................................................
Competitive lease application ..................................................................
Assignment and transfer of record title or operating rights .....................
Name change, corporate merger or transfer to heir/devisee ..................
Lease consolidation .................................................................................
Lease reinstatement ................................................................................
Nomination of lands .................................................................................
plus per acre nomination fee ............................................................
Site license application ............................................................................
Assignment or transfer of site license .....................................................
375
145
85
195
415
75
105
0.11
55
55
Coal (parts 3400, 3470)
License to mine application .....................................................................
Exploration license application ................................................................
Lease or lease interest transfer ...............................................................
10
310
60
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
Applications other than those listed below ..............................................
Prospecting permit application amendment ............................................
Extension of prospecting permit ..............................................................
Lease modification or fringe acreage lease ............................................
Lease renewal .........................................................................................
Assignment, sublease, or transfer of operating rights .............................
Transfer of overriding royalty ...................................................................
Use permit ................................................................................................
Shasta and Trinity hardrock mineral lease ..............................................
Renewal of existing sand and gravel lease in Nevada ...........................
35
60
100
30
485
30
30
30
30
30
33.78
61.94
101.34
28.16
484.20
28.16
28.16
28.16
28.16
28.16
0.46
0.84
1.37
0.38
6.54
0.38
0.38
0.38
0.38
0.38
34.24
62.78
102.71
28.54
490.74
28.54
28.54
28.54
28.54
28.54
35
65
105
30
490
30
30
30
30
30
11.26
0.15
11.41
10
0.15
0.23
0.15
0.15
0.15
11.41
17.11
11.41
11.41
11.41
10
15
10
10
10
Multiple Use; Mining (part 3700)
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Notice of protest of placer mining operations ..........................................
10
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
Application to open lands to location .......................................................
Notice of location .....................................................................................
Amendment of location ............................................................................
Transfer of mining claim/site ....................................................................
Recording an annual FLPMA filing ..........................................................
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10
15
10
10
10
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11.26
16.88
11.26
11.26
11.26
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FIXED COST RECOVERY FEES FY12—Continued
Existing
fee 1
Document/action
Deferment of assessment work ...............................................................
Recording a notice of intent to locate mining claims on Stockraising
Homestead Act lands ...........................................................................
Mineral patent adjudication.
(more than 10 claims) .......................................................................
(10 or fewer claims) ..........................................................................
Adverse claim ...................................................................................
Protest ..............................................................................................
IPD–GDP
increase 3
Existing
value 2
New value 4
New fee 5
100
101.34
1.37
102.71
105
30
28.16
0.38
28.54
30
2,840
1,420
100
60
2,837.64
1,418.81
101.34
61.94
38.31
19.15
1.37
0.84
2,875.95
1,437.96
102.71
62.78
2,875
1,440
105
65
Oil Shale Management (parts 3900, 3910, 3930)
Exploration license application ................................................................
Application for assignment or sublease of record title or overriding royalty ........................................................................................................
295
297.01
4.01
301.02
300
60
60.41
0.82
61.23
60
1 The
Existing Fee was established by the 2010 (Fiscal Year 2011) cost recovery fee update rule published September 14, 2010 (75 FR
55678), effective October 1, 2010.
2 The Existing Value is the figure from the New Value column in the previous year’s rule.
3 From 4th Quarter 2009 to 4th Quarter 2010, the IPD–GDP increased by 1.35 percent. The value in the IPD–GDP Increase column is 1.35
percent of the Existing Value.
4 The sum of the Existing Value and the IPD–GDP Increase is the New Value.
5 The New Fee for Fiscal Year 2012 is the New Value rounded to the nearest $5 for values equal to or greater than $1, or to the nearest
penny for values under $1.
5 Section 365 of the Energy Policy Act of 2005 (Pub. L. 109–58) directed in subsection (i) that ‘‘the Secretary shall not implement a rulemaking
that would enable an increase in fees to recover additional costs related to processing drilling-related permit applications and use authorizations.’’
In the 2005 cost recovery rule, the BLM interpreted this prohibition to apply to geophysical exploration permits. 70 FR 58854–58855. While the
$25 fees for geophysical exploration permit applications for Alaska and renewals of exploration permits for Alaska pre-dated the 2005 cost recovery rule and were not affected by the Energy Policy Act prohibition, the BLM interprets the Energy Policy Act provision as prohibiting it from increasing this $25 fee.
6 The BLM interprets the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting it from increasing this $25 fee, as well.
III. How Fees Are Adjusted
Each year, the figures in the Existing
Value column in the table above (not
those in the Existing Fee column) are
used as the basis for calculating the
adjustment to these fees. The Existing
Value is the figure from the New Value
column in the previous year’s rule. In
the case of fees that were not in the table
the previous year, or that had no figure
in the New Value column the previous
year, the Existing Value is the same as
the Existing Fee. Because the new fees
are derived from the new values—
rounded to the nearest $5 or the nearest
penny for fees under $1—adjustments
based on the figures in the Existing Fee
column would lead to significantly
over-or-under-valued fees over time.
Accordingly, fee adjustments are made
by multiplying the annual change in the
IPD–GDP by the figure in the Existing
Value column. This calculation defines
the New Value for this year, which is
then rounded to the nearest $5 or the
nearest penny for fees under $1, to
establish the New Fee.
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IV. Procedural Matters
Regulatory Planning and Review
(Executive Order 12866)
This document is not a significant
rule and the Office of Management and
Budget has not reviewed this rule under
Executive Order 12866.
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The BLM has determined that the rule
will not have an annual effect on the
economy of $100 million or more. It will
not adversely affect in a material way
the economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or Tribal governments or
communities. The changes in today’s
rule are much smaller than those in the
2005 final rule, which did not approach
the threshold in Executive Order 12866.
For instructions on how to view a copy
of the analysis prepared in conjunction
with the 2005 final rule, please contact
one of the persons listed in the FOR
FURTHER INFORMATION CONTACT section
above.
This rule will not create
inconsistencies or otherwise interfere
with an action taken or planned by
another agency. This rule does not
change the relationships of the onshore
minerals programs with other agencies’
actions. These relationships are
included in agreements and memoranda
of understanding that would not change
with this rule.
In addition, this final rule does not
materially affect the budgetary impact of
entitlements, grants, or loan programs,
or the rights and obligations of their
recipients. This rule does apply an
inflation factor that increases some
existing user fees for processing
documents associated with the onshore
minerals programs. However, most of
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these fee increases are less than 3
percent and none of the increases
materially affect the budgetary impact of
user fees.
Finally, this rule will not raise novel
legal issues. As explained above, this
rule simply implements an annual
process to account for inflation that was
adopted by and explained in the 2005
cost recovery rule.
The Regulatory Flexibility Act
This final rule will not have a
significant economic effect on a
substantial number of small entities as
defined under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). A Regulatory
Flexibility Analysis is not required.
Accordingly, a Small Entity Compliance
Guide is not required. For the purposes
of this section, a small entity is defined
by the Small Business Administration
(SBA) for mining (broadly inclusive of
metal mining, coal mining, oil and gas
extraction, and the mining and
quarrying of nonmetallic minerals) as an
individual, limited partnership, or small
company considered to be at arm’s
length from the control of any parent
companies, with fewer than 500
employees. The SBA defines a small
entity differently, however, for leasing
Federal land for coal mining. A coal
lessee is a small entity if it employs not
more than 250 people, including people
working for its affiliates.
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The SBA would consider many, if not
most, of the operators the BLM works
with in the onshore minerals programs
to be small entities. The BLM notes that
this final rule does not affect service
industries, for which the SBA has a
different definition of ‘‘small entity.’’
The final rule may affect a large
number of small entities since 21 fees
for activities on public lands will be
increased. However, the BLM has
concluded that the effects will not be
significant. Most of the fixed fee
increases will be less than 3 percent as
a result of this final rule. The
adjustments result in no increase in the
fee for the processing of 27 documents
relating to the BLM’s minerals
programs. The highest adjustment, in
dollar terms, is for adjudications of
mineral patent applications involving
more than 10 mining claims, which will
be increased by $35. For the 2005 final
rule, the BLM completed a threshold
analysis, which is available for public
review in the administrative record for
that rule. For instructions on how to
view a copy of that analysis, please
contact one of the persons listed in the
FOR FURTHER INFORMATION CONTACT
levels of government. In accordance
with Executive Order 13132, therefore,
we find that the final rule does not have
significant federalism effects. A
federalism assessment is not required.
The Paperwork Reduction Act of 1995
These regulations contain information
collection requirements. As required by
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the BLM
submitted a copy of the proposed
information collection requirements to
the Office of Management and Budget
(OMB) for review. The OMB approved
the information collection requirements
under the following Control Numbers:
Oil and Gas
(1) 1004–0034 which expires July 31,
2012;
(2) 1004–0137 which expires
September 30, 2011, renewal pending;
(3) 1004–0162 which expires May 31,
2012;
(4) 1004–0185 which expires
November 30, 2012;
Geothermal
(5) 1004–0132 which expires
December 31, 2013;
The Small Business Regulatory
Enforcement Fairness Act
This final rule is not a ‘‘major rule’’
as defined at 5 U.S.C. 804(2). The final
rule will not have an annual effect on
the economy greater than $100 million;
it will not result in major cost or price
increases for consumers, industries,
government agencies, or regions; and it
will not have significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
For the 2005 final rule, which
established the fee adjustment
procedure that this rule implements, the
BLM completed a threshold analysis,
which is available for public review in
the administrative record for that rule.
The fee increases implemented in
today’s rule are substantially smaller
than those provided for in the 2005 rule.
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section above. The analysis for the 2005
rule concluded that the fees would not
have a significant economic effect on a
substantial number of small entities.
The fee increases implemented in
today’s rule are substantially smaller
than those provided for in the 2005 rule.
(7) 1004–0025 which expires March
31, 2013;
(8) 1004–0114 which expires August
31, 2013; and
Executive Order 13132, Federalism
This final rule will not have a
substantial direct effect on the states, on
the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
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Coal
(6) 1004–0073 which expires June 30,
2013;
Mining Claims
Leasing of Solid Minerals Other Than
Oil Shale
(9) 1004–0121 which expires February
28, 2013.
Takings Implication Assessment
(Executive Order 12630)
As required by Executive Order
12630, the BLM has determined that
this rule will not cause a taking of
private property. No private property
rights will be affected by a rule that
merely updates fees. The BLM therefore
certifies that this final rule does not
represent a governmental action capable
of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order
12988)
In accordance with Executive Order
12988, the BLM finds that this final rule
will not unduly burden the judicial
system and meets the requirements of
sections 3(a) and 3(b)(2) of the Executive
Order.
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59061
The National Environmental Policy Act
(NEPA)
The BLM has determined that this
final rule is administrative and involves
only procedural changes addressing fee
requirements. In promulgating this rule,
the government is conducting routine
and continuing government business of
an administrative nature having limited
context and intensity. Therefore, it is
categorically excluded from
environmental review under section
102(2)(C) of NEPA, pursuant to 43 CFR
46.205 and 46.210(c) and (i). The final
rule does not meet any of the 12 criteria
for exceptions to categorical exclusions
listed at 43 CFR 46.215.
Pursuant to Council on
Environmental Quality (CEQ) regulation
and the environmental policies and
procedures of the Department of the
Interior, the term ‘‘categorical
exclusions’’ means categories of actions
‘‘which do not individually or
cumulatively have a significant effect on
the human environment and which
have been found to have no such effect
in procedures adopted by a Federal
agency in implementation of [CEQ]
regulations (§ 1507.3) and for which,
therefore, neither an environmental
assessment nor an environmental
impact statement is required.’’ 40 CFR
1508.4; see also BLM National
Environmental Policy Act Handbook H–
1790–1, Ch. 4, at 17 (Jan. 2008).
The Unfunded Mandates Reform Act of
1995
The BLM has determined that this
final rule is not significant under the
Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1501 et seq., because it
will not result in state, local, private
sector, or Tribal government
expenditures of $100 million or more in
any one year, 2 U.S.C. 1532. This rule
will not significantly or uniquely affect
small governments. Therefore, the BLM
is not required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act.
Consultation and Coordination With
Indian Tribal Governments (Executive
Order 13175)
In accordance with Executive Order
13175, the BLM has determined that
this final rule does not include policies
that have Tribal implications. A key
factor is whether the rule would have
substantial direct effects on one or more
Indian Tribes. The BLM has not found
any substantial direct effects.
Consequently, the BLM did not utilize
the consultation process set forth in
Section 5 of the Executive Order.
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Information Quality Act
Subpart 3000—General
In developing this rule, the BLM did
not conduct or use a study, experiment,
or survey requiring peer review under
the Information Quality Act (Pub. L.
106–554).
Regulatory Affairs, Bureau of Land
Management.
List of Subjects in 43 CFR Part 3000
Public lands—mineral resources,
Reporting and recordkeeping
requirements.
■
Marcilynn A. Burke,
Acting Assistant Secretary, Land and
Minerals Management.
(a) The table in this section shows the
fixed fees that you must pay to the BLM
for the services listed for Fiscal Year
2012. These fees are nonrefundable and
must be included with documents you
file under this chapter. Fees will be
adjusted annually according to the
change in the Implicit Price Deflator for
Gross Domestic Product (IPD–GDP) by
way of publication of a final rule in the
Federal Register and will subsequently
be posted on the BLM Web site (http:
//www.blm.gov) before October 1 each
year. Revised fees are effective each year
on October 1.
Effects on the Nation’s Energy Supply
(Executive Order 13211)
In accordance with Executive Order
13211, the BLM has determined that
this final rule is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. The
distribution of or use of energy would
not be unduly affected by this final rule.
It merely adjusts certain administrative
cost recovery fees to account for
inflation.
Author
The principal author of this rule is
Faith Bremner of the Division of
For reasons stated in the preamble,
the Bureau of Land Management
amends 43 CFR chapter II as follows:
PART 3000—MINERALS
MANAGEMENT: GENERAL
1. The authority citation for part 3000
continues to read as follows:
■
Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C.
181 et seq., 301–306, 351–359, and 601 et
seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.;
42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and
Pub. L. 97–35, 95 Stat. 357.
2. Amend § 3000.12 by revising
paragraph (a) to read as follows:
§ 3000.12 What is the fee schedule for
fixed fees?
FY 2012 PROCESSING AND FILING FEE TABLE
Document/action
FY 2012 Fee
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
Noncompetitive lease application ..................................................................................................................................
Competitive lease application ........................................................................................................................................
Assignment and transfer of record title or operating rights ...........................................................................................
Overriding royalty transfer, payment out of production .................................................................................................
Name change, corporate merger or transfer to heir/devisee ........................................................................................
Lease consolidation .......................................................................................................................................................
Lease renewal or exchange ..........................................................................................................................................
Lease reinstatement, Class I .........................................................................................................................................
Leasing under right-of-way ............................................................................................................................................
Geophysical exploration permit application—Alaska ....................................................................................................
Renewal of exploration permit—Alaska ........................................................................................................................
$380
150
85
10
200
420
380
75
380
25
25
Geothermal (part 3200)
Noncompetitive lease application ..................................................................................................................................
Competitive lease application ........................................................................................................................................
Assignment and transfer of record title or operating rights ...........................................................................................
Name change, corporate merger or transfer to heir/devisee ........................................................................................
Lease consolidation .......................................................................................................................................................
Lease reinstatement ......................................................................................................................................................
Nomination of lands .......................................................................................................................................................
plus per acre nomination fee .........................................................................................................................................
Site license application ..................................................................................................................................................
Assignment or transfer of site license ...........................................................................................................................
380
150
85
200
420
75
105
0.11
55
55
Coal (parts 3400, 3470)
License to mine application ...........................................................................................................................................
Exploration license application ......................................................................................................................................
Lease or lease interest transfer .....................................................................................................................................
10
315
65
erowe on DSK2VPTVN1PROD with RULES
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
Applications other than those listed below ....................................................................................................................
Prospecting permit application amendment ..................................................................................................................
Extension of prospecting permit ....................................................................................................................................
Lease modification or fringe acreage lease ..................................................................................................................
Lease renewal ...............................................................................................................................................................
Assignment, sublease, or transfer of operating rights ..................................................................................................
Transfer of overriding royalty .........................................................................................................................................
Use permit .....................................................................................................................................................................
Shasta and Trinity hardrock mineral lease ....................................................................................................................
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105
30
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30
30
30
30
Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations
59063
FY 2012 PROCESSING AND FILING FEE TABLE—Continued
Document/action
FY 2012 Fee
Renewal of existing sand and gravel lease in Nevada .................................................................................................
30
Multiple Use; Mining (part 3730)
Notice of protest of placer mining operations ...............................................................................................................
10
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
Application to open lands to location ............................................................................................................................
Notice of location* ..........................................................................................................................................................
Amendment of location ..................................................................................................................................................
Transfer of mining claim/site .........................................................................................................................................
Recording an annual FLPMA filing ................................................................................................................................
Deferment of assessment work .....................................................................................................................................
Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ......................................
Mineral patent adjudication ............................................................................................................................................
Adverse claim ................................................................................................................................................................
Protest ............................................................................................................................................................................
10
15
10
10
10
105
30
2,875 (more than 10 claims)
1,440 (10 or fewer claims)
105
65
Oil Shale Management (parts 3900, 3910, 3930)
Exploration license application ......................................................................................................................................
Application for assignment or sublease of record title or overriding royalty .................................................................
300
60
* To record a mining claim or site location, you must pay this processing fee along with the initial maintenance fee and the one-time location
fee required by statute. 43 CFR part 3833.
*
*
*
*
*
BILLING CODE 4310–84–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 040205043–4043–01]
RIN 0648–XA677
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Closure
erowe on DSK2VPTVN1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS closes the commercial
sector for vermilion snapper in the
exclusive economic zone (EEZ) of the
South Atlantic. This closure is
necessary to protect the vermilion
snapper resource.
DATES: This rule is effective 12:01 a.m.,
local time, September 30, 2011, until
12:01 a.m., local time, January 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Catherine Bruger, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
Catherine.Bruger@noaa.gov.
VerDate Mar<15>2010
14:40 Sep 22, 2011
The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act by
regulations at 50 CFR part 622.
The commercial quota for vermilion
snapper in the South Atlantic is 302,523
lb (137,222 kg) for the current fishing
period, July 1 through December 31,
2011, as specified in 50 CFR
622.42(e)(4)(ii). On June 15, 2011,
NMFS published a final rule
implementing a commercial trip limit
for vermilion snapper of 1,500 lb (680
kg) per day, which was effective on July
15, 2011 (76 FR 34892). This trip limit,
specified in 50 CFR 622.44(c)(6),
remains in effect until the commercial
quota for vermillion snapper is reached.
Under 50 CFR 622.43(a), NMFS is
required to close the commercial sector
for vermilion snapper when its quota
has been reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS has determined that the
commercial quota for South Atlantic
vermilion snapper will have been
reached by September 30, 2011.
Accordingly, the commercial sector for
South Atlantic vermilion snapper is
closed effective 12:01 a.m., local time,
SUPPLEMENTARY INFORMATION:
[FR Doc. 2011–24494 Filed 9–22–11; 8:45 am]
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September 30, 2011, until 12:01 a.m.,
local time, January 1, 2012.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having
vermilion snapper onboard must have
landed and bartered, traded, or sold
such vermilion snapper prior to 12:01
a.m., local time, September 30, 2011.
During the closure, the bag limit and
possession limits specified in 50 CFR
622.39(d)(1)(v) and (d)(2), respectively,
apply to all harvest or possession of
vermilion snapper in or from the South
Atlantic EEZ, and the sale or purchase
of vermilion snapper taken from the
EEZ is prohibited. The prohibition on
sale or purchase does not apply to the
sale or purchase of vermilion snapper
that were harvested, landed ashore, and
sold prior to 12:01 a.m., local time,
September 30, 2011, and were held in
cold storage by a dealer or processor.
For a person on board a vessel for which
a Federal commercial permit for the
South Atlantic snapper-grouper fishery
has been issued, the sale and purchase
provisions of the commercial closure for
vermilion snapper would apply
regardless of whether the fish are
harvested in state or Federal waters, as
specified in 50 CFR 622.43(a)(5)(ii).
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds that the need to immediately
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[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59058-59063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24494]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[L13100000 PP0000 LLWO310000; L1990000 PO0000 LLWO320000]
RIN 1004-AE22
Minerals Management: Adjustment of Cost Recovery Fees
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Bureau of Land Management (BLM)
mineral resources regulations to update some fees that cover the BLM's
cost of processing certain documents relating to its minerals programs
and some filing fees for mineral-related documents. These updated fees
include those for actions such as lease renewals and mineral patent
adjudications.
DATES: This final rule is effective October 1, 2011.
ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of Land Management, 2134LM, 1849 C Street, NW., Washington, DC
20240; Attention: RIN 1004-AE22.
FOR FURTHER INFORMATION CONTACT: Steven Wells, Chief, Division of Fluid
Minerals, (202) 912-7143, or Faith Bremner, Regulatory Affairs Analyst,
(202) 912-7441. Persons who use a telecommunications device for the
deaf (TDD) may leave a message for these individuals with the Federal
Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7
days a week.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM has specific authority to charge fees for processing
applications and other documents relating to public lands under Section
304 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43
U.S.C. 1734. In 2005, the BLM published a final cost recovery rule (70
FR 58854) establishing or revising certain fees and service charges,
and establishing the method it would use to adjust those fees and
service charges on an annual basis.
At 43 CFR 3000.12(a), the regulations provide that the BLM will
annually adjust fees established in Subchapter C according to changes
in the Implicit Price Deflator for Gross Domestic Product (IPD-GDP),
which is published quarterly by the U.S. Department of Commerce. See
also 43 CFR 3000.10. This final rule will allow the BLM to update these
fees and service charges by October 1 of this year, as required by the
2005 regulation. The fee recalculations are based on a mathematical
formula. The public had an opportunity to comment on this procedure
during the comment period on the original cost recovery rule, and this
new rule simply administers the procedure set forth in those
regulations. Therefore, the BLM has changed the fees in this final rule
without providing opportunity for additional notice and comment. The
Department of the Interior, therefore, for good cause finds under 5
U.S.C. 553(b)(B) and (d)(3) that notice and public comment procedures
are unnecessary and that the rule may be
[[Page 59059]]
effective less than 30 days after publication.
II. Discussion of Final Rule
The BLM publishes a fee update rule each year, which becomes
effective on October 1 of that year. The fee updates are based on the
change in the IPD-GDP from the 4th Quarter of one calendar year to the
4th Quarter of the following calendar year. This fee update rule is
based on the change in the IPD-GDP from the 4th Quarter of 2009 to the
4th Quarter of 2010, thus reflecting the rate of inflation over four
calendar quarters.
The fee is calculated by applying the IPD-GDP to the base value
from the previous year's rule, also known as the ``existing value''.
This calculation results in an updated base value. The updated base
value is then rounded to the closest multiple of $5, or to the nearest
cent for fees under $1, to establish the new fee.
Under this rule, 27 fees will remain the same and 21 fees will
increase. Nineteen of the fee increases will amount to $5 each. The
largest increase, $35, will be applied to the fee for adjudicating a
mineral patent application containing more than 10 claims, which will
increase from $2,840 to $2,875. The fee for adjudicating a patent
application containing 10 or fewer claims will increase by $20--from
$1,420 to $1,440.
The calculations that resulted in the new fees are included in the
table below:
Fixed Cost Recovery Fees FY12
----------------------------------------------------------------------------------------------------------------
IPD-GDP
Document/action Existing Existing increase New value New fee \5\
fee \1\ value \2\ \3\ \4\
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
----------------------------------------------------------------------------------------------------------------
Noncompetitive lease application............... $375 $377.23 $5.09 $382.32 $380
Competitive lease application.................. 145 146.39 1.98 148.37 150
Assignment and transfer of record title or 85 84.45 1.14 85.59 85
operating rights..............................
Overriding royalty transfer, payment out of 10 11.26 0.15 11.41 10
production....................................
Name change, corporate merger or transfer to 195 197.05 2.66 199.71 200
heir/devisee..................................
Lease consolidation............................ 415 416.63 5.62 422.25 420
Lease renewal or exchange...................... 375 377.23 5.09 382.32 380
Lease reinstatement, Class I................... 75 73.18 0.99 74.17 75
Leasing under right-of-way..................... 375 377.23 5.09 382.32 380
Geophysical exploration permit application-- 25 ........... ........... ........... \5\ 25
Alaska........................................
Renewal of exploration permit--Alaska.......... 25 ........... ........... ........... \6\ 25
----------------------------------------------------------------------------------------------------------------
Geothermal (part 3200)
----------------------------------------------------------------------------------------------------------------
Noncompetitive lease application............... 375 377.23 5.09 382.32 380
Competitive lease application.................. 145 146.39 1.98 148.37 150
Assignment and transfer of record title or 85 84.45 1.14 85.59 85
operating rights..............................
Name change, corporate merger or transfer to 195 197.05 2.66 199.71 200
heir/devisee..................................
Lease consolidation............................ 415 416.63 5.62 422.25 420
Lease reinstatement............................ 75 73.18 0.99 74.17 75
Nomination of lands............................ 105 105.40 1.42 106.82 105
plus per acre nomination fee............... 0.11 0.10540 0.00142 0.10682 0.11
Site license application....................... 55 56.30 0.76 57.06 55
Assignment or transfer of site license......... 55 56.30 0.76 57.06 55
----------------------------------------------------------------------------------------------------------------
Coal (parts 3400, 3470)
----------------------------------------------------------------------------------------------------------------
License to mine application.................... 10 11.26 0.15 11.41 10
Exploration license application................ 310 309.66 4.18 313.84 315
Lease or lease interest transfer............... 60 61.94 0.84 62.78 65
----------------------------------------------------------------------------------------------------------------
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
----------------------------------------------------------------------------------------------------------------
Applications other than those listed below..... 35 33.78 0.46 34.24 35
Prospecting permit application amendment....... 60 61.94 0.84 62.78 65
Extension of prospecting permit................ 100 101.34 1.37 102.71 105
Lease modification or fringe acreage lease..... 30 28.16 0.38 28.54 30
Lease renewal.................................. 485 484.20 6.54 490.74 490
Assignment, sublease, or transfer of operating 30 28.16 0.38 28.54 30
rights........................................
Transfer of overriding royalty................. 30 28.16 0.38 28.54 30
Use permit..................................... 30 28.16 0.38 28.54 30
Shasta and Trinity hardrock mineral lease...... 30 28.16 0.38 28.54 30
Renewal of existing sand and gravel lease in 30 28.16 0.38 28.54 30
Nevada........................................
----------------------------------------------------------------------------------------------------------------
Multiple Use; Mining (part 3700)
----------------------------------------------------------------------------------------------------------------
Notice of protest of placer mining operations.. 10 11.26 0.15 11.41 10
----------------------------------------------------------------------------------------------------------------
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
----------------------------------------------------------------------------------------------------------------
Application to open lands to location.......... 10 11.26 0.15 11.41 10
Notice of location............................. 15 16.88 0.23 17.11 15
Amendment of location.......................... 10 11.26 0.15 11.41 10
Transfer of mining claim/site.................. 10 11.26 0.15 11.41 10
Recording an annual FLPMA filing............... 10 11.26 0.15 11.41 10
[[Page 59060]]
Deferment of assessment work................... 100 101.34 1.37 102.71 105
Recording a notice of intent to locate mining 30 28.16 0.38 28.54 30
claims on Stockraising Homestead Act lands....
Mineral patent adjudication....................
(more than 10 claims)...................... 2,840 2,837.64 38.31 2,875.95 2,875
(10 or fewer claims)...................... 1,420 1,418.81 19.15 1,437.96 1,440
Adverse claim.............................. 100 101.34 1.37 102.71 105
Protest.................................... 60 61.94 0.84 62.78 65
----------------------------------------------------------------------------------------------------------------
Oil Shale Management (parts 3900, 3910, 3930)
----------------------------------------------------------------------------------------------------------------
Exploration license application................ 295 297.01 4.01 301.02 300
Application for assignment or sublease of 60 60.41 0.82 61.23 60
record title or overriding royalty............
----------------------------------------------------------------------------------------------------------------
\1\ The Existing Fee was established by the 2010 (Fiscal Year 2011) cost recovery fee update rule published
September 14, 2010 (75 FR 55678), effective October 1, 2010.
\2\ The Existing Value is the figure from the New Value column in the previous year's rule.
\3\ From 4th Quarter 2009 to 4th Quarter 2010, the IPD-GDP increased by 1.35 percent. The value in the IPD-GDP
Increase column is 1.35 percent of the Existing Value.
\4\ The sum of the Existing Value and the IPD-GDP Increase is the New Value.
\5\ The New Fee for Fiscal Year 2012 is the New Value rounded to the nearest $5 for values equal to or greater
than $1, or to the nearest penny for values under $1.
\5\ Section 365 of the Energy Policy Act of 2005 (Pub. L. 109-58) directed in subsection (i) that ``the
Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs
related to processing drilling-related permit applications and use authorizations.'' In the 2005 cost recovery
rule, the BLM interpreted this prohibition to apply to geophysical exploration permits. 70 FR 58854-58855.
While the $25 fees for geophysical exploration permit applications for Alaska and renewals of exploration
permits for Alaska pre-dated the 2005 cost recovery rule and were not affected by the Energy Policy Act
prohibition, the BLM interprets the Energy Policy Act provision as prohibiting it from increasing this $25
fee.
\6\ The BLM interprets the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting it from
increasing this $25 fee, as well.
III. How Fees Are Adjusted
Each year, the figures in the Existing Value column in the table
above (not those in the Existing Fee column) are used as the basis for
calculating the adjustment to these fees. The Existing Value is the
figure from the New Value column in the previous year's rule. In the
case of fees that were not in the table the previous year, or that had
no figure in the New Value column the previous year, the Existing Value
is the same as the Existing Fee. Because the new fees are derived from
the new values--rounded to the nearest $5 or the nearest penny for fees
under $1--adjustments based on the figures in the Existing Fee column
would lead to significantly over-or-under-valued fees over time.
Accordingly, fee adjustments are made by multiplying the annual change
in the IPD-GDP by the figure in the Existing Value column. This
calculation defines the New Value for this year, which is then rounded
to the nearest $5 or the nearest penny for fees under $1, to establish
the New Fee.
IV. Procedural Matters
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and the Office of
Management and Budget has not reviewed this rule under Executive Order
12866.
The BLM has determined that the rule will not have an annual effect
on the economy of $100 million or more. It will not adversely affect in
a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or state,
local, or Tribal governments or communities. The changes in today's
rule are much smaller than those in the 2005 final rule, which did not
approach the threshold in Executive Order 12866. For instructions on
how to view a copy of the analysis prepared in conjunction with the
2005 final rule, please contact one of the persons listed in the FOR
FURTHER INFORMATION CONTACT section above.
This rule will not create inconsistencies or otherwise interfere
with an action taken or planned by another agency. This rule does not
change the relationships of the onshore minerals programs with other
agencies' actions. These relationships are included in agreements and
memoranda of understanding that would not change with this rule.
In addition, this final rule does not materially affect the
budgetary impact of entitlements, grants, or loan programs, or the
rights and obligations of their recipients. This rule does apply an
inflation factor that increases some existing user fees for processing
documents associated with the onshore minerals programs. However, most
of these fee increases are less than 3 percent and none of the
increases materially affect the budgetary impact of user fees.
Finally, this rule will not raise novel legal issues. As explained
above, this rule simply implements an annual process to account for
inflation that was adopted by and explained in the 2005 cost recovery
rule.
The Regulatory Flexibility Act
This final rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). A Regulatory Flexibility
Analysis is not required. Accordingly, a Small Entity Compliance Guide
is not required. For the purposes of this section, a small entity is
defined by the Small Business Administration (SBA) for mining (broadly
inclusive of metal mining, coal mining, oil and gas extraction, and the
mining and quarrying of nonmetallic minerals) as an individual, limited
partnership, or small company considered to be at arm's length from the
control of any parent companies, with fewer than 500 employees. The SBA
defines a small entity differently, however, for leasing Federal land
for coal mining. A coal lessee is a small entity if it employs not more
than 250 people, including people working for its affiliates.
[[Page 59061]]
The SBA would consider many, if not most, of the operators the BLM
works with in the onshore minerals programs to be small entities. The
BLM notes that this final rule does not affect service industries, for
which the SBA has a different definition of ``small entity.''
The final rule may affect a large number of small entities since 21
fees for activities on public lands will be increased. However, the BLM
has concluded that the effects will not be significant. Most of the
fixed fee increases will be less than 3 percent as a result of this
final rule. The adjustments result in no increase in the fee for the
processing of 27 documents relating to the BLM's minerals programs. The
highest adjustment, in dollar terms, is for adjudications of mineral
patent applications involving more than 10 mining claims, which will be
increased by $35. For the 2005 final rule, the BLM completed a
threshold analysis, which is available for public review in the
administrative record for that rule. For instructions on how to view a
copy of that analysis, please contact one of the persons listed in the
FOR FURTHER INFORMATION CONTACT section above. The analysis for the
2005 rule concluded that the fees would not have a significant economic
effect on a substantial number of small entities. The fee increases
implemented in today's rule are substantially smaller than those
provided for in the 2005 rule.
The Small Business Regulatory Enforcement Fairness Act
This final rule is not a ``major rule'' as defined at 5 U.S.C.
804(2). The final rule will not have an annual effect on the economy
greater than $100 million; it will not result in major cost or price
increases for consumers, industries, government agencies, or regions;
and it will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. For
the 2005 final rule, which established the fee adjustment procedure
that this rule implements, the BLM completed a threshold analysis,
which is available for public review in the administrative record for
that rule. The fee increases implemented in today's rule are
substantially smaller than those provided for in the 2005 rule.
Executive Order 13132, Federalism
This final rule will not have a substantial direct effect on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. In accordance with Executive Order 13132,
therefore, we find that the final rule does not have significant
federalism effects. A federalism assessment is not required.
The Paperwork Reduction Act of 1995
These regulations contain information collection requirements. As
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.), the BLM submitted a copy of the proposed information collection
requirements to the Office of Management and Budget (OMB) for review.
The OMB approved the information collection requirements under the
following Control Numbers:
Oil and Gas
(1) 1004-0034 which expires July 31, 2012;
(2) 1004-0137 which expires September 30, 2011, renewal pending;
(3) 1004-0162 which expires May 31, 2012;
(4) 1004-0185 which expires November 30, 2012;
Geothermal
(5) 1004-0132 which expires December 31, 2013;
Coal
(6) 1004-0073 which expires June 30, 2013;
Mining Claims
(7) 1004-0025 which expires March 31, 2013;
(8) 1004-0114 which expires August 31, 2013; and
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121 which expires February 28, 2013.
Takings Implication Assessment (Executive Order 12630)
As required by Executive Order 12630, the BLM has determined that
this rule will not cause a taking of private property. No private
property rights will be affected by a rule that merely updates fees.
The BLM therefore certifies that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the BLM finds that this
final rule will not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of the Executive Order.
The National Environmental Policy Act (NEPA)
The BLM has determined that this final rule is administrative and
involves only procedural changes addressing fee requirements. In
promulgating this rule, the government is conducting routine and
continuing government business of an administrative nature having
limited context and intensity. Therefore, it is categorically excluded
from environmental review under section 102(2)(C) of NEPA, pursuant to
43 CFR 46.205 and 46.210(c) and (i). The final rule does not meet any
of the 12 criteria for exceptions to categorical exclusions listed at
43 CFR 46.215.
Pursuant to Council on Environmental Quality (CEQ) regulation and
the environmental policies and procedures of the Department of the
Interior, the term ``categorical exclusions'' means categories of
actions ``which do not individually or cumulatively have a significant
effect on the human environment and which have been found to have no
such effect in procedures adopted by a Federal agency in implementation
of [CEQ] regulations (Sec. 1507.3) and for which, therefore, neither
an environmental assessment nor an environmental impact statement is
required.'' 40 CFR 1508.4; see also BLM National Environmental Policy
Act Handbook H-1790-1, Ch. 4, at 17 (Jan. 2008).
The Unfunded Mandates Reform Act of 1995
The BLM has determined that this final rule is not significant
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.,
because it will not result in state, local, private sector, or Tribal
government expenditures of $100 million or more in any one year, 2
U.S.C. 1532. This rule will not significantly or uniquely affect small
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act.
Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)
In accordance with Executive Order 13175, the BLM has determined
that this final rule does not include policies that have Tribal
implications. A key factor is whether the rule would have substantial
direct effects on one or more Indian Tribes. The BLM has not found any
substantial direct effects. Consequently, the BLM did not utilize the
consultation process set forth in Section 5 of the Executive Order.
[[Page 59062]]
Information Quality Act
In developing this rule, the BLM did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
Effects on the Nation's Energy Supply (Executive Order 13211)
In accordance with Executive Order 13211, the BLM has determined
that this final rule is not likely to have a significant adverse effect
on the supply, distribution, or use of energy. The distribution of or
use of energy would not be unduly affected by this final rule. It
merely adjusts certain administrative cost recovery fees to account for
inflation.
Author
The principal author of this rule is Faith Bremner of the Division
of Regulatory Affairs, Bureau of Land Management.
List of Subjects in 43 CFR Part 3000
Public lands--mineral resources, Reporting and recordkeeping
requirements.
Marcilynn A. Burke,
Acting Assistant Secretary, Land and Minerals Management.
For reasons stated in the preamble, the Bureau of Land Management
amends 43 CFR chapter II as follows:
PART 3000--MINERALS MANAGEMENT: GENERAL
0
1. The authority citation for part 3000 continues to read as follows:
Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95
Stat. 357.
Subpart 3000--General
0
2. Amend Sec. 3000.12 by revising paragraph (a) to read as follows:
Sec. 3000.12 What is the fee schedule for fixed fees?
(a) The table in this section shows the fixed fees that you must
pay to the BLM for the services listed for Fiscal Year 2012. These fees
are nonrefundable and must be included with documents you file under
this chapter. Fees will be adjusted annually according to the change in
the Implicit Price Deflator for Gross Domestic Product (IPD-GDP) by way
of publication of a final rule in the Federal Register and will
subsequently be posted on the BLM Web site (https://www.blm.gov) before
October 1 each year. Revised fees are effective each year on October 1.
FY 2012 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2012 Fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
------------------------------------------------------------------------
Noncompetitive lease application............ $380
Competitive lease application............... 150
Assignment and transfer of record title or 85
operating rights...........................
Overriding royalty transfer, payment out of 10
production.................................
Name change, corporate merger or transfer to 200
heir/devisee...............................
Lease consolidation......................... 420
Lease renewal or exchange................... 380
Lease reinstatement, Class I................ 75
Leasing under right-of-way.................. 380
Geophysical exploration permit application-- 25
Alaska.....................................
Renewal of exploration permit--Alaska....... 25
------------------------------------------------------------------------
Geothermal (part 3200)
------------------------------------------------------------------------
Noncompetitive lease application............ 380
Competitive lease application............... 150
Assignment and transfer of record title or 85
operating rights...........................
Name change, corporate merger or transfer to 200
heir/devisee...............................
Lease consolidation......................... 420
Lease reinstatement......................... 75
Nomination of lands......................... 105
plus per acre nomination fee................ 0.11
Site license application.................... 55
Assignment or transfer of site license...... 55
------------------------------------------------------------------------
Coal (parts 3400, 3470)
------------------------------------------------------------------------
License to mine application................. 10
Exploration license application............. 315
Lease or lease interest transfer............ 65
------------------------------------------------------------------------
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500,
3580)
------------------------------------------------------------------------
Applications other than those listed below.. 35
Prospecting permit application amendment.... 65
Extension of prospecting permit............. 105
Lease modification or fringe acreage lease.. 30
Lease renewal............................... 490
Assignment, sublease, or transfer of 30
operating rights...........................
Transfer of overriding royalty.............. 30
Use permit.................................. 30
Shasta and Trinity hardrock mineral lease... 30
[[Page 59063]]
Renewal of existing sand and gravel lease in 30
Nevada.....................................
------------------------------------------------------------------------
Multiple Use; Mining (part 3730)
------------------------------------------------------------------------
Notice of protest of placer mining 10
operations.................................
------------------------------------------------------------------------
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
------------------------------------------------------------------------
Application to open lands to location....... 10
Notice of location*......................... 15
Amendment of location....................... 10
Transfer of mining claim/site............... 10
Recording an annual FLPMA filing............ 10
Deferment of assessment work................ 105
Recording a notice of intent to locate 30
mining claims on Stockraising Homestead Act
lands......................................
Mineral patent adjudication................. 2,875 (more than 10
claims)
1,440 (10 or fewer claims)
Adverse claim............................... 105
Protest..................................... 65
------------------------------------------------------------------------
Oil Shale Management (parts 3900, 3910, 3930)
------------------------------------------------------------------------
Exploration license application............. 300
Application for assignment or sublease of 60
record title or overriding royalty.........
------------------------------------------------------------------------
* To record a mining claim or site location, you must pay this
processing fee along with the initial maintenance fee and the one-time
location fee required by statute. 43 CFR part 3833.
* * * * *
[FR Doc. 2011-24494 Filed 9-22-11; 8:45 am]
BILLING CODE 4310-84-P
