0003-60 Day-77-FR 5268_2-2-12

1012-0003 - 60 Day-77 FR 5268 - 2-2-12.pdf

30 CFR parts 1227, 1228, and 1229, Delegated and Cooperative Activities with States and Indian Tribes

0003-60 Day-77-FR 5268_2-2-12

OMB: 1012-0003

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5268

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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17:04 Feb 01, 2012

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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 http://
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 [email protected]. 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 http://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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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
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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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
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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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
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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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
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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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR Section

Reporting and recordkeeping requirements

1229.109(b) .............................

(b) The State shall submit a voucher for reimbursement of
costs incurred within 30 days of the end of each calendar
quarter.

Hour burden
per response

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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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR Section

Reporting and recordkeeping requirements

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.

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TOTAL BURDEN ......

17:04 Feb 01, 2012

Number of
annual
responses

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

VerDate Mar<15>2010

Hour burden
per response

Jkt 226001

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 http://www.onrr.gov/
Laws_R_D/FRNotices/ICR0087.htm.
Public Comment Policy: We will post
all comments, including names and
addresses of respondents, at http://
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

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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 http://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 (http://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at http://edis.usitc.gov. 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

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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

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extent permitted by section 201.8 of the
rules (see Handbook for Electronic
Filing Procedures, http://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:

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