Notice of Intent To Establish an Osage Negotiated Rulemaking Committee, 36226-36228 [2012-14868]
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Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules
to prevent lightning strikes from causing
certain parts to contact the airplane pitch
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controllability.
(f) Compliance
You are responsible for having the actions
required by this AD performed within the
compliance times specified, unless the
actions have already been done.
(g) Actions
Within 5,000 flight hours or 48 months
after the effective date of this AD, whichever
occurs first: Install or rework, as applicable,
metallic diverters and aluminum sheets;
modify the lights assembly on the tail boom
rear movable fairing; and replace the hood
assembly with a new hood assembly having
part number (P/N) 145–23046–403 and
reroute its electrical harness. Do all the
actions in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145LEG–55–0013, dated
September 8, 2011 (for Model EMB–135BJ
airplanes); or EMBRAER Service Bulletin
145–55–0030, Revision 05, dated July 29,
2011 (for Model EMB 145 and EMB–135,
except –135BJ, airplanes).
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
(h) Other FAA AD Provisions
The following provisions also apply to this
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(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Branch, send it
to ATTN: Todd Thompson, Aerospace
Engineer, International Branch, ANM–116,
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, Washington
98057–3356; telephone (425) 227–1175; fax
(425) 227–1149. Information may be emailed
to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
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lacking a principal inspector, the manager of
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approval letter must specifically reference
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(2) Airworthy Product: For any
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Corrective actions are considered FAAapproved if they are approved by the State
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(i) Related Information
(1) Refer to MCAI ANAC Airworthiness
Directive 2011–11–01, dated November 30,
2011, and the following service information,
for related information.
(i) EMBRAER Service Bulletin 145LEG–55–
0013, dated September 8, 2011.
(ii) EMBRAER Service Bulletin 145–55–
0030, Revision 05, dated July 29, 2011.
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(2) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro
˜
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of the referenced service information at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on June 8,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–14808 Filed 6–15–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 226
Notice of Intent To Establish an Osage
Negotiated Rulemaking Committee
Bureau of Indian Affairs,
Interior.
ACTION: Notice of intent; request for
comments or nominations.
AGENCY:
The Bureau of Indian Affairs
(BIA) is announcing its intent to
establish an Osage Negotiated
Rulemaking Committee (Committee).
The Committee will develop specific
recommendations to address future
management and administration of the
Osage Mineral Estate, including
potential revisions to the regulations
governing leasing of Osage Reservation
Lands for Oil and Gas Mining, 25 CFR
Part 226. The Committee will include
representatives of parties who would be
affected by a final rule. BIA solicits
comments on this proposal to establish
the Committee and its proposed
membership. BIA also invites anyone
who will be significantly affected by the
proposed rule and believes their
interests will not be adequately
represented by the proposed members
listed below to nominate a member to
the Committee.
DATES: Submit nominations for
Committee members or written
comments on this notice on or before
July 18, 2012.
ADDRESSES: You may submit
nominations to the Committee or
comments on this notice by any of the
following methods:
SUMMARY:
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Sfmt 4702
• Mail comments or nominations to
Mr. Robert Impson, Designated Federal
Officer, Eastern Oklahoma Regional
Office, Bureau of Indian Affairs, 3100
W. Peak Blvd., Muskogee, OK 74401;
(918) 781–4600.
• Hand-carry comments or use an
overnight courier service. Our courier
address is 3100 W. Peak Blvd.,
Muskogee, OK 74401; (918) 781–4600.
• Email comments or nominations to
robert.impson@bia.gov. Include the
words Osage Negotiated Rulemaking in
the subject line.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Impson, Designated Federal
Officer, Eastern Oklahoma Regional
Office, Bureau of Indian Affairs, 3111
W. Peak Blvd., Muskogee, OK 74401;
robert.impson@bia.gov; (918) 781–4600;
(918) 781–4604 (FAX).
SUPPLEMENTARY INFORMATION:
I. Background
On October 14, 2011, the United
States and the Osage Nation (formerly
known as the Osage Tribe) signed a
Settlement Agreement to resolve
litigation regarding alleged
mismanagement of the Osage Nation’s
oil and gas mineral estate, among other
claims. As part of the Settlement
Agreement, the parties agreed that it
would be mutually beneficial ‘‘to
address means of improving the trust
management of the Osage Mineral
Estate, the Osage Tribal Trust Account,
and Other Osage Accounts.’’ Settlement
Agreement, Paragraph 1.i. During
settlement negotiations, it became
apparent that a review of the existing
regulations is necessary to better assist
the BIA in managing the Osage Mineral
Estate. The parties agreed to engage in
a negotiated rulemaking for this
purpose, Settlement Agreement,
Paragraph 9.b.
II. Statutory Authorities
The Negotiated Rulemaking Act of
1996 (NRA) (5 U.S.C. 561 et seq.); the
Federal Advisory Committee Act
(FACA) (5 U.S.C. Appendix 2, section 1
et seq.); the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C.
1701 et seq.); the Act of June 28, 1906,
ch. 3572, 34 Stat. 539, as amended; and
the Leasing of Osage Reservation Lands
for Oil and Gas Mining, 25 CFR part
226.
III. The Committee and Its Process
In a negotiated rulemaking, a report
containing recommendations for the
provisions of the proposed rule is
developed by a committee composed of
representatives of government and the
interests that will be significantly
affected by the rule. Decisions on what
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TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules
to include in the report are made by
consensus.
‘‘Consensus’’ means unanimous
concurrence among the interests
represented on a negotiated rulemaking
committee established under this
subchapter, unless such committee (A)
agrees to define such term to mean a
general but not unanimous concurrence;
or (B) agrees upon another specified
definition. 5 U.S.C. 562(2)(A) and (B).
The negotiated rulemaking process is
initiated by the agency’s identification
of interests potentially affected by the
rulemaking under consideration. By this
notice, BIA is soliciting comments on
this action.
Following receipt of comments, BIA
will establish the Committee. The
Committee will advise the Secretary
through the Bureau of Indian Affairs
(BIA) on a rulemaking to revise 25 CFR
part 226 regarding the future
management and administration of oil
and gas mining leases for Osage
Reservation lands. The Committee will
act solely in an advisory capacity to
BIA. After the Committee produces a
consensus report on the proposed rule,
as discussed in more detail below, BIA
will develop a proposed rule to be
published in the Federal Register.
Under 5 U.S.C. 563, the head of the
agency is required to determine that use
of the negotiated rulemaking procedure
is in the public interest. In making such
a determination, the agency head must
consider seven factors. Taking these
factors into account, BIA has
determined that a negotiated rulemaking
is in the public interest because:
1. A rule is needed. BIA has
determined that in order to avoid future
litigation and to better assist it in
managing and administering the Osage
Mineral Estate, a rule is necessary.
2. A limited number of identifiable
interests will be significantly affected by
the rule. The regulations governing the
Osage Mineral Estate apply only to the
Osage Mineral Estate and the Osage
Agency, and do not have broader
applicability. For this reason, a limited
number of readily identifiable interests
will be significantly affected by the rule.
3. Due to the limited applicability of
the current regulations and the limited
number of interest holders, there is a
reasonable likelihood that BIA can
convene a Committee with a balanced
representation of persons who:
• Can adequately represent the
interests defined in item 2, above; and
• Are willing to negotiate in good
faith to attempt to reach a consensus on
provisions of a proposed rule.
4. There is reasonable likelihood that
the Committee will reach consensus on
a proposed rule within a fixed period of
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time. This is due to the settlement of the
litigation and the desire of the Osage
Nation and the Bureau of Indian Affairs
to avoid further litigation by addressing
and improving management and
administration of the Osage Mineral
Estate as soon as possible.
5. The use of negotiated rulemaking
will not unreasonably delay
development of a proposed rule and the
issuance of a final rule. We anticipate
that negotiation will expedite a
proposed rule and ultimately the
acceptance of a final rule.
6. BIA is committed to ensuring that
the Committee has sufficient resources
to complete its work in a timely fashion.
7. BIA, to the maximum extent
possible and consistent with its legal
obligations, will use the consensus
report of the Committee as the basis for
a proposed rule for public notice and
comment.
IV. Negotiated Rulemaking Procedures
In compliance with FACA and NRA,
BIA will use the following procedures
and guidelines for this negotiated
rulemaking. BIA may modify them in
response to comments received on this
notice or during the negotiation process.
A. Committee Formation
The Committee will be formed and
operate in full compliance with the
requirements of FACA and NRA and
under the guidelines of the Committee’s
charter.
B. Interests Involved
BIA intends to ensure full and
adequate representation of those
interests that are expected to be
significantly affected by the proposed
rule. Under 5 U.S.C. 562(5), ‘‘‘interest’
means with respect to an issue or
matter, multiple parties which have a
similar point of view or which are likely
to be affected in a similar manner.’’ The
regulations governing the Osage Mineral
Estate apply only to the Osage Mineral
Estate and the Osage Agency. For this
reason, BIA believes the membership
described below fully and adequately
represents those interests expected to be
significantly affected by the proposed
rule.
C. Members
The Committee cannot exceed 25
members, and BIA prefers nine
members. The Secretary of the Interior
(Secretary) will provide four members
(two from BIA, one from the Bureau of
Land Management, and one from the
Office of Natural Resources Revenue),
plus a facilitator. Five members have
been chosen by the Osage Minerals
Council. The facilitator will not count
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36227
against the membership and will not be
a voting member.
Osage Representatives
Galen Crum
Joseph Abbott, Jr.
James Andrew Yates
Melvin Core
Curtis Oren Bear
Alternate Osage Representatives
Dudley Whitehorn
Myron Red Eagle
Federal Representatives
Daryl LaCounte, Bureau of Indian
Affairs
Stephen Manydeeds, Office of the
Assistant Secretary—Indian Affairs
Paul Tyler, Office of Natural Resources
Revenue
James Stockbridge, Bureau of Land
Management
Responsibility for expenses is stated
under 5 U.S.C. 568(c) as follows:
Members of a negotiated rulemaking
committee shall be responsible for their own
expenses of participation in such committee,
except that an agency may, in accordance
with section 7(d) of the Federal Advisory
Committee Act, pay for a member’s
reasonable travel and per diem expenses,
expenses to obtain technical assistance, and
a reasonable rate of compensation, if—
(1) Such member certifies a lack of
adequate financial resources to participate in
the committee; and
(2) The agency determines that such
member’s participation in the committee is
necessary to assure an adequate
representation of the member’s interest.
BIA commits to pay the travel and per
diem expenses of Committee members if
appropriate under the NRA and Federal
Travel Regulations.
D. Tentative Schedule
BIA will publish the first meeting date
in a Federal Register notice. The
Committee will determine the dates of
future meetings, notice of which will
then be published in the Federal
Register. At the first meeting, the
Committee will formulate ground rules
for developing consensus and establish
whether there are any issues in addition
to those identified by the Osage Nation
and BIA to be addressed as part of the
negotiated rulemaking. After the
Committee reaches consensus on its
report, BIA will develop a proposed rule
to be published in the Federal Register.
BIA plans to publish a proposed rule
for notice and comment within 30
months of convening the Committee.
The Committee will meet bi-monthly
with the first meeting tentatively
planned for August 2012.
BIA plans to terminate the Committee
if it does not reach consensus on a
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Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules
report within 24 months of the first
meeting. The Committee may end
earlier upon the promulgation of the
final rule, or if either BIA, after
consulting with the Committee, or the
Committee itself, specifies an earlier
termination date.
E. Technical Assistance
BIA will ensure that the Committee
has sufficient administrative and
technical resources to complete its work
in a timely fashion. BIA, with the help
of a facilitator, will prepare all agendas,
provide meeting notes, and provide a
final report of any issues on which the
Committee reaches consensus. BIA will
also obtain space for all meetings.
V. Request for Nominations and
Comments
BIA invites written comments on this
initiative. Additionally, anyone who
will be significantly affected by the
proposed rule and who believes their
interests will not be adequately
represented by the members proposed
above is invited to apply for or
nominate a Committee member as
follows. Each nomination or application
must include:
(1) The name of the applicant or
nominee and a description of the
interests such person shall represent;
(2) Evidence that the applicant or
nominee is authorized to represent
parties related to the interests the
person proposes to represent.
(3) A written commitment that the
applicant or nominee will actively
participate in good faith in the
Committee’s work; and
(4) The reasons that the persons
nominated in this notice above do not
adequately represent the interests of the
person submitting the application or
nomination.
All nominations and written
comments must be sent to an
appropriate address as listed in the
ADDRESSES section of this notice.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Certification
For the above reasons, I hereby certify
that the Osage Negotiated Rulemaking
Committee is in the public interest.
Date June 13, 2012.
Michael Black,
Director, Bureau of Indian Affairs.
[FR Doc. 2012–14868 Filed 6–15–12; 8:45 am]
BILLING CODE 4310–02–P
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–100276–97]
RIN 1545–AU94
Financial Asset Securitization
Investment Trusts
Internal Revenue Service (IRS),
Treasury.
ACTION: Withdrawal of notice of
proposed rulemaking.
AGENCY:
This document withdraws a
notice of proposed rulemaking relating
to financial asset securitization trusts
(FASITs). The FASIT provisions
(sections 860H through 860L) of the
Internal Revenue Code (Code) were
repealed by Public Law 108–357,
effective January 1, 2005, with a limited
exception for existing FASITs.
FOR FURTHER INFORMATION CONTACT:
Julanne Allen at (202) 622–3920 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Section 1621(a) of the Small Business
Job Protection Act of 1996, Public Law
104–188 (110 Stat. 1755 (1996)),
amended the Code by adding part V
(sections 860H through 860L) (the
FASIT provisions) to subchapter M of
chapter 1. Part V, which was effective
September 1, 1997, authorized a
securitization vehicle called a Financial
Asset Securitization Investment Trust
(FASIT). FASITs were meant to
facilitate the securitization of debt
instruments, such as credit card
receivables, home equity loans, and auto
loans.
Proposed regulations providing
guidance with respect to the application
of the FASIT provisions were published
in the Federal Register on February 7,
2000 (65 FR 5807). (Section 1.860E–1(c)
of the proposed regulations, governing
the transfer of non-economic REMIC
residual interests, was finalized on July
18, 2002, in T.D. 9004.) In general, the
proposed regulations pertaining to
FASITs are proposed to be applicable on
the date final regulations are filed with
the Federal Register. The portion of the
proposed regulations containing an antiabuse rule and the portion of the
proposed regulations implementing
special transition rules for securitization
entities in existence on August 31, 1997,
were proposed to apply on February 4,
2000.
The FASIT provisions were repealed
by section 835(a) of the American Jobs
PO 00000
Frm 00035
Fmt 4702
Sfmt 9990
Creation Act of 2004, Public Law 108–
357 (118 Stat. 1418 (2004)), effective
January 1, 2005. During the period of
legislative consideration of the FASIT
provisions and subsequently, other
structures for loan securitizations were
developed. In its discussion of the
reasons for the repeal of the FASIT
provisions, the Ways and Means
Committee stated:
The Committee is aware that FASITs are
not being used widely in the manner
envisioned by the Congress and,
consequently, the FASIT rules have not
served the purposes for which they originally
were intended. Moreover, the Joint
Committee staff’s report [on its investigation
of Enron Corporation and related entities]
and other information indicate that FASITS
are particularly prone to abuse and likely are
being used to facilitate tax avoidance
transactions.
H.R. Rep. No. 108–548, Pt. 1, at 295
(2004) (footnote omitted).
In light of the repeal of the FASIT
provisions and their limited use, the
Treasury Department and the IRS have
decided to withdraw the proposed
regulations.
Drafting Information
The principal authors of this
withdrawal notice are Richard LaFalce
and Julanne Allen of the Office of the
Associate Chief Counsel (Financial
Institutions and Products).
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirement.
Withdrawal of Notice of Proposed
Rulemaking
Accordingly, under the authority of
26 U.S.C. 7805, the notice of proposed
rulemaking (REG–100276–97) published
in the Federal Register on February 7,
2000 (65 FR 5807) is withdrawn.
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2012–14788 Filed 6–15–12; 8:45 am]
BILLING CODE 4830–01–P
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]]>Agencies
[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Proposed Rules]
[Pages 36226-36228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14868]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 226
Notice of Intent To Establish an Osage Negotiated Rulemaking
Committee
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of intent; request for comments or nominations.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) is announcing its intent to
establish an Osage Negotiated Rulemaking Committee (Committee). The
Committee will develop specific recommendations to address future
management and administration of the Osage Mineral Estate, including
potential revisions to the regulations governing leasing of Osage
Reservation Lands for Oil and Gas Mining, 25 CFR Part 226. The
Committee will include representatives of parties who would be affected
by a final rule. BIA solicits comments on this proposal to establish
the Committee and its proposed membership. BIA also invites anyone who
will be significantly affected by the proposed rule and believes their
interests will not be adequately represented by the proposed members
listed below to nominate a member to the Committee.
DATES: Submit nominations for Committee members or written comments on
this notice on or before July 18, 2012.
ADDRESSES: You may submit nominations to the Committee or comments on
this notice by any of the following methods:
Mail comments or nominations to Mr. Robert Impson,
Designated Federal Officer, Eastern Oklahoma Regional Office, Bureau of
Indian Affairs, 3100 W. Peak Blvd., Muskogee, OK 74401; (918) 781-4600.
Hand-carry comments or use an overnight courier service.
Our courier address is 3100 W. Peak Blvd., Muskogee, OK 74401; (918)
781-4600.
Email comments or nominations to robert.impson@bia.gov.
Include the words Osage Negotiated Rulemaking in the subject line.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Impson, Designated Federal
Officer, Eastern Oklahoma Regional Office, Bureau of Indian Affairs,
3111 W. Peak Blvd., Muskogee, OK 74401; robert.impson@bia.gov; (918)
781-4600; (918) 781-4604 (FAX).
SUPPLEMENTARY INFORMATION:
I. Background
On October 14, 2011, the United States and the Osage Nation
(formerly known as the Osage Tribe) signed a Settlement Agreement to
resolve litigation regarding alleged mismanagement of the Osage
Nation's oil and gas mineral estate, among other claims. As part of the
Settlement Agreement, the parties agreed that it would be mutually
beneficial ``to address means of improving the trust management of the
Osage Mineral Estate, the Osage Tribal Trust Account, and Other Osage
Accounts.'' Settlement Agreement, Paragraph 1.i. During settlement
negotiations, it became apparent that a review of the existing
regulations is necessary to better assist the BIA in managing the Osage
Mineral Estate. The parties agreed to engage in a negotiated rulemaking
for this purpose, Settlement Agreement, Paragraph 9.b.
II. Statutory Authorities
The Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561 et seq.);
the Federal Advisory Committee Act (FACA) (5 U.S.C. Appendix 2, section
1 et seq.); the Federal Oil and Gas Royalty Management Act of 1982 (30
U.S.C. 1701 et seq.); the Act of June 28, 1906, ch. 3572, 34 Stat. 539,
as amended; and the Leasing of Osage Reservation Lands for Oil and Gas
Mining, 25 CFR part 226.
III. The Committee and Its Process
In a negotiated rulemaking, a report containing recommendations for
the provisions of the proposed rule is developed by a committee
composed of representatives of government and the interests that will
be significantly affected by the rule. Decisions on what
[[Page 36227]]
to include in the report are made by consensus.
``Consensus'' means unanimous concurrence among the interests
represented on a negotiated rulemaking committee established under this
subchapter, unless such committee (A) agrees to define such term to
mean a general but not unanimous concurrence; or (B) agrees upon
another specified definition. 5 U.S.C. 562(2)(A) and (B).
The negotiated rulemaking process is initiated by the agency's
identification of interests potentially affected by the rulemaking
under consideration. By this notice, BIA is soliciting comments on this
action.
Following receipt of comments, BIA will establish the Committee.
The Committee will advise the Secretary through the Bureau of Indian
Affairs (BIA) on a rulemaking to revise 25 CFR part 226 regarding the
future management and administration of oil and gas mining leases for
Osage Reservation lands. The Committee will act solely in an advisory
capacity to BIA. After the Committee produces a consensus report on the
proposed rule, as discussed in more detail below, BIA will develop a
proposed rule to be published in the Federal Register.
Under 5 U.S.C. 563, the head of the agency is required to determine
that use of the negotiated rulemaking procedure is in the public
interest. In making such a determination, the agency head must consider
seven factors. Taking these factors into account, BIA has determined
that a negotiated rulemaking is in the public interest because:
1. A rule is needed. BIA has determined that in order to avoid
future litigation and to better assist it in managing and administering
the Osage Mineral Estate, a rule is necessary.
2. A limited number of identifiable interests will be significantly
affected by the rule. The regulations governing the Osage Mineral
Estate apply only to the Osage Mineral Estate and the Osage Agency, and
do not have broader applicability. For this reason, a limited number of
readily identifiable interests will be significantly affected by the
rule.
3. Due to the limited applicability of the current regulations and
the limited number of interest holders, there is a reasonable
likelihood that BIA can convene a Committee with a balanced
representation of persons who:
Can adequately represent the interests defined in item 2,
above; and
Are willing to negotiate in good faith to attempt to reach
a consensus on provisions of a proposed rule.
4. There is reasonable likelihood that the Committee will reach
consensus on a proposed rule within a fixed period of time. This is due
to the settlement of the litigation and the desire of the Osage Nation
and the Bureau of Indian Affairs to avoid further litigation by
addressing and improving management and administration of the Osage
Mineral Estate as soon as possible.
5. The use of negotiated rulemaking will not unreasonably delay
development of a proposed rule and the issuance of a final rule. We
anticipate that negotiation will expedite a proposed rule and
ultimately the acceptance of a final rule.
6. BIA is committed to ensuring that the Committee has sufficient
resources to complete its work in a timely fashion.
7. BIA, to the maximum extent possible and consistent with its
legal obligations, will use the consensus report of the Committee as
the basis for a proposed rule for public notice and comment.
IV. Negotiated Rulemaking Procedures
In compliance with FACA and NRA, BIA will use the following
procedures and guidelines for this negotiated rulemaking. BIA may
modify them in response to comments received on this notice or during
the negotiation process.
A. Committee Formation
The Committee will be formed and operate in full compliance with
the requirements of FACA and NRA and under the guidelines of the
Committee's charter.
B. Interests Involved
BIA intends to ensure full and adequate representation of those
interests that are expected to be significantly affected by the
proposed rule. Under 5 U.S.C. 562(5), ```interest' means with respect
to an issue or matter, multiple parties which have a similar point of
view or which are likely to be affected in a similar manner.'' The
regulations governing the Osage Mineral Estate apply only to the Osage
Mineral Estate and the Osage Agency. For this reason, BIA believes the
membership described below fully and adequately represents those
interests expected to be significantly affected by the proposed rule.
C. Members
The Committee cannot exceed 25 members, and BIA prefers nine
members. The Secretary of the Interior (Secretary) will provide four
members (two from BIA, one from the Bureau of Land Management, and one
from the Office of Natural Resources Revenue), plus a facilitator. Five
members have been chosen by the Osage Minerals Council. The facilitator
will not count against the membership and will not be a voting member.
Osage Representatives
Galen Crum
Joseph Abbott, Jr.
James Andrew Yates
Melvin Core
Curtis Oren Bear
Alternate Osage Representatives
Dudley Whitehorn
Myron Red Eagle
Federal Representatives
Daryl LaCounte, Bureau of Indian Affairs
Stephen Manydeeds, Office of the Assistant Secretary--Indian Affairs
Paul Tyler, Office of Natural Resources Revenue
James Stockbridge, Bureau of Land Management
Responsibility for expenses is stated under 5 U.S.C. 568(c) as
follows:
Members of a negotiated rulemaking committee shall be
responsible for their own expenses of participation in such
committee, except that an agency may, in accordance with section
7(d) of the Federal Advisory Committee Act, pay for a member's
reasonable travel and per diem expenses, expenses to obtain
technical assistance, and a reasonable rate of compensation, if--
(1) Such member certifies a lack of adequate financial resources
to participate in the committee; and
(2) The agency determines that such member's participation in
the committee is necessary to assure an adequate representation of
the member's interest.
BIA commits to pay the travel and per diem expenses of Committee
members if appropriate under the NRA and Federal Travel Regulations.
D. Tentative Schedule
BIA will publish the first meeting date in a Federal Register
notice. The Committee will determine the dates of future meetings,
notice of which will then be published in the Federal Register. At the
first meeting, the Committee will formulate ground rules for developing
consensus and establish whether there are any issues in addition to
those identified by the Osage Nation and BIA to be addressed as part of
the negotiated rulemaking. After the Committee reaches consensus on its
report, BIA will develop a proposed rule to be published in the Federal
Register.
BIA plans to publish a proposed rule for notice and comment within
30 months of convening the Committee. The Committee will meet bi-
monthly with the first meeting tentatively planned for August 2012.
BIA plans to terminate the Committee if it does not reach consensus
on a
[[Page 36228]]
report within 24 months of the first meeting. The Committee may end
earlier upon the promulgation of the final rule, or if either BIA,
after consulting with the Committee, or the Committee itself, specifies
an earlier termination date.
E. Technical Assistance
BIA will ensure that the Committee has sufficient administrative
and technical resources to complete its work in a timely fashion. BIA,
with the help of a facilitator, will prepare all agendas, provide
meeting notes, and provide a final report of any issues on which the
Committee reaches consensus. BIA will also obtain space for all
meetings.
V. Request for Nominations and Comments
BIA invites written comments on this initiative. Additionally,
anyone who will be significantly affected by the proposed rule and who
believes their interests will not be adequately represented by the
members proposed above is invited to apply for or nominate a Committee
member as follows. Each nomination or application must include:
(1) The name of the applicant or nominee and a description of the
interests such person shall represent;
(2) Evidence that the applicant or nominee is authorized to
represent parties related to the interests the person proposes to
represent.
(3) A written commitment that the applicant or nominee will
actively participate in good faith in the Committee's work; and
(4) The reasons that the persons nominated in this notice above do
not adequately represent the interests of the person submitting the
application or nomination.
All nominations and written comments must be sent to an appropriate
address as listed in the ADDRESSES section of this notice.
Certification
For the above reasons, I hereby certify that the Osage Negotiated
Rulemaking Committee is in the public interest.
Date June 13, 2012.
Michael Black,
Director, Bureau of Indian Affairs.
[FR Doc. 2012-14868 Filed 6-15-12; 8:45 am]
BILLING CODE 4310-02-P
