Publised 30-Day Notice

86 FR 64523 - Published 11.18.2021.pdf

30 CFR Parts 1202, 1206, and 1207, Indian Oil and Gas Valuation

Publised 30-Day Notice

OMB: 1012-0002

Document [pdf]
Download: pdf | pdf
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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices
prepared a draft low-effect screening
form and environmental action
statement (CatEx) in accordance with
the National Environmental Policy Act
to evaluate the potential effects to the
natural and human environment
resulting from issuing an ITP to the
applicant. We invite public comment on
these documents.
DATES: Written comments should be
received on or before December 20,
2021.
ADDRESSES:
Obtaining Documents: You may
download a copy of the draft HCP and
draft CatEx at http://www.fws.gov/
ventura/, or you may request copies of
the documents by U.S. mail (below) or
by phone (see FOR FURTHER INFORMATION
CONTACT).
Submitting Written Comments: Please
send us your written comments using
one of the following methods:
• U.S. Mail: Stephen P. Henry, Field
Supervisor, Ventura Fish and Wildlife
Office, U.S. Fish and Wildlife Service,
2493 Portola Road, Suite B, Ventura, CA
93003.
• Email: [email protected].
FOR FURTHER INFORMATION CONTACT:
Mark Ogonowski, Senior Fish and
Wildlife Biologist, by email (see
ADDRESSES), via phone at (805) 677–
3350, via the Federal Relay Service at 1–
800–877–8339 for TTY assistance, or by
mail (see ADDRESSES).
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service,
announce the availability of a draft HCP
and draft CatEx for activities associated
with an application for an ITP under
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The ITP would
authorize take of the Central California
distinct population segment (DPS) of the
California tiger salamander (Ambystoma
californiense) incidental to activities
associated with the subdivision of two
adjoining parcels and construction of
residential housing over a 23.5-acre
project site adjacent to the City of
Hollister in San Benito County,
California. The site would be fully
developed with single- and multi-family
housing, rights of way for streets and
utilities, and public open space lots.
The applicant developed the draft HCP
as part of their application for an ITP.
The Service prepared a draft CatEx in
accordance with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) to
evaluate the potential effects to the
natural and human environment
resulting from issuing an ITP to the
applicant. We invite public comment on
all of these documents.

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Background
The Service listed the Central
California DPS of the California tiger
salamander as threatened on August 4,
2004 (69 FR 47212). Section 9 of the
ESA prohibits ‘‘take’’ of fish and
wildlife species listed as endangered (16
U.S.C. 1538), where take is defined to
include the following activities: ‘‘to
harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct’’ (16 U.S.C. 1532). The take
prohibitions of Section 9 are extended
to species listed as threatened at the
discretion the Secretary of the
Department of the Interior.
Under section 10(a)(1)(B) of the ESA
(16 U.S.C. 1539(a)(1)(B)), we may issue
permits to authorize take of listed fish
and wildlife species that is incidental
to, and not the purpose of, carrying out
an otherwise lawful activity.
Regulations governing incidental take
permits for threatened species are in the
Code of Federal Regulations (CFR) at 50
CFR 17.32. Issuance of an ITP also must
not jeopardize the existence of federally
listed fish, wildlife, or plant species,
pursuant to section 7 of the ESA and 50
CFR 402.02. The permittee would
receive assurances under our ‘‘No
Surprises’’ regulations (50 CFR
17.32(b)(5)).
The Service designated critical habitat
for the Central California DPS of the
California tiger salamander on August
23, 2005 (70 CFR 49380). The project
site encompasses 2.3 acres of California
tiger salamander critical habitat unit EB
15A, representing approximately .09
percent of this unit and .001 percent of
critical habitat designated for the
species rangewide. The area of critical
habitat overlapping the project site is
fragmented from the remainder of unit
EB 15A by Fairview Road, which is
moderately trafficked.
The applicant has applied for a permit
for incidental take of the Central
California DPS of the California tiger
salamander. The take would occur in
association with the construction of
residential housing over a 23.5-acre
project site adjacent to the City of
Hollister in San Benito County,
California.
The HCP includes avoidance and
minimization measures for the Central
California DPS of the California tiger
salamander and mitigation for
unavoidable loss of habitat. As
mitigation, the applicant proposes to
purchase credits from a Serviceapproved conservation bank. The
Service in collaboration with the

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applicant determined the required
mitigation using a habitat model based
on the methodology in Calculating
Biologically Accurate Mitigation Credits:
Insights from the California tiger
Salamander (Searcy and Shaffer 2008).
The method assigns a value to habitat
that scales with the reproductive value
of the individuals estimated to be
occupying an area, which is a function
of (1) distance to each known or
potential breeding pond within
dispersal distance of the site, and (2)
surrounding land-use. A mitigation ratio
of 1:1 (reproductive value lost:
Reproductive value conserved) is then
applied to determine the amount of
mitigation required to offset impacts to
California tiger salamander habitat
based on the per-credit habitat value of
mitigation credits at the chosen
conservation bank.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware 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 your personal identifying
information from public view, we
cannot guarantee that we will be able to
do so.
Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.32) and NEPA (42 U.S.C. 4321
et seq.) and its implementing
regulations (40 CFR 1506.6).
Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife
Office, Ventura, California.
[FR Doc. 2021–25120 Filed 11–17–21; 8:45 am]
BILLING CODE 4333–15–P

Proposed Activities

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DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0021; DS63644000
DRT000000.CH7000 223D1113RT, OMB
Control Number 1012–0002]

Agency Information Collection
Activities: Indian Oil and Gas Valuation
Office of Natural Resources
Revenue (‘‘ONRR’’), Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), ONRR is proposing to renew

SUMMARY:

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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices

an information collection. Through this
Information Collection Request (‘‘ICR’’),
ONRR seeks renewed authority to
collect information for the collection,
verification, and disbursement of oil
and gas royalties owed to Indian lessors.
ONRR uses forms ONRR–4109, ONRR–
4110, ONRR–4295, ONRR–4393, ONRR–
4410, and ONRR–4411 as part of these
information collection requirements.
DATES: Interested persons are invited to
submit written comments on or before
December 20, 2021.
ADDRESSES: All comment submissions
must (1) reference ‘‘OMB Control
Number 1012–0002’’ in the subject line;
(2) be sent to ONRR before the close of
the comment period listed under DATES;
and (3) be sent through one of the
following two methods:
• Electronically via the Federal
eRulemaking Portal: Please visit https://
www.regulations.gov. In the Search Box,
enter the Docket ID Number for this ICR
renewal (‘‘ONRR–2011–0021’’) to locate
the document and click the ‘‘Comment
Now!’’ button. Follow the prompts to
submit your comment prior to the close
of the comment period.
• Email Submissions: Please email
your comments to ONRR_
[email protected] with the
Control Number (‘‘OMB Control
Number 1012–0002’’) listed in the
subject line of your email. Email
submissions must be postmarked on or
before the close of the comment period.
Docket: To access the docket to view
ICR publications in the Federal
Register, go to https://
www.regulations.gov and search
‘‘ONRR–2011–0021.’’ The docket will
display renewal notices recently
published in the Federal Register,
publications associated with prior
renewals, and applicable public
comments received for this ICR.
OMB ICR Data: You may also view
information collection review data for
this ICR, including past OMB approvals,
at https://www.reginfo.gov/public/do/
PRASearch. Under the ‘‘OMB Control
Number’’ heading enter ‘‘1012–0002’’
and click the ‘‘Search’’ button located at
the bottom of the page. To view the ICR
renewal or OMB approval status, click
on the most recent entry. On the ‘‘View
ICR—OIRA Conclusion’’ page, check the
box next to ‘‘All’’ to display all available
ICR information provided by OMB.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, please contact Linda Miller,
Reference & Reporting Management,
ONRR, by telephone (303) 231–3626, or
by email to [email protected].
Individuals who are hearing or speech
impaired may call the Federal Relay

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Service at 1–800–877–8339 for TTY
assistance.
Pursuant
to the PRA, 44 U.S.C. 3501, et seq., and
5 CFR 1320.5, all information
collections, as defined in 5 CFR 1320.3,
require approval by OMB. ONRR may
not conduct or sponsor and you are not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
As part of its continuing effort to
reduce paperwork and respondent
burdens, ONRR is inviting the public
and other Federal agencies to comment
on new, proposed, revised, and
continuing collections of information in
accordance with the PRA and 5 CFR
1320.8(d)(1). This helps ONRR to assess
the impact of its information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand ONRR’s information
collection requirements and provide the
requested data in the desired format.
ONRR is especially interested in
public comments addressing the
following:
(1) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) The accuracy of ONRR’s estimate
of the burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
ONRR published a notice, with a 60day public comment period soliciting
comments on this collection of
information, in the Federal Register on
April 21, 2021 (86 FR 20708). ONRR
received seven comments from
companies regarding the 60-Day Notice.
Two commenters stated their general
agreement with the contents of the ICR.
A third commenter stated that the
company had recently issued its first
Indian royalty payment in February and
it is still getting familiar with ONRR’s
reporting and payments processes. A
fourth commenter stated that the
company did not have any feedback in
response to the 60-Day Notice. Three
other commenters declined to provide
any comments.

SUPPLEMENTARY INFORMATION:

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Comments that you submit in
response to this 30-Day Notice are a
matter of public record. ONRR will
include or summarize each comment in
its request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying in formation—may
be made publicly available at any time.
While you can ask ONRR in your
comment to withhold information from
public review, ONRR cannot guarantee
that it will be able to do so.
Abstract: (a) General Information:
ONRR collects, accounts for, and
verifies natural resource and energy
revenues due to states, American
Indians, and the U.S. Treasury. See U.S.
Department of the Interior Departmental
Manual, 112 DM 34.3 (Sept. 9, 2020).
ONRR collects various information for
this purpose. The information
collections that ONRR covers in this ICR
are found at 30 CFR part 1202, subparts
C and J, which pertain to Indian oil and
gas royalties; part 1206, subparts B and
E, which govern the valuation of oil and
gas produced from leases on Indian
lands; and part 1207, which pertains to
recordkeeping. These records are
essential to ensure that Indian Tribes
and individual Indian mineral owners
receive all royalties and other revenues
owed on the minerals removed from
their lands. All data reported is subject
to subsequent audit and adjustment.
(b) Information Collections: This ICR
covers the paperwork requirements
under 30 CFR parts 1202, 1206, and
1207 as follows:
(1) Indian Oil: Regulations at 30 CFR
part 1206, subpart B, govern the
valuation for royalty purposes of oil
produced from Indian oil and gas leases
(Tribal and allotted). These regulations
require a lessee to file form ONRR–4110,
Oil Transportation Allowance Report,
when its oil transportation allowance
includes costs incurred under nonarm’s-length or no-contract
transportation situations. ONRR and
Tribal audit personnel use the
information collected on this form to
help verify that the lessee correctly
reported its transportation allowance
within regulatory allowance limitations
and reported and paid the correct
amount of royalties.
(2) Indian Gas: Regulations at 30 CFR
part 1206, subpart E, govern the
valuation for royalty purposes of natural
gas produced from Indian oil and gas
leases (Tribal and allotted). These
regulations require reporting on ONRR
forms 4109, 4295, 4410, and 4411 as
follows:

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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices
• A lessee must file form ONRR–
4109, Gas Processing Allowance Report,
when its processing allowance includes
costs incurred under non-arm’s-length
or no-contract processing situations.
ONRR and Tribal audit personnel use
the information collected on this form to
verify that the lessee correctly reported
its processing allowance within
regulatory allowance limitations and
reported and paid the correct amount of
royalties.
• A lessee must file form ONRR–
4295, Gas Transportation Allowance
Report, when its gas transportation
allowance includes costs incurred under
non-arm’s-length or no-contract
transportation situations. ONRR and
Tribal audit personnel use the
information collected on this form to
verify that a lessee correctly reported its
transportation allowance within
regulatory allowance limitations and
reported and paid the correct amount of
royalties.
• A lessee must file form ONRR–
4410, Accounting for Comparison [Dual
Accounting], to certify for an Indian oil
and gas lease when dual accounting is
not required (part A) or to make an
election for actual dual accounting as
defined in 30 CFR 1206.176 or
alternative dual accounting as defined
in 30 CFR 1206.173 when dual
accounting is required (part B).
• A lessee uses form ONRR–4411,
Safety Net Report, when it sells gas
production from an Indian oil or gas
lease in an ONRR-designated index zone
beyond the first index pricing point.
The safety net calculation establishes
the minimum value, for royalty
purposes, of natural gas production
from Indian oil and gas leases. This
reporting requirement helps ensure that
Indian lessors receive all royalties due
and aids ONRR compliance efforts.
(3) Indian Oil and Gas: Regulations at
30 CFR 1206.56(b)(2) and 1206.177(c)(2)
and (c)(3) allow a lessee to submit form
ONRR–4393, Request to Exceed
Regulatory Allowance Limitation, to
request to exceed the 50-percent-ofroyalty-value-transportation-allowance
limitation for Indian oil and gas leases.
This form and other documentation
required by the regulations provide
ONRR with data necessary to approve or
deny the request.
The requirement to report is
mandatory for form ONRR–4410,
Accounting for Comparison [Dual
Accounting], and for form ONRR–4411,
Safety Net Report, when applicable. A
lessee uses ONRR forms 4109, 4110,
4295, and 4393 in order to obtain the
benefit of a transportation or processing
allowance.

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Title of Collection: Indian Oil and Gas
Valuation, 30 CFR parts 1202, 1206, and
1207.
OMB Control Number: 1012–0002.
Bureau Form Numbers: Forms ONRR–
4109, ONRR–4110, ONRR–4295, ONRR–
4393, ONRR–4410, and ONRR–4411.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Businesses.
Total Estimated Number of Annual
Respondents: 146 Indian lessees.
Total Estimated Number of Annual
Responses: 146.
Estimated Completion Time per
Response: 8.85 hours.
Total Estimated Number of Annual
Burden Hours: 1,299 hours.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: Annual and
on occasion.
Total Estimated Annual Non-Hour
Burden Cost: ONRR identified no ‘‘nonhour cost’’ burden associated with this
collection of information.
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.
The authority for this action is the
PRA (44 U.S.C. 3501, et seq.).
Kimbra G. Davis,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2021–24341 Filed 11–17–21; 8:45 am]
BILLING CODE 4335–30–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1218]

Certain Variable Speed Wind Turbine
Generators and Components Thereof;
Commission Determination To Review
in Part a Final Initial Determination
Finding a Violation of Section 337 as
to One Patent and No Violation as to
Another Patent; Schedule for Filing
Written Submissions on Remedy, the
Public Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part a final initial determination
(‘‘Final ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’)
finding a violation of section 337 of the
Tariff Act of 1930. The Commission
requests briefing from the parties,

SUMMARY:

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64525

interested government agencies, and
interested persons on the issues of
remedy, the public interest, and
bonding based on the schedule set forth
below.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5468. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at http://edis.usitc.gov. For help
accessing EDIS, please email
[email protected]. General
information concerning the Commission
may also be obtained by accessing its
internet server (http://www.usitc.gov).
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: On
September 8, 2020, the Commission
instituted this investigation based on a
complaint filed on behalf of General
Electric Company of Boston,
Massachusetts (‘‘GE’’). 85 FR 55492–93
(Sept. 8, 2020). The complaint alleged
violations of section 337 of the Tariff
Act of 1930, as supplemented and
amended, 19 U.S.C. 1337, based upon
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain variable speed
wind turbine generators and
components thereof by reason of
infringement of one or more of claims 1,
3, 6, 7, 12, 15–16, 21–24, 29, 30, and 33–
38 of U.S. Patent No. 6,921,985 (‘‘the
’985 patent’’) and claims 1 and 2 of the
U.S. Patent No. 7,629,705 (‘‘the ’705
patent’’). Id. at 55493; Order No. 10
(Dec. 2, 2020), unreviewed by Comm’n
Notice (Dec. 22, 2020). Id. The
Commission’s notice of investigation
named as respondents Siemens Gamesa
Renewable Energy Inc. of Orlando,
Florida; Siemens Gamesa Renewable
Energy A/S of Brande, Denmark; and
Gamesa Electric, S.A.U. of Zamudio,
Spain (collectively, ‘‘SGRE’’). Id. at
26493; 85 FR 55493. The Office of
Unfair Import Investigations is not a
party to the investigation. Id.
The Commission subsequently
terminated the investigation with
respect to claims 3, 7, 15, 16, 21–24, 36,
and 38 of the ’985 patent and claim 2
of the ’705 patent based on GE’s partial
withdrawal of the complaint. Order No.
20 (Mar. 30, 2021), unreviewed by
Comm’n Notice (Apr. 15, 2021)
(terminating the investigation with

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