Establishment of the Indian Oil Valuation Negotiated Rulemaking Committee, 76634 [2011-31559]

Download as PDF 76634 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Proposed Rules 1. On page 69192, column 1, footnote 10, the language ‘‘Section 401(k)(4)(B)(ii) provide that a cash or deferred arrangement shall not be treated as a qualified cash or deferred arrangement if it is part of a plan maintained by a State or local government of political subdivision thereof, or any or agency or instrumentality thereof.’’ is removed and is replaced with the new language ‘‘Section 401(k)(4)(B)(ii) provides that a cash or deferred arrangement shall not be treated as a qualified cash or deferred arrangement if it is part of a plan maintained by a State or local government of political subdivision thereof, or any agency or instrumentality thereof.’’. 2. On page 69193, column 1, under the paragraph heading ‘‘Judicial Determinations’’, second paragraph of the column, second line, the language ‘‘Bingo & Casino, held that the operating’’ is removed and is replaced with the new language ‘‘Bingo & Casino, held that operating’’. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, Procedure and Administration. [FR Doc. 2011–31463 Filed 12–7–11; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE INTERIOR Office of Natural Resources Revenue 30 CFR Chapter XII [Docket No. ONRR–2011–0007] Establishment of the Indian Oil Valuation Negotiated Rulemaking Committee Office of Natural Resources Revenue, Interior. ACTION: Notice. AGENCY: On January 31, 2011, the Department published a notice of intent to establish an Indian Oil Valuation Negotiated Rulemaking Committee. In that notice, we requested interested parties to nominate representatives for membership on the Committee and addressed many of the requirements of Section 564 of the Negotiated Rulemaking Act. On August 22, 2011, the Department published a second notice of intent to establish an Indian Oil Valuation Negotiated Rulemaking Committee to address the remaining requirements of Section 564 of the Negotiated Rulemaking Act and to inquire if all interests were represented mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:57 Dec 07, 2011 Jkt 226001 by the proposed members. This notice establishes the Committee. FOR FURTHER INFORMATION CONTACT: Mr. Karl Wunderlich, Office of Natural Resources Revenue (ONRR), Telephone: (303) 231–3663; Fax: (303) 231–3194, or Email: karl.wunderlich@onrr.gov. SUPPLEMENTARY INFORMATION: In response to our second notice, we received three responses recommending three additional members to the Committee. In response, we have added the following three recommended members to the Committee: Patrick Flynn, employee of Resolute Energy Corporation, representative of Industry; Grinnell Day Chief, representative of the Blackfeet Nation; Alan Taradash, representative of the Jicarilla Apache Nation. One additional comment was received in response to the second notice of intent offering broad objections to the composition of the Committee. In particular, the commenter felt the Committee did not represent all significant interests, did not represent global energy producer interests, included members from the oil industry with conflicts of interest, and should not have had inclusion from the Bureau of Indian Affairs (BIA). While ONRR appreciates and encourages interest in the Indian Oil Valuation Negotiated Rulemaking Committee, at this time we find it unnecessary to reconstitute or make significant changes to the committee. On January 31, 2011, ONRR solicited nominees for membership to the Committee. On August 22, 2011, ONRR solicited additional nominees. This provided the commenter two opportunities to nominate a member that would represent the significant interests he felt were omitted. ONRR believes it has adequately met the intent of the Federal Advisory Committee Act (FACA) in soliciting membership and finding members with an appropriate balance of viewpoints. ONRR also notes that the Committee is being formed to address valuation of oil production from domestic Indian oil leases. Global energy interests are most likely unconcerned with the subject of this Committee and no nominations were offered to represent these interests. Likewise, the proposed representatives from industry were nominated by their constituents and have an undeniable stake in the rulemaking process. Any perceived conflict of interest on the part of industry’s nominations was not adequately described by the commenter. While the commenter noted that the oil industry members have conflicts of interest, this is expected of PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 ‘‘representative’’ members of a FACA committee. These members serve as representatives of outside entities or groups and their exclusive function is to represent the points of view of a particular industry or group (e.g. labor, agriculture, energy, environmental, tribal, or some other recognizable group of persons). In representing the interests of a specifically identifiable interest group, the opinions, information, and advice these members offer will reflect the biases of the particular group that the member represents on the Committee. ONRR firmly believes that the interests significantly affected by the rulemaking are represented by the members. Finally, the Committee was formed within the terms of the FACA which provides for government oversight over FACA committees. In the case of this Committee, ONRR believes that BIA belongs on the Committee, because BIA issues leases and is the office of record maintaining surface and mineral ownership records on Indian Trust lands. The Committee will meet at least quarterly with the first meeting planned for February 2012. Certification Statement: I hereby certify that the Indian Oil Valuation Negotiated Rulemaking Committee is necessary, is in the public interest, and is established under the authority of the Secretary of the Interior. Dated: December 1, 2011. Ken Salazar, Secretary of the Interior. [FR Doc. 2011–31559 Filed 12–7–11; 8:45 am] BILLING CODE 4310–T2–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2011–0943] RIN 1625–AA09 Drawbridge Operation Regulation; Blackwater River, South Quay, VA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to change the regulations that govern the operation of the S189 Bridge over Blackwater River, mile 9.2, at South Quay, VA. The proposed rule would change the current regulation requiring a 24-hour advance notice and allow the bridge to remain in the closed position SUMMARY: E:\FR\FM\08DEP1.SGM 08DEP1

Agencies

[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Page 76634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31559]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

30 CFR Chapter XII

[Docket No. ONRR-2011-0007]


Establishment of the Indian Oil Valuation Negotiated Rulemaking 
Committee

AGENCY: Office of Natural Resources Revenue, Interior.

ACTION: Notice.

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SUMMARY: On January 31, 2011, the Department published a notice of 
intent to establish an Indian Oil Valuation Negotiated Rulemaking 
Committee. In that notice, we requested interested parties to nominate 
representatives for membership on the Committee and addressed many of 
the requirements of Section 564 of the Negotiated Rulemaking Act. On 
August 22, 2011, the Department published a second notice of intent to 
establish an Indian Oil Valuation Negotiated Rulemaking Committee to 
address the remaining requirements of Section 564 of the Negotiated 
Rulemaking Act and to inquire if all interests were represented by the 
proposed members. This notice establishes the Committee.

FOR FURTHER INFORMATION CONTACT: Mr. Karl Wunderlich, Office of Natural 
Resources Revenue (ONRR), Telephone: (303) 231-3663; Fax: (303) 231-
3194, or Email: karl.wunderlich@onrr.gov.

SUPPLEMENTARY INFORMATION: In response to our second notice, we 
received three responses recommending three additional members to the 
Committee. In response, we have added the following three recommended 
members to the Committee: Patrick Flynn, employee of Resolute Energy 
Corporation, representative of Industry; Grinnell Day Chief, 
representative of the Blackfeet Nation; Alan Taradash, representative 
of the Jicarilla Apache Nation.
    One additional comment was received in response to the second 
notice of intent offering broad objections to the composition of the 
Committee. In particular, the commenter felt the Committee did not 
represent all significant interests, did not represent global energy 
producer interests, included members from the oil industry with 
conflicts of interest, and should not have had inclusion from the 
Bureau of Indian Affairs (BIA).
    While ONRR appreciates and encourages interest in the Indian Oil 
Valuation Negotiated Rulemaking Committee, at this time we find it 
unnecessary to reconstitute or make significant changes to the 
committee. On January 31, 2011, ONRR solicited nominees for membership 
to the Committee. On August 22, 2011, ONRR solicited additional 
nominees. This provided the commenter two opportunities to nominate a 
member that would represent the significant interests he felt were 
omitted. ONRR believes it has adequately met the intent of the Federal 
Advisory Committee Act (FACA) in soliciting membership and finding 
members with an appropriate balance of viewpoints. ONRR also notes that 
the Committee is being formed to address valuation of oil production 
from domestic Indian oil leases. Global energy interests are most 
likely unconcerned with the subject of this Committee and no 
nominations were offered to represent these interests. Likewise, the 
proposed representatives from industry were nominated by their 
constituents and have an undeniable stake in the rulemaking process. 
Any perceived conflict of interest on the part of industry's 
nominations was not adequately described by the commenter. While the 
commenter noted that the oil industry members have conflicts of 
interest, this is expected of ``representative'' members of a FACA 
committee. These members serve as representatives of outside entities 
or groups and their exclusive function is to represent the points of 
view of a particular industry or group (e.g. labor, agriculture, 
energy, environmental, tribal, or some other recognizable group of 
persons). In representing the interests of a specifically identifiable 
interest group, the opinions, information, and advice these members 
offer will reflect the biases of the particular group that the member 
represents on the Committee. ONRR firmly believes that the interests 
significantly affected by the rulemaking are represented by the 
members.
    Finally, the Committee was formed within the terms of the FACA 
which provides for government oversight over FACA committees. In the 
case of this Committee, ONRR believes that BIA belongs on the 
Committee, because BIA issues leases and is the office of record 
maintaining surface and mineral ownership records on Indian Trust 
lands.
    The Committee will meet at least quarterly with the first meeting 
planned for February 2012.
    Certification Statement: I hereby certify that the Indian Oil 
Valuation Negotiated Rulemaking Committee is necessary, is in the 
public interest, and is established under the authority of the 
Secretary of the Interior.

    Dated: December 1, 2011.
Ken Salazar,
Secretary of the Interior.
[FR Doc. 2011-31559 Filed 12-7-11; 8:45 am]
BILLING CODE 4310-T2-P