Agency Information Collection Activities: Proposed Collection, Comment Request, 5268-5275 [2012-2297]
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
The preliminary rate being adopted
today is effective for calendar year 2012.
Therefore, all gaming operations within
the jurisdiction of the Commission are
required to self administer the
provisions of these regulations, and
report and pay any fees that are due to
the Commission by June 30, 2012.
Dated: January 27, 2012.
Tracie Stevens,
Chairwoman.
Dated: January 27, 2012.
Steffani A. Cochran,
Vice-Chairwoman.
Dated: January 27, 2012.
Daniel Little,
Associate Commissioner.
[FR Doc. 2012–2255 Filed 2–1–12; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0025]
Agency Information Collection
Activities: Proposed Collection,
Comment Request
Office of Natural Resources
Revenue, Interior.
ACTION: Notice of an extension of a
currently approved information
collection.
AGENCY:
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SUPPLEMENTARY INFORMATION:
To comply with the
Paperwork Reduction Act of 1995
(PRA), the Office of Natural Resources
Revenue (ONRR) is inviting comments
on the renewal of a collection of
information that we will submit to the
Office of Management and Budget
(OMB) for review and approval. The
OMB formerly approved this
information collection request (ICR)
under OMB Control Number 1010–0087.
However, OMB approved a new series
number and renumbered our ICRs after
the Secretary of the U.S. Department of
the Interior established ONRR (formerly
Minerals Revenue Management, a
program under the former Minerals
Management Service) by Secretarial
Order 3299, effective October 1, 2010.
The OMB Control Number for this
collection of information now is 1012–
0003. In addition, ONRR published a
rule, effective October 1, 2010,
transferring our regulations from
chapter II to chapter XII in title 30 of the
Code of Federal Regulations (CFR). This
ICR covers the paperwork requirements
in the regulations under 30 CFR parts
1227, 1228, and 1229.
DATES: Submit written comments on or
before April 2, 2012.
SUMMARY:
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You may submit comments
on this ICR to ONRR by any of the
following methods. Please use ‘‘ICR
1012–0003’’ as an identifier in your
comment.
• Electronically go to https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ONRR–
2011–0025 and then click search.
Follow the instructions to submit public
comments. The ONRR will post all
comments.
• Mail comments to Hyla Hurst,
Regulatory Specialist, Office of Natural
Resources Revenue, P.O. Box 25165, MS
64000A, Denver, Colorado 80225. Please
reference ICR 1012–0003 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling St., Denver, Colorado
80225. Please reference ICR 1012–0003
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or
email hyla.hurst@onrr.gov. You may
also contact Hyla Hurst to obtain copies,
at no cost, of (1) the ICR, (2) any
associated forms, and (3) the regulations
that require the subject collection of
information.
ADDRESSES:
Title: 30 CFR parts 1227, 1228, and
1229, Delegated and Cooperative
Activities with States and Indian Tribes.
OMB Control Number: 1012–0003.
Bureau Form Number: None.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for mineral resource development on
Federal and Indian lands and the Outer
Continental Shelf (OCS). Under the
Mineral Leasing Act of 1920, Outer
Continental Shelf Lands Act of 1953,
Geothermal Steam Act of 1970, and
Indian Mineral Development Act of
1982, the Secretary is responsible for
managing the production of minerals
from Federal and Indian lands and the
OCS, collecting royalties and other
mineral revenues from lessees who
produce minerals, and distributing the
funds collected in accordance with
applicable laws. The Secretary also has
a trust responsibility to manage Indian
lands and seek advice and information
from Indian beneficiaries. The ONRR
performs the mineral revenue
management functions and assists the
Secretary in carrying out the
Department’s trust responsibility for
Indian lands. Public laws pertaining to
mineral revenues are located on our
Web site at https://www.onrr.gov/
Laws_R_D/PublicLawsAMR.htm.
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When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share in an amount or value of
production from the leased lands. The
regulations require the lessee to report
various kinds of information to the
lessor relative to the disposition of the
leased minerals. Such information is
generally available within the records of
the lessee or others involved in
developing, transporting, processing,
purchasing, or selling of such minerals.
The information ONRR collects includes
data necessary to ensure that the lessee
accurately values and appropriately
pays all royalties and other mineral
revenues due.
The Federal Oil and Gas Royalty
Management Act of 1982 (FOGRMA), as
amended by the Federal Oil and Gas
Royalty Simplification and Fairness Act
of 1996, sections 3, 4, and 8 for Federal
lands, authorizes the Secretary to
develop delegated and cooperative
agreements with states (sect. 205) and
Indian tribes (sect. 202) to carry out
certain inspection, auditing,
investigation, or limited enforcement
activities for oil and gas leases in their
jurisdiction. The states and Indian tribes
are working partners and are an integral
part of the overall onshore and offshore
compliance effort. The Appropriations
Act of 1992 also authorizes the states
and Indian tribes to perform the same
functions for coal and other solid
mineral leases.
This collection of information is
necessary in order for states and Indian
tribes to conduct audits and related
investigations of Federal and Indian oil,
gas, coal, any other solid minerals, and
geothermal royalty revenues from
Federal and tribal leased lands. Relevant
parts of the regulations include 30 CFR
parts 1227, 1228, and 1229, as described
below:
Title 30 CFR part 1227—Delegation to
States, provides procedures to delegate
certain Federal minerals revenue
management functions to states for
Federal oil and gas leases. The
regulations provide only audit and
investigation functions to states for
Federal geothermal and solid mineral
leases, and leases subject to section 8(g)
of the OCS Lands Act, within their state
boundaries. To be considered for such
delegation, states must submit a written
proposal to ONRR, which ONRR must
approve. States also must provide
periodic accounting documentation to
ONRR.
Title 30 CFR part 1228—Cooperative
Activities with States and Indian Tribes,
provides procedures for Indian tribes to
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carry out audits and related
investigations of their respective leased
lands. Indian tribes must submit a
written proposal to ONRR in order to
enter into a cooperative agreement. The
proposal must outline the activities the
tribe will undertake and must present
evidence that the tribe can meet the
standards of the Secretary for the
activities to be conducted. The tribes
also must submit an annual work plan
and budget, as well as quarterly
reimbursement vouchers.
Title 30 CFR part 1229—Delegation to
States, provides procedures for states to
carry out audits and related
investigations of leased Indian lands
within their respective state boundaries,
by permission of the respective Indian
tribal councils or individual Indian
mineral owners. The state must receive
the Secretary’s delegation of authority
and submit annual audit work plans
detailing its audits and related
investigations, annual budgets, and
quarterly reimbursement vouchers. The
state also must maintain records.
The ONRR protects proprietary
information the states and tribes submit
under this collection. We do not collect
items of a sensitive nature. States and
tribes must respond in order to obtain
the benefit of entering into a cooperative
agreement with the Secretary.
Frequency of Response: Varies based
on the function performed.
Estimated Number and Description of
Respondents: 10 states and 6 Indian
tribes.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 5,531
hours.
We have not included in our
estimates certain requirements
performed in the normal course of
business and considered usual and
customary. The following chart shows
the estimated burden hours by CFR
section and paragraph:
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
30 CFR Section
Reporting and recordkeeping requirements
Hour burden
per response
Number of
annual
responses
Annual burden
hours
Part 1227—Delegation to States
Delegation Proposals
1227.103; 107; 109; 110(a–
b)(1)); 110(c–e); 111(a–b);
805.
What must a State’s delegation proposal contain? ...............
If you want ONRR to delegate royalty management functions to you, then you must submit a delegation proposal
to the ONRR Deputy Director. The ONRR will provide you
with technical assistance and information to help you prepare your delegation proposal.
200
1
200
16
11
176
4
64
256
Delegation Process
1227.110(b)(2) ........................
If you want to change the terms of your delegation agreement for the renewal period, you must submit a new delegation proposal under this part.
Existing Delegations
Compensation
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1227.112(d, e) ........................
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What compensation will a State receive to perform delegated functions?
You will receive compensation for your costs to perform
each delegated function subject to the following conditions.
(d) At a minimum, you must provide vouchers detailing your
expenditures quarterly during the fiscal year. However,
you may agree to provide vouchers on a monthly basis in
your delegation agreement.
(e) You must maintain adequate books and records to support your vouchers.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR Section
Reporting and recordkeeping requirements
Hour burden
per response
Number of
annual
responses
Annual burden
hours
States’ Responsibilities To Perform Delegated Functions
1227.200(a–d) .........................
1227.200(e); 801(a); 804 ........
1227.200(f); 401(e); 601(d) ....
1227.200(g); 301(e) ................
1227.200(h) .............................
1227.400(a)(4) and (a)(6);
401(d); 501(c).
1227.400(c) .............................
1227.601(c) .............................
What are a State’s general responsibilities if it accepts a
delegation?
For each delegated function you perform, you must: (a)
* * * seek information or guidance from ONRR regarding
new, complex, or unique issues..
(b)(1) * * * Provide complete disclosure of financial results
of activities;
(2) Maintain correct and accurate records of all mineral-related transactions and accounts;
(3) Maintain effective controls and accountability;
(4) Maintain a system of accounts
(5) Maintain adequate royalty and production information
(c) Assist ONRR in meeting the requirements of the Government Performance and Results Act (GPRA)
(d) Maintain all records you obtain or create under your delegated function, such as royalty reports, production reports, and other related information. * * * You must
maintain such records for at least 7 years.
(e) Provide reports to ONRR about your activities under
your delegated functions * * * At a minimum, you must
provide periodic statistical reports to ONRR summarizing
the activities you carried out.
(f) Assist ONRR in maintaining adequate reference, royalty,
and production databases.
(g) Develop annual work plans ..............................................
(h) Help ONRR respond to requests for information from
other Federal agencies, Congress, and the public.
What functions may a State perform in processing production reports or royalty reports?
Production reporters or royalty reporters provide production,
sales, and royalty information on mineral production from
leases that must be collected, analyzed, and corrected
(a) If you request delegation of either production report or
royalty report processing functions, you must perform
(4) Timely transmitting production report or royalty report
data to ONRR and other affected Federal agencies
(6) Providing production data or royalty data to ONRR and
other affected Federal agencies.
(c) You must provide ONRR with a copy of any exceptions
from reporting and payment requirements for marginal
properties and any alternative royalty and payment requirements for unit agreements and communitization
agreements you approve.
What are a State’s responsibilities if it performs automated
verification?
To perform automated verification of production reports or
royalty reports, you must
(c) Maintain all documentation and logging procedures
200
10
2,000
3
44
132
1
250
250
60
8
10
10
600
80
250
1
250
12
1
12
10
1
10
........................
403
3,966
Performance Review
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Subtotal Burden for 30
CFR part 1227.
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.................................................................................................
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR Section
Reporting and recordkeeping requirements
Hour burden
per response
Number of
annual
responses
Annual burden
hours
Part 1228—Cooperative Activities With States and Indian Tribes
Subpart C—Oil and Gas, Onshore
1228.100(a) and (b); 101(c);
107(b).
1228.101(a) .............................
1228.101(d) .............................
1228.103(a) and (b) ................
1228.105(a)(1) and (a)(2) .......
1228.105(c) .............................
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Subtotal Burden for 30
CFR part 1228.
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Entering into an agreement ....................................................
(a) * * * Indian tribe may request the Department to enter
into a cooperative agreement by sending a letter from
* * * tribal chairman * * * to the Director of ONRR
(b) The request for an agreement shall be in a format prescribed by ONRR and should include at a minimum the
following information:
(1) Type of eligible activities to be undertaken
(2) Proposed term of the agreement
(3) Evidence that * * * Indian tribe meets, or can meet by
the time the agreement is in effect.
(4) If the State is proposing to undertake activities on Indian
lands located within the State, a resolution from the appropriate tribal council indicating their agreement to delegate to the State responsibilities under the terms of the
cooperative agreement for activities to be conducted on
tribal or allotted land.
Terms of agreement ...............................................................
(a) Agreements entered into under this part shall be valid
for a period of 3 years and shall be renewable * * * upon
request of * * * Indian tribe.
(d) * * * Indian tribe will be given 60 days to respond to the
notice of deficiencies and to provide a plan for correction
of those deficiencies.
Maintenance of records ..........................................................
(a) * * * Indian tribe entering into a cooperative agreement
under this part must retain all records, reports, working
papers, and any backup materials.
(b) * * * Indian tribe shall maintain all books and records ...
Funding of cooperative agreements ......................................
(a)(1) The Department may, under the terms of the cooperative agreement, reimburse * * * Indian tribe up to 100
percent of the costs of eligible activities. Eligible activities
will be agreed upon annually upon the submission and
approval of a work plan and funding requirement
(2) A cooperative agreement may be entered into with * * *
Indian tribe, upon request, without a requirement for reimbursement of costs by the Department
(c) * * * Indian tribe shall submit a voucher for reimbursement of eligible costs incurred within 30 days of the end
of each calendar quarter. * * * Indian tribe must provide
the Department a summary of costs incurred, for which
* * * Indian tribe is seeking reimbursement, with the
voucher.
200
1
200
15
6
90
80
1
80
120
6
720
60
6
360
4
24
96
.................................................................................................
........................
44
1,546
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR Section
Reporting and recordkeeping requirements
Hour burden
per response
Number of
annual
responses
Annual burden
hours
Part 1229—Delegation To States
Subpart C—Oil and Gas, Onshore
Administration Of Delegations
1229.100(a)(1) and (a)(2) .......
1229.101 (a) and (d) ...............
1229.102(c) .............................
1229.103(c) .............................
1229.105 .................................
1229.106 .................................
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1229.109(a) .............................
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Authorities and responsibilities subject to delegation ............
(a) All or part of the following authorities and responsibilities
of the Secretary under the Act may be delegated to a
State authority:
(1) Conduct of audits related to oil and gas royalty payments made to the ONRR which are attributable to
leased * * * Indian lands within the State.
Delegations with respect to any Indian lands require the
written permission, subject to the review of the ONRR, of
the affected Indian tribe or allottee.
(2) Conduct of investigation related to oil and gas royalty
payments made to the ONRR which are attributable to
* * * Indian lands within the State.
Delegation with respect to any Indian lands require the written permission, subject to the review of the ONRR, of the
affected Indian tribe or allottee. No investigation will be
initiated without the specific approval of the ONRR.
Petition for delegation ............................................................
(a) The governor or other authorized official of any State
which contains * * * Indian oil and gas leases where the
Indian tribe and allottees have given the State an affirmative indication of their desire for the State to undertake
certain royalty management-related activities on their
lands, may petition the Secretary to assume responsibilities to conduct audits and related investigations of royalty
related matters affecting * * * Indian oil and gas leases
within the State.
(d) In the event that the Secretary denies the petition, the
Secretary must provide the State with the specific reasons for denial of the petition. The State will then have 60
days to either contest or correct specific deficiencies and
to reapply for a delegation of authority.
Fact-finding and hearings .......................................................
(c) A State petitioning for a delegation of authority shall be
given the opportunity to present testimony at a public
hearing.
Duration of delegations; termination of delegations ..............
(c) A State may terminate a delegation of authority by giving
a 120-day written notice of intent to terminate.
Evidence of Indian agreement to delegation .........................
In the case of a State seeking a delegation of authority for
Indian lands * * * the State petition to the Secretary must
be supported by an appropriate resolution or resolutions
of tribal councils joining the State in petitioning for delegation and evidence of the agreement of individual Indian
allottees whose lands would be involved in a delegation.
Such evidence shall specifically speak to having the State
assume delegated responsibility for specific functions related to royalty management activities.
Withdrawal of Indian lands from delegated authority. ...........
If at any time an Indian tribe or an individual Indian allottee
determines that it wishes to withdraw from the State delegation of authority in relation to its lands, it may do so by
sending a petition of withdrawal to the State.
Reimbursement for costs incurred by a State under the delegation of authority.
(a) The Department of the Interior (DOI) shall reimburse the
State for 100 percent of the direct cost associated with
the activities undertaken under the delegation of authority.
The State shall maintain books and records in accordance with the standards established by the DOI and will
provide the DOI, on a quarterly basis, a summary of costs
incurred.
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR Section
Reporting and recordkeeping requirements
1229.109(b) .............................
Hour burden
per response
(b) The State shall submit a voucher for reimbursement of
costs incurred within 30 days of the end of each calendar
quarter.
Number of
annual
responses
Annual burden
hours
1
4
4
Delegation Requirements
1229.120 .................................
Obtaining regulatory and policy guidance
All activities performed by a State under a delegation must
be in full accord with all Federal laws, rules and regulations, and Secretarial and agency determinations and orders relating to the calculation, reporting, and payment of
oil and gas royalties. In those cases when guidance or interpretations are necessary, the State will direct written
requests for such guidance or interpretation to the appropriate ONRR officials.
1
1
1
1229.121(a–d) .........................
Recordkeeping requirements .................................................
(a) The State shall maintain in a safe and secure manner all
records, workpapers, reports, and correspondence gained
or developed as a consequence of audit or investigative
activities conducted under the delegation.
(b) The State must maintain in a confidential manner all
data obtained from DOI sources or from payor or company sources under the delegation.
(c) All records subject to the requirements of paragraph (a)
must be maintained for a 6-year period measured from
the end of the calendar year in which the records were
created * * * Upon termination of a delegation, the State
shall, within 90 days from the date of termination, assemble all records specified in subsection (a), complete all
working paper files in accordance with § 229.124, and
transfer such records to the ONRR
(d) The State shall maintain complete cost records for the
delegation in accordance with generally accepted accounting principles.
Coordination of audit activities ...............................................
(a) Each State with a delegation of authority shall submit
annually to the ONRR an audit workplan specifically identifying leases, resources, companies, and payors scheduled for audit * * * A State may request changes to its
workplan * * * at the end of each quarter of each fiscal
year. All requested changes are subject to approval by
the ONRR and must be submitted in writing
(b) When a State plans to audit leases of a lessee or royalty payor for which there is an ONRR or OIG resident
audit team, all audit activities must be coordinated
through the ONRR or OIG resident supervisor.
(c) The State shall consult with the ONRR and/or OIG regarding resolution of any coordination problems encountered during the conduct of delegation activities
Standards for audit activities ..................................................
(b)(3) Standards of reporting. (i) Written audit reports are to
be submitted to the appropriate ONRR officials at the end
of each field examination
Documentation standards ......................................................
Every audit performed by a State under a delegation of authority must meet certain documentation standards. In
particular, detailed workpapers must be developed and
maintained
1
1
1
1
1
1
1
1
1
1
1
1
1229.122(a–c) .........................
1229.123 (b)(3)(i) ....................
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1229.124 .................................
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR Section
1229.125(a) and (b) ................
Preparation and issuance of enforcement documents ..........
(a) Determinations of additional royalties due resulting from
audit activities conducted under a delegation of authority
must be formally communicated by the State, to the companies or other payors by an issue letter prior to any enforcement action.
(b) After evaluating the company or payor’s response to the
issue letter, the State shall draft a demand letter which
will be submitted with supporting workpaper files to the
ONRR for appropriate enforcement action. Any substantive revisions to the demand letter will be discussed
with the State prior to issuance of the letter.
Appeals ...................................................................................
(a) * * * The State regulatory authority shall, upon the request of the ONRR, provide competent and knowledgeable staff for testimony, as well as any required documentation and analyses, in support of the lessor’s position during the appeal process
(b) An affected State, upon the request of the ONRR, shall
provide expert witnesses from their audit staff for testimony as well as required documentation and analyses to
support the Department’s position during the litigation of
court cases arising from denied appeals.
Reports from States ...............................................................
The State, acting under the authority of the Secretarial delegation, shall submit quarterly reports which will summarize activities carried out by the State during the preceding quarter of the year under the provisions of the delegation.
1229.126(a) and (b) ................
1229.127 .................................
Subtotal Burden for 30
CFR part 229.
TOTAL BURDEN ......
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Hour burden
per response
Reporting and recordkeeping requirements
17:04 Feb 01, 2012
Annual burden
hours
1
1
1
1
1
1
1
1
1
.................................................................................................
........................
19
19
.................................................................................................
........................
466
5,531
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour Cost’’
Burden: We have identified no ‘‘nonhour cost’’ burden associated with this
collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
Comments: Before submitting an ICR
to OMB, PRA section 3506(c)(2)(A)
requires each agency to ‘‘* * * provide
60-day notice in the Federal Register
* * * and otherwise consult with
members of the public and affected
agencies concerning each proposed
collection of information * * *.’’
Agencies must specifically solicit
comments to: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
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Number of
annual
responses
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information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
The PRA also requires agencies to
estimate the total annual reporting
‘‘non-hour cost’’ burden to respondents
or recordkeepers resulting from the
collection of information. If you have
costs to generate, maintain, and disclose
this information, you should comment
and provide your total capital and
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods you use to
estimate major cost factors, including
system and technology acquisition,
expected useful life of capital
equipment, discount rate(s), and the
period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software you purchase to prepare for
collecting information; monitoring,
sampling, and testing equipment; and
record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
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1, 1995; (ii) to comply with
requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Government; or (iv)
as part of customary and usual business
or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. We also will post the ICR
on our Web site at https://www.onrr.gov/
Laws_R_D/FRNotices/ICR0087.htm.
Public Comment Policy: We will post
all comments, including names and
addresses of respondents, at https://
www.regulations.gov. Before including
your address, phone number, email
address, or other personal identifying
information in your comment, be
advised that your entire comment—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us in your comment to withhold from
public view your personal identifying
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
information, we cannot guarantee that
we will be able to do so.
Information Collection Clearance
Officer: Laura Dorey (202) 208–2654.
Dated: January 26, 2012.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2012–2297 Filed 2–1–12; 8:45 am]
BILLING CODE 4310–T2–P
INTERNATIONAL TRADE
COMMISSION
[DN 2874]
Certain Ink Application Devices and
Components Thereof and Methods of
Using the Same; Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled In Re Certain Ink Application
Devices and Components Thereof and
Methods of Using the Same, DN 2874;
the Commission is soliciting comments
on any public interest issues raised by
the complaint.
FOR FURTHER INFORMATION CONTACT:
James R. Holbein, Secretary to the
Commission, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–2000. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, and will be
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., Washington, DC 20436,
telephone (202) 205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission has received a complaint
filed on behalf of MT.Derm GmbH and
Nouveau Cosmetique USA Inc., on
January 30, 2012. The complaint alleges
violations of section 337 of the Tariff
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:04 Feb 01, 2012
Jkt 226001
Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain ink application devices and
components thereof and methods of
using the same. The complaint names TTech Tattoo Device Inc. of Canada;
Yiwu Beyond Tattoo Equipments Co.,
Ltd. of China; and Guangzhou
Pengcheng Cosmetology Firm of China,
as respondents.
The complainant, proposed
respondents, other interested parties,
and members of the public are invited
to file comments, not to exceed five
pages in length, on any public interest
issues raised by the complaint.
Comments should address whether
issuance of an exclusion order and/or a
cease and desist order in this
investigation would negatively affect the
public health and welfare in the United
States, competitive conditions in the
United States economy, the production
of like or directly competitive articles in
the United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the orders are used
in the United States;
(ii) Identify any public health, safety,
or welfare concerns in the United States
relating to the potential orders;
(iii) Indicate the extent to which like
or directly competitive articles are
produced in the United States or are
otherwise available in the United States,
with respect to the articles potentially
subject to the orders; and
(iv) Indicate whether Complainant,
Complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to an exclusion order
and a cease and desist order within a
commercially reasonable time.
Written submissions must be filed no
later than by close of business, eight
business days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
public interest after the issuance of any
final initial determination in this
investigation.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Submissions should
refer to the docket number (‘‘Docket No.
2874’’) in a prominent place on the
cover page and/or the first page. The
Commission’s rules authorize filing
submissions with the Secretary by
facsimile or electronic means only to the
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
5275
extent permitted by section 201.8 of the
rules (see Handbook for Electronic
Filing Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
documents/
handbook_on_electronic_filing.pdf.
Persons with questions regarding
electronic filing should contact the
Secretary ((202) 205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.50(a)(4)
of the Commission’s Rules of Practice
and Procedure (19 CFR 201.10,
210.50(a)(4)).
By order of the Commission.
Issued: January 30, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–2321 Filed 2–1–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–528]
Used Electronic Products: An
Examination of U.S. Exports;
Institution of Investigation and
Scheduling of Hearing
United States International
Trade Commission.
ACTION: Institution of investigation and
scheduling of public hearing.
AGENCY:
Following receipt of a request
on January 9, 2012, from the United
States Trade Representative (USTR)
under section 332(g) of the Tariff Act of
1930 (19 U.S.C. 1332(g)), the U.S.
International Trade Commission
(Commission) instituted investigation
No. 332–528, Used Electronic Products:
An Examination of U.S. Exports.
DATES: April 16, 2012: Deadline for
filing request to appear at the public
hearing.
April 30, 2012: Deadline for filing prehearing briefs and statements.
May 15, 2012: Public hearing.
SUMMARY:
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5268-5275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2297]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0025]
Agency Information Collection Activities: Proposed Collection,
Comment Request
AGENCY: Office of Natural Resources Revenue, Interior.
ACTION: Notice of an extension of a currently approved information
collection.
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), the
Office of Natural Resources Revenue (ONRR) is inviting comments on the
renewal of a collection of information that we will submit to the
Office of Management and Budget (OMB) for review and approval. The OMB
formerly approved this information collection request (ICR) under OMB
Control Number 1010-0087. However, OMB approved a new series number and
renumbered our ICRs after the Secretary of the U.S. Department of the
Interior established ONRR (formerly Minerals Revenue Management, a
program under the former Minerals Management Service) by Secretarial
Order 3299, effective October 1, 2010. The OMB Control Number for this
collection of information now is 1012-0003. In addition, ONRR published
a rule, effective October 1, 2010, transferring our regulations from
chapter II to chapter XII in title 30 of the Code of Federal
Regulations (CFR). This ICR covers the paperwork requirements in the
regulations under 30 CFR parts 1227, 1228, and 1229.
DATES: Submit written comments on or before April 2, 2012.
ADDRESSES: You may submit comments on this ICR to ONRR by any of the
following methods. Please use ``ICR 1012-0003'' as an identifier in
your comment.
Electronically go to https://www.regulations.gov. In the
entry titled ``Enter Keyword or ID,'' enter ONRR-2011-0025 and then
click search. Follow the instructions to submit public comments. The
ONRR will post all comments.
Mail comments to Hyla Hurst, Regulatory Specialist, Office
of Natural Resources Revenue, P.O. Box 25165, MS 64000A, Denver,
Colorado 80225. Please reference ICR 1012-0003 in your comments.
Hand-carry comments or use an overnight courier service.
Our courier address is Building 85, Room A-614, Denver Federal Center,
West 6th Ave. and Kipling St., Denver, Colorado 80225. Please reference
ICR 1012-0003 in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla Hurst, telephone (303) 231-3495,
or email hyla.hurst@onrr.gov. You may also contact Hyla Hurst to obtain
copies, at no cost, of (1) the ICR, (2) any associated forms, and (3)
the regulations that require the subject collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR parts 1227, 1228, and 1229, Delegated and Cooperative
Activities with States and Indian Tribes.
OMB Control Number: 1012-0003.
Bureau Form Number: None.
Abstract: The Secretary of the U.S. Department of the Interior is
responsible for mineral resource development on Federal and Indian
lands and the Outer Continental Shelf (OCS). Under the Mineral Leasing
Act of 1920, Outer Continental Shelf Lands Act of 1953, Geothermal
Steam Act of 1970, and Indian Mineral Development Act of 1982, the
Secretary is responsible for managing the production of minerals from
Federal and Indian lands and the OCS, collecting royalties and other
mineral revenues from lessees who produce minerals, and distributing
the funds collected in accordance with applicable laws. The Secretary
also has a trust responsibility to manage Indian lands and seek advice
and information from Indian beneficiaries. The ONRR performs the
mineral revenue management functions and assists the Secretary in
carrying out the Department's trust responsibility for Indian lands.
Public laws pertaining to mineral revenues are located on our Web site
at https://www.onrr.gov/Laws_R_D/PublicLawsAMR.htm.
When a company or an individual enters into a lease to explore,
develop, produce, and dispose of minerals from Federal or Indian lands,
that company or individual agrees to pay the lessor a share in an
amount or value of production from the leased lands. The regulations
require the lessee to report various kinds of information to the lessor
relative to the disposition of the leased minerals. Such information is
generally available within the records of the lessee or others involved
in developing, transporting, processing, purchasing, or selling of such
minerals. The information ONRR collects includes data necessary to
ensure that the lessee accurately values and appropriately pays all
royalties and other mineral revenues due.
The Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), as
amended by the Federal Oil and Gas Royalty Simplification and Fairness
Act of 1996, sections 3, 4, and 8 for Federal lands, authorizes the
Secretary to develop delegated and cooperative agreements with states
(sect. 205) and Indian tribes (sect. 202) to carry out certain
inspection, auditing, investigation, or limited enforcement activities
for oil and gas leases in their jurisdiction. The states and Indian
tribes are working partners and are an integral part of the overall
onshore and offshore compliance effort. The Appropriations Act of 1992
also authorizes the states and Indian tribes to perform the same
functions for coal and other solid mineral leases.
This collection of information is necessary in order for states and
Indian tribes to conduct audits and related investigations of Federal
and Indian oil, gas, coal, any other solid minerals, and geothermal
royalty revenues from Federal and tribal leased lands. Relevant parts
of the regulations include 30 CFR parts 1227, 1228, and 1229, as
described below:
Title 30 CFR part 1227--Delegation to States, provides procedures
to delegate certain Federal minerals revenue management functions to
states for Federal oil and gas leases. The regulations provide only
audit and investigation functions to states for Federal geothermal and
solid mineral leases, and leases subject to section 8(g) of the OCS
Lands Act, within their state boundaries. To be considered for such
delegation, states must submit a written proposal to ONRR, which ONRR
must approve. States also must provide periodic accounting
documentation to ONRR.
Title 30 CFR part 1228--Cooperative Activities with States and
Indian Tribes, provides procedures for Indian tribes to
[[Page 5269]]
carry out audits and related investigations of their respective leased
lands. Indian tribes must submit a written proposal to ONRR in order to
enter into a cooperative agreement. The proposal must outline the
activities the tribe will undertake and must present evidence that the
tribe can meet the standards of the Secretary for the activities to be
conducted. The tribes also must submit an annual work plan and budget,
as well as quarterly reimbursement vouchers.
Title 30 CFR part 1229--Delegation to States, provides procedures
for states to carry out audits and related investigations of leased
Indian lands within their respective state boundaries, by permission of
the respective Indian tribal councils or individual Indian mineral
owners. The state must receive the Secretary's delegation of authority
and submit annual audit work plans detailing its audits and related
investigations, annual budgets, and quarterly reimbursement vouchers.
The state also must maintain records.
The ONRR protects proprietary information the states and tribes
submit under this collection. We do not collect items of a sensitive
nature. States and tribes must respond in order to obtain the benefit
of entering into a cooperative agreement with the Secretary.
Frequency of Response: Varies based on the function performed.
Estimated Number and Description of Respondents: 10 states and 6
Indian tribes.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 5,531
hours.
We have not included in our estimates certain requirements
performed in the normal course of business and considered usual and
customary. The following chart shows the estimated burden hours by CFR
section and paragraph:
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Number of
30 CFR Section Reporting and recordkeeping Hour burden annual Annual burden
requirements per response responses hours
----------------------------------------------------------------------------------------------------------------
Part 1227--Delegation to States
Delegation Proposals
----------------------------------------------------------------------------------------------------------------
1227.103; 107; 109; 110(a-b)(1)); What must a State's 200 1 200
110(c-e); 111(a-b); 805. delegation proposal
contain?.
If you want ONRR to
delegate royalty
management functions to
you, then you must submit
a delegation proposal to
the ONRR Deputy Director.
The ONRR will provide you
with technical assistance
and information to help
you prepare your
delegation proposal.
----------------------------------------------------------------------------------------------------------------
Delegation Process
----------------------------------------------------------------------------------------------------------------
1227.110(b)(2)..................... If you want to change the 16 11 176
terms of your delegation
agreement for the renewal
period, you must submit a
new delegation proposal
under this part.
----------------------------------------------------------------------------------------------------------------
Existing Delegations
Compensation
----------------------------------------------------------------------------------------------------------------
1227.112(d, e)..................... What compensation will a 4 64 256
State receive to perform
delegated functions?
You will receive
compensation for your
costs to perform each
delegated function subject
to the following
conditions.
(d) At a minimum, you must
provide vouchers detailing
your expenditures
quarterly during the
fiscal year. However, you
may agree to provide
vouchers on a monthly
basis in your delegation
agreement.
(e) You must maintain
adequate books and records
to support your vouchers.
----------------------------------------------------------------------------------------------------------------
[[Page 5270]]
States' Responsibilities To Perform Delegated Functions
----------------------------------------------------------------------------------------------------------------
1227.200(a-d)...................... What are a State's general 200 10 2,000
responsibilities if it
accepts a delegation?
For each delegated function
you perform, you must: (a)
* * * seek information or
guidance from ONRR
regarding new, complex, or
unique issues..
(b)(1) * * * Provide
complete disclosure of
financial results of
activities;.
(2) Maintain correct and
accurate records of all
mineral-related
transactions and accounts;.
(3) Maintain effective
controls and
accountability;.
(4) Maintain a system of
accounts.
(5) Maintain adequate
royalty and production
information.
(c) Assist ONRR in meeting
the requirements of the
Government Performance and
Results Act (GPRA).
(d) Maintain all records
you obtain or create under
your delegated function,
such as royalty reports,
production reports, and
other related information.
* * * You must maintain
such records for at least
7 years..
1227.200(e); 801(a); 804........... (e) Provide reports to ONRR 3 44 132
about your activities
under your delegated
functions * * * At a
minimum, you must provide
periodic statistical
reports to ONRR
summarizing the activities
you carried out.
1227.200(f); 401(e); 601(d)........ (f) Assist ONRR in 1 250 250
maintaining adequate
reference, royalty, and
production databases.
1227.200(g); 301(e)................ (g) Develop annual work 60 10 600
plans.
1227.200(h)........................ (h) Help ONRR respond to 8 10 80
requests for information
from other Federal
agencies, Congress, and
the public.
1227.400(a)(4) and (a)(6); 401(d); What functions may a State 250 1 250
501(c). perform in processing
production reports or
royalty reports?
Production reporters or
royalty reporters provide
production, sales, and
royalty information on
mineral production from
leases that must be
collected, analyzed, and
corrected.
(a) If you request
delegation of either
production report or
royalty report processing
functions, you must
perform.
(4) Timely transmitting
production report or
royalty report data to
ONRR and other affected
Federal agencies.
(6) Providing production
data or royalty data to
ONRR and other affected
Federal agencies..
1227.400(c)........................ (c) You must provide ONRR 12 1 12
with a copy of any
exceptions from reporting
and payment requirements
for marginal properties
and any alternative
royalty and payment
requirements for unit
agreements and
communitization agreements
you approve.
1227.601(c)........................ What are a State's 10 1 10
responsibilities if it
performs automated
verification?
To perform automated
verification of production
reports or royalty
reports, you must.
(c) Maintain all
documentation and logging
procedures.
----------------------------------------------------------------------------------------------------------------
Performance Review
----------------------------------------------------------------------------------------------------------------
Subtotal Burden for 30 CFR part ........................... .............. 403 3,966
1227.
----------------------------------------------------------------------------------------------------------------
[[Page 5271]]
Part 1228--Cooperative Activities With States and Indian Tribes
Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
1228.100(a) and (b); 101(c); 107(b) Entering into an agreement. 200 1 200
(a) * * * Indian tribe may
request the Department to
enter into a cooperative
agreement by sending a
letter from * * * tribal
chairman * * * to the
Director of ONRR.
(b) The request for an
agreement shall be in a
format prescribed by ONRR
and should include at a
minimum the following
information:.
(1) Type of eligible
activities to be
undertaken.
(2) Proposed term of the
agreement.
(3) Evidence that * * *
Indian tribe meets, or can
meet by the time the
agreement is in effect.
(4) If the State is
proposing to undertake
activities on Indian lands
located within the State,
a resolution from the
appropriate tribal council
indicating their agreement
to delegate to the State
responsibilities under the
terms of the cooperative
agreement for activities
to be conducted on tribal
or allotted land..
1228.101(a)........................ Terms of agreement......... 15 6 90
(a) Agreements entered into
under this part shall be
valid for a period of 3
years and shall be
renewable * * * upon
request of * * * Indian
tribe.
1228.101(d)........................ (d) * * * Indian tribe will 80 1 80
be given 60 days to
respond to the notice of
deficiencies and to
provide a plan for
correction of those
deficiencies.
1228.103(a) and (b)................ Maintenance of records..... 120 6 720
(a) * * * Indian tribe
entering into a
cooperative agreement
under this part must
retain all records,
reports, working papers,
and any backup materials.
(b) * * * Indian tribe
shall maintain all books
and records.
1228.105(a)(1) and (a)(2).......... Funding of cooperative 60 6 360
agreements.
(a)(1) The Department may,
under the terms of the
cooperative agreement,
reimburse * * * Indian
tribe up to 100 percent of
the costs of eligible
activities. Eligible
activities will be agreed
upon annually upon the
submission and approval of
a work plan and funding
requirement.
(2) A cooperative agreement
may be entered into with *
* * Indian tribe, upon
request, without a
requirement for
reimbursement of costs by
the Department.
1228.105(c)........................ (c) * * * Indian tribe 4 24 96
shall submit a voucher for
reimbursement of eligible
costs incurred within 30
days of the end of each
calendar quarter. * * *
Indian tribe must provide
the Department a summary
of costs incurred, for
which * * * Indian tribe
is seeking reimbursement,
with the voucher.
----------------------------------------------------------------------------
Subtotal Burden for 30 CFR part ........................... .............. 44 1,546
1228.
----------------------------------------------------------------------------------------------------------------
[[Page 5272]]
Part 1229--Delegation To States
Subpart C--Oil and Gas, Onshore
Administration Of Delegations
----------------------------------------------------------------------------------------------------------------
1229.100(a)(1) and (a)(2).......... Authorities and 1 1 1
responsibilities subject
to delegation.
(a) All or part of the
following authorities and
responsibilities of the
Secretary under the Act
may be delegated to a
State authority:.
(1) Conduct of audits
related to oil and gas
royalty payments made to
the ONRR which are
attributable to leased * *
* Indian lands within the
State..
Delegations with respect to
any Indian lands require
the written permission,
subject to the review of
the ONRR, of the affected
Indian tribe or allottee..
(2) Conduct of
investigation related to
oil and gas royalty
payments made to the ONRR
which are attributable to
* * * Indian lands within
the State..
Delegation with respect to
any Indian lands require
the written permission,
subject to the review of
the ONRR, of the affected
Indian tribe or allottee.
No investigation will be
initiated without the
specific approval of the
ONRR..
1229.101 (a) and (d)............... Petition for delegation.... 1 1 1
(a) The governor or other
authorized official of any
State which contains * * *
Indian oil and gas leases
where the Indian tribe and
allottees have given the
State an affirmative
indication of their desire
for the State to undertake
certain royalty management-
related activities on
their lands, may petition
the Secretary to assume
responsibilities to
conduct audits and related
investigations of royalty
related matters affecting
* * * Indian oil and gas
leases within the State..
(d) In the event that the
Secretary denies the
petition, the Secretary
must provide the State
with the specific reasons
for denial of the
petition. The State will
then have 60 days to
either contest or correct
specific deficiencies and
to reapply for a
delegation of authority..
1229.102(c)........................ Fact-finding and hearings.. 1 1 1
(c) A State petitioning for
a delegation of authority
shall be given the
opportunity to present
testimony at a public
hearing..
1229.103(c)........................ Duration of delegations; 1 1 1
termination of delegations.
(c) A State may terminate a
delegation of authority by
giving a 120-day written
notice of intent to
terminate..
1229.105........................... Evidence of Indian 1 1 1
agreement to delegation.
In the case of a State
seeking a delegation of
authority for Indian lands
* * * the State petition
to the Secretary must be
supported by an
appropriate resolution or
resolutions of tribal
councils joining the State
in petitioning for
delegation and evidence of
the agreement of
individual Indian
allottees whose lands
would be involved in a
delegation. Such evidence
shall specifically speak
to having the State assume
delegated responsibility
for specific functions
related to royalty
management activities..
1229.106........................... Withdrawal of Indian lands 1 1 1
from delegated authority..
If at any time an Indian
tribe or an individual
Indian allottee determines
that it wishes to withdraw
from the State delegation
of authority in relation
to its lands, it may do so
by sending a petition of
withdrawal to the State.
1229.109(a)........................ Reimbursement for costs 1 1 1
incurred by a State under
the delegation of
authority.
(a) The Department of the
Interior (DOI) shall
reimburse the State for
100 percent of the direct
cost associated with the
activities undertaken
under the delegation of
authority. The State shall
maintain books and records
in accordance with the
standards established by
the DOI and will provide
the DOI, on a quarterly
basis, a summary of costs
incurred.
[[Page 5273]]
1229.109(b)........................ (b) The State shall submit 1 4 4
a voucher for
reimbursement of costs
incurred within 30 days of
the end of each calendar
quarter.
----------------------------------------------------------------------------------------------------------------
Delegation Requirements
----------------------------------------------------------------------------------------------------------------
1229.120........................... Obtaining regulatory and 1 1 1
policy guidance
All activities performed by
a State under a delegation
must be in full accord
with all Federal laws,
rules and regulations, and
Secretarial and agency
determinations and orders
relating to the
calculation, reporting,
and payment of oil and gas
royalties. In those cases
when guidance or
interpretations are
necessary, the State will
direct written requests
for such guidance or
interpretation to the
appropriate ONRR officials.
----------------------------------------------------------------------------------------------------------------
1229.121(a-d)...................... Recordkeeping requirements. 1 1 1
(a) The State shall
maintain in a safe and
secure manner all records,
workpapers, reports, and
correspondence gained or
developed as a consequence
of audit or investigative
activities conducted under
the delegation.
(b) The State must maintain
in a confidential manner
all data obtained from DOI
sources or from payor or
company sources under the
delegation.
(c) All records subject to
the requirements of
paragraph (a) must be
maintained for a 6-year
period measured from the
end of the calendar year
in which the records were
created * * * Upon
termination of a
delegation, the State
shall, within 90 days from
the date of termination,
assemble all records
specified in subsection
(a), complete all working
paper files in accordance
with Sec. 229.124, and
transfer such records to
the ONRR.
(d) The State shall
maintain complete cost
records for the delegation
in accordance with
generally accepted
accounting principles.
1229.122(a-c)...................... Coordination of audit 1 1 1
activities.
(a) Each State with a
delegation of authority
shall submit annually to
the ONRR an audit workplan
specifically identifying
leases, resources,
companies, and payors
scheduled for audit * * *
A State may request
changes to its workplan *
* * at the end of each
quarter of each fiscal
year. All requested
changes are subject to
approval by the ONRR and
must be submitted in
writing.
(b) When a State plans to
audit leases of a lessee
or royalty payor for which
there is an ONRR or OIG
resident audit team, all
audit activities must be
coordinated through the
ONRR or OIG resident
supervisor..
(c) The State shall consult
with the ONRR and/or OIG
regarding resolution of
any coordination problems
encountered during the
conduct of delegation
activities.
1229.123 (b)(3)(i)................. Standards for audit 1 1 1
activities.
(b)(3) Standards of
reporting. (i) Written
audit reports are to be
submitted to the
appropriate ONRR officials
at the end of each field
examination.
1229.124........................... Documentation standards.... 1 1 1
Every audit performed by a
State under a delegation
of authority must meet
certain documentation
standards. In particular,
detailed workpapers must
be developed and
maintained.
[[Page 5274]]
1229.125(a) and (b)................ Preparation and issuance of 1 1 1
enforcement documents.
(a) Determinations of
additional royalties due
resulting from audit
activities conducted under
a delegation of authority
must be formally
communicated by the State,
to the companies or other
payors by an issue letter
prior to any enforcement
action.
(b) After evaluating the
company or payor's
response to the issue
letter, the State shall
draft a demand letter
which will be submitted
with supporting workpaper
files to the ONRR for
appropriate enforcement
action. Any substantive
revisions to the demand
letter will be discussed
with the State prior to
issuance of the letter.
1229.126(a) and (b)................ Appeals.................... 1 1 1
(a) * * * The State
regulatory authority
shall, upon the request of
the ONRR, provide
competent and
knowledgeable staff for
testimony, as well as any
required documentation and
analyses, in support of
the lessor's position
during the appeal process.
(b) An affected State, upon
the request of the ONRR,
shall provide expert
witnesses from their audit
staff for testimony as
well as required
documentation and analyses
to support the
Department's position
during the litigation of
court cases arising from
denied appeals.
1229.127........................... Reports from States........ 1 1 1
The State, acting under the
authority of the
Secretarial delegation,
shall submit quarterly
reports which will
summarize activities
carried out by the State
during the preceding
quarter of the year under
the provisions of the
delegation.
----------------------------------------------------------------------------------------------------------------
Subtotal Burden for 30 CFR part ........................... .............. 19 19
229.
----------------------------------------------------------------------------
TOTAL BURDEN............... ........................... .............. 466 5,531
----------------------------------------------------------------------------------------------------------------
Estimated Annual Reporting and Recordkeeping ``Non-hour Cost''
Burden: We have identified no ``non-hour cost'' burden associated with
this collection of information.
Public Disclosure Statement: The PRA (44 U.S.C. 3501 et seq.)
provides that an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
Comments: Before submitting an ICR to OMB, PRA section
3506(c)(2)(A) requires each agency to ``* * * provide 60-day notice in
the Federal Register * * * and otherwise consult with members of the
public and affected agencies concerning each proposed collection of
information * * *.'' Agencies must specifically solicit comments to:
(a) Evaluate whether the proposed collection of information is
necessary for the agency to perform its duties, including whether the
information is useful; (b) evaluate the accuracy of the agency's
estimate of the burden of the proposed collection of information; (c)
enhance the quality, usefulness, and clarity of the information to be
collected; and (d) minimize the burden on the respondents, including
the use of automated collection techniques or other forms of
information technology.
The PRA also requires agencies to estimate the total annual
reporting ``non-hour cost'' burden to respondents or recordkeepers
resulting from the collection of information. If you have costs to
generate, maintain, and disclose this information, you should comment
and provide your total capital and startup cost components or annual
operation, maintenance, and purchase of service components. You should
describe the methods you use to estimate major cost factors, including
system and technology acquisition, expected useful life of capital
equipment, discount rate(s), and the period over which you incur costs.
Capital and startup costs include, among other items, computers and
software you purchase to prepare for collecting information;
monitoring, sampling, and testing equipment; and record storage
facilities. Generally, your estimates should not include equipment or
services purchased: (i) Before October 1, 1995; (ii) to comply with
requirements not associated with the information collection; (iii) for
reasons other than to provide information or keep records for the
Government; or (iv) as part of customary and usual business or private
practices.
We will summarize written responses to this notice and address them
in our ICR submission for OMB approval, including appropriate
adjustments to the estimated burden. We will provide a copy of the ICR
to you without charge upon request. We also will post the ICR on our
Web site at https://www.onrr.gov/Laws_R_D/FRNotices/ICR0087.htm.
Public Comment Policy: We will post all comments, including names
and addresses of respondents, at https://www.regulations.gov. Before
including your address, phone number, email address, or other personal
identifying information in your comment, be advised that your entire
comment--including your personal identifying information--may be made
publicly available at any time. While you can ask us in your comment to
withhold from public view your personal identifying
[[Page 5275]]
information, we cannot guarantee that we will be able to do so.
Information Collection Clearance Officer: Laura Dorey (202) 208-
2654.
Dated: January 26, 2012.
Gregory J. Gould,
Director, Office of Natural Resources Revenue.
[FR Doc. 2012-2297 Filed 2-1-12; 8:45 am]
BILLING CODE 4310-T2-P
