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Code · REGISTER · 2007-10-17 · Bureau of Land Management, Interior · Notices

Notices. Combined Resource Advisory Council Meeting

15,098 words·~69 min read·/register/2007/10/17/07-5126

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4310-JB-M DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-910-08-0777XX] Notice of Public Meeting: Sierra Front-Northwestern Great Basin Resource Advisory Council, Northeastern Great Basin Resource Advisory Council, and Mojave-Southern Great Basin Resource Advisory Council AGENCY: Bureau of Land Management, Interior. ACTION: Combined Resource Advisory Council Meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972 (FACA), the Department of the Interior, Bureau of Land Management
(BLM)Nevada Resource Advisory Councils meeting will be held as indicated below. DATES: The three councils will meet on Thursday, November 15, 2007, from 8 a.m. to 5 p.m., and Friday, November 16, 2007, from 8 a.m. to 2 p.m., at the Gold Dust West Hotel-Casino, 2171 Highway 50 East, Carson City, Nevada. FOR FURTHER INFORMATION CONTACT: Doran Sanchez, Chief, Office of Communications, BLM Nevada State Office, 1340 Financial Blvd., Reno, NV, 89502, telephone
(775)861-6586. SUPPLEMENTARY INFORMATION: The 15-member Councils advise the Secretary of the Interior, through the BLM, on a variety of planning and management issues associated with public land management in Nevada. On Thursday, November 15, agenda topics include an overview of BLM Nevada and fiscal year 2008 priorities for various programs including resources, land, planning, minerals, renewable energy, geothermal program, and law enforcement; an update on Round 9 funding through the Southern Nevada Public Land Management Act; and grazing permit renewals. A wildfire management panel discussion will include representatives from the offices of Senator Reid and Senator Ensign, the BLM State Director, the Humboldt-Toiyable National Forest Supervisor and the Nevada Division of Forestry. On Friday, November 16, the three Resource Advisory Councils
(RACs)will hold individual meetings to elect officers, establish agendas and meeting dates for 2008 and other business as necessary. The RACs will reconvene for a joint session with a report from each RAC. An agenda is available at *http://www.blm.gov/nv/.* All meetings are open to the public. The public may present written comments to the three RAC groups or the individual RACs. The public comment period for the Council meeting will be at 3 p.m. on Thursday, November 15. Individuals who plan to attend and need further information about the meeting or need special assistance such as sign language interpretation or other reasonable accommodations, may contact Nancy Thompson at the BLM Nevada State Office,
(775)861-6586 or *nancy_thompson@nv.blm.gov* . Dated: October 10, 2007. Ron Wenker, State Director, Nevada. [FR Doc. E7-20498 Filed 10-16-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ES-960-1430-ET; WIES-051517, WIES-011233, WIES-050198] Public Land Order No. 7681; Revocation of the Withdrawal Established by Executive Orders Dated December 11, 1848 and May 28, 1858; Withdrawal and Transfer of Jurisdiction; Wisconsin AGENCY: Bureau of Land Management, Interior. ACTION: Public Land Order. SUMMARY: This order revokes two withdrawals established by Executive Orders in their entirety as to approximately 328.70 acres of public lands withdrawn from surface entry and reserved for use by the United States Coast Guard for Plum and Pilot Island Light Stations in Door County, Wisconsin. This order also transfers administrative jurisdiction of the lands from the United States Coast Guard to the United States Fish and Wildlife Service, and withdraws the lands from surface entry for a period of 50 years for inclusion in the Green Bay National Wildlife Refuge. DATES: *Effective Date:* October 17, 2007. FOR FURTHER INFORMATION CONTACT: Ida Doup, BLM—Eastern States, 7450 Boston Boulevard, Springfield, Virginia 22153, 703-440-1541. SUPPLEMENTARY INFORMATION: The reservation is no longer needed by the United States Coast Guard for lighthouse purposes. Administrative jurisdiction is being transferred to the United States Fish and Wildlife Service to protect native and migratory bird habitat and endangered species habitat within the Great Lakes Basin ecosystem. Order By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (2000), it is ordered as follows: 1. The withdrawals established by Executive Orders dated December 11, 1848 and May 28, 1858, which withdrew approximately 328.70 acres of public lands known as Plum and Pilot Islands, from surface entry and reserved them for use by the United States Coast Guard for lighthouse purposes, are hereby revoked in their entirety as to the following described lands: Fourth Principal Meridian Plum Island (325 Acres) T. 33 N., R. 29 E., Sec. 26, lots 1 and 2; Sec. 27, lots 1, 2, and 3. Pilot Island (3.7 Acres) T. 33 N., R. 29 E., Sec. 1, NE 1/4 NW 1/4 . The areas described aggregate approximately 328.70 acres in Door County. 2. Subject to valid existing rights, the lands described in Paragraph 1 are hereby withdrawn from settlement, sale, location or entry under the general land laws, but not the mineral leasing laws, and administrative jurisdiction is transferred from the United States Coast Guard to the United States Fish and Wildlife Service to be managed as part of the National Wildlife Refuge System and shall thereafter be subject to all laws and regulations applicable to a wildlife refuge. 3. The United States Coast Guard and its officers, agents, employees, contractors, and subcontractors, will have the unrestricted right of access to enter the land described in this order for the purpose of maintaining the aid to navigation and associated equipment, making any changes necessary for navigational purposes, and preserving an Arc of Visibility. The United States Fish and Wildlife Service may not interfere or allow interference with any navigational aid in use on the land without written permission from the United States Coast Guard. 4. The transfer of jurisdiction for the lands described in this order is subject to the conditions and limitations of case closure for Plum and Pilot Islands as determined by the Wisconsin Department of Natural Resources in accordance with Wisconsin Administrative Code section NR 726.05, and as specified in the Wisconsin Department of Natural Resources site closure letters for Plum Island and Pilot Island dated August 30, 2006. 5. This withdrawal will expire 50 years from the effective date of this order unless, pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) (2000), the Secretary determines that the withdrawal shall be extended. Dated: September 28, 2007. C. Stephen Allred, Assistant Secretary—Land and Minerals Management. [FR Doc. E7-20476 Filed 10-16-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Minerals Management Service Agency Information Collection Activities: Submitted for Office of Management and Budget
(OMB)Review; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of a revision of a currently approved information collection (OMB Control Number 1010-0120). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request
(ICR)to renew approval of the paperwork requirements in the regulations under 30 CFR parts 202, 206, 210, 212, 217, and 218. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. We changed the title of this ICR to reflect OMB consolidation approval of solid mineral and geothermal ICRs. Those ICRs were titled: • 1010-0074: 30 CFR Part 206—Product Valuation, Subpart J—Indian Coal (Forms MMS-4292, Coal Washing Allowance Report, and MMS-4293, Coal Transportation Allowance Report); • 1010-0120: 30 CFR Part 206, Subpart F—Federal Coal and Subpart J—Indian Coal; Part 210, Subpart B—Oil, Gas, and OCS Sulfur—General, Subpart E—Solid Minerals, General, Subpart H—Geothermal Resources; Part 218, Subpart B—Oil and Gas, General, Subpart E—Solid Minerals—General (Form MMS-4430, Solid Minerals Production and Royalty Report); and • 1010-0169: 30 CFR Parts 202, 206, 210, 217, and 218—Valuation of Geothermal Resources. The title of this ICR is “30 CFR 202, 206, 210, 212, 217, and 218—Solid Minerals and Geothermal Collections.” Forms associated with this information collection are Forms MMS-4430, Solid Minerals Production and Royalty Report; MMS-4292, Coal Washing Allowance Report; and MMS-4293, Coal Transportation Allowance Report. DATES: Submit written comments on or before *November 16, 2007* . ADDRESSES: Submit written comments by either FAX
(202)395-6566 or e-mail *(OIRA_Docket@omb.eop.gov* ) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (OMB Control Number 1010-0120). Please also send a copy of your comments to MMS via e-mail at *mrm.comments@mms.gov* . Include the title of the information collection and the OMB control number in the “Attention” line of your comment. Also include your name and return address. If you do not receive a confirmation that we have received your e-mail, contact Ms. Gebhardt at
(303)231-3211. You may also mail a copy of your comments to Sharron L. Gebhardt, Lead Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an overnight courier service or wish to hand-deliver your comments, our courier address is Building 85, Room A-614, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone
(303)231-3211, fax
(303)231-3781, e-mail *Sharron.Gebhardt@mms.gov* . You may also contact Sharron Gebhardt to obtain, at no cost, copies of
(1)the ICR,
(2)any associated forms, and
(3)regulations that require the subject collection of information. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR 202, 206, 210, 212, 217, and 218-Solid Minerals and Geothermal Collections. *OMB Control Number:* 1010-0120. *Bureau Form Number:* Forms MMS-4430, MMS-4292, and MMS-4293. *Abstract:* The Secretary of the United States Department of the Interior (Secretary) is responsible for matters relevant to mineral resource development on Federal and Indian lands and the Outer Continental Shelf (OCS). The Secretary, under the Mineral Leasing Act (30 U.S.C. 1923) and the Outer Continental Shelf Lands Act (43 U.S.C. 1353), is responsible for managing the production of minerals from Federal and Indian lands and the OCS, collecting royalties 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 MMS performs the royalty management functions and assists the Secretary in carrying out the Department's trust responsibility for Indian lands. Minerals produced from Federal and Indian leases vary greatly in the nature of occurrence, production and processing methods, and markets served. Also, lease terms, statutory requirements, and regulations vary significantly among the different minerals. 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 (royalty) of the value received from production from the leased lands. The lease creates a business relationship between the lessor and the lessee. The lessee is required to report various kinds of information to the lessor relative to the disposition of the leased minerals. Such information is similar to data reported to private and public mineral interest owners and is generally available within the records of the lessee or others involved in developing, transporting, processing, purchasing, or selling of such minerals. The information collected includes data necessary to ensure that the royalties are accurately valued and appropriately paid. Applicable law citations pertaining to mineral leases on Federal and Indian lands include: 25 U.S.C. 396d, Chapter 12—Lease, Sale, or Surrender of Allotted or Unallotted Lands; 25 U.S.C. 2103, Chapter 23—Development of Tribal Mineral Resources; 30 U.S.C. 189, Chapter 3A—Leases and Prospecting Permits; 30 U.S.C. 359, Chapter 7—Lease of Mineral Deposits within Acquired Lands; 30 U.S.C. 1001, 1002, Chapter 23—Geothermal Steam and Associated Geothermal Resources; 43 U.S.C. 1334, Chapter 29—Submerged Lands, Subchapter III—Outer Continental Shelf Lands Act; Energy Policy Act of 2005; and Mineral Leasing Act of 1920. Applicable Code of Federal Regulations
(CFR)citations include 30 CFR parts 202, subpart H; 206, subparts F, H, and J; 210, subparts E and H; 212, subparts E and H; 217, subparts E, F, and G; and 218, subparts E and F. The governing citations require the lessees, operators, or other directly involved persons to accurately submit minerals royalty and production data and provide additional reasonable information as defined by the Secretary regarding their production. This ICR provides for the collection of
(1)solid minerals royalty and production information on the forms above and on other associated data formats such as sales summaries, facility data, sales contracts and amendments, and payment information; and
(2)geothermal resources information on Form MMS-2014 (ICR 1010-0140; OMB approval expires November 30, 2009). The information collected
(1)enables MMS to verify that revenue due the Federal Government is accurately reported and correctly paid under applicable laws, regulations, and lease terms; and
(2)supports the fulfillment of our trust and financial and compliance requirements. It also enables MMS to timely disburse mineral revenues to the correct recipients. We encourage electronic submission by way of e-mail message attachments; however, hard-copy submissions are accepted. Specific lease language varies. However, respondents agree by the lease terms to furnish statements providing the details of all solid minerals and geothermal operations conducted on a Federal or Indian lease, including the quantity and quality of all production from the lease at such times and in such form as the Secretary may prescribe. The MMS, acting for the Secretary, uses the collected information to support the Compliance and Asset Management
(CAM)and Financial Management
(FM)processes, and to assure that royalties are reported timely and paid appropriately and are based upon correct product valuation. The MMS, as well as other Federal Government, state, and tribal entities, uses the collected information for audit purposes and for evaluation of the reasonableness of product valuation or of allowance claims submitted by lessees. The MMS provides the Bureau of Land Management
(BLM)and the Bureau of Indian Affairs
(BIA)access to this information. The BLM and BIA use this data to conduct production verification, ensure lease diligence, and monitor plant efficiencies, maximum recovery, and secondary product inventories. The determination of the appropriate product value or allowance rate directly affects the royalties due. Failure to collect such data would prevent the Secretary from accomplishing statutory and trust responsibilities. The information we collect under this ICR is essential for the royalty valuation process. Not collecting this information would limit the Secretary's ability to discharge fiduciary duties and may also result in the inability to confirm the accurate royalty value. Proprietary information submitted to MMS under this collection is protected. No items of a sensitive nature are collected. The requirement to submit Form MMS-4430 is mandatory. The requirement for producers of coal from Indian leases to submit Forms MMS-4292 and MMS-4293 is required to obtain benefits. *Frequency of Response:* On occasion, annually, and/or monthly. *Estimated Number and Description of Respondents:* 161 reporters. *Estimated Annual Reporting and Recordkeeping “Hour” Burden:* 3,670 hours. We revised this ICR to include reporting requirements from parts 206 and 212 citations that were overlooked in the previous renewal. We have adjusted the burden hours accordingly. 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 Citation 30 CFR Reporting & recordkeeping requirement Hour burden Average No. annual responses Annual burden hours Part 202—Royalties Subpart H—Geothermal Resources 202.351 Royalties on geothermal resources. (b)(3) Royalties on byproducts are due at the time the recovered byproduct is used, sold, or otherwise finally disposed of * * * Hour burden covered under OMB Control Number 1010-0140 (expires November 30, 2009). 202.353 Measurement standards for reporting and paying royalties and direct use fees
(a)For geothermal resources used to generate electricity, you must report the quantity on which royalty is due on Form MMS-2014 * * * Hour burden covered under OMB Control Number 1010-0140. See § 210.52.
(b)For geothermal resources used in direct use processes, you must report the quantity on which a royalty or direct use fee is due on Form MMS-2014* * *
(c)For byproducts, you must report the quantity on which royalty is due on Form MMS-2014* * *
(d)For commercially demineralized water, you must report the quantity on which royalty is due on Form MMS-2014* * *
(e)* * * However, you must maintain quality measurements for audit purposes * * * AUDIT PROCESS. See Note. Part 206—Product Valuation Subpart F—Federal Coal 206.253
(c)Coal subject to royalties—general provisions Hour burden covered under § 206.254.
(c)* * * The lessee shall maintain accurate records to determine to which individual Federal lease coal in the waste pit or slurry pond should be allocated 206.254 Quality and quantity measurement standards for reporting and paying royalties .4166 816 340 * * * Coal quantity information shall be reported on appropriate forms required under 30 CFR part 216 and on the Solid Minerals Production and Royalty Report, Form MMS-4430, as required under 30 CFR part 210 206.257 Valuation standards for ad valorem leases. AUDIT PROCESS. See Note. (b)(1) * * * The lessee shall have the burden of demonstrating that its contract is arm's-length* * * (b)(3) * * * When MMS determines that the value may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's reported coal value (b)(4) The MMS may require a lessee to certify that its arm's-length contract provisions include all of the consideration to be paid by the buyer, either directly or indirectly, for the coal production (d)(1) Where the value is determined pursuant to paragraph
(c)of this section, that value does not require MMS's prior approval. However, the lessee shall retain all data relevant to the determination of royalty value* * * Hour burden covered under § 206.254. (d)(2) Any Federal lessee will make available upon request to the authorized MMS or State representatives, to the Inspector General of the Department of the Interior or other persons authorized to receive such information, arm's-length sales value and sales quantity data for like-quality coal sold, purchased, or otherwise obtained by the lessee from the area AUDIT PROCESS. See Note. (d)(3) A lessee shall notify MMS if it has determined value pursuant to paragraphs (c)(2)(ii), (iii), (iv), or
(v)of this section. * * * The letter shall identify the valuation method to be used and contain a brief description of the procedure to be followed. The notification required by this section is a one-time notification due no later than the month the lessee first reports royalties on the Form MMS-4430 * * * and each time there is a change* * * 2 1 2
(f)The lessee may request a value determination from MMS. In that event, the lessee shall propose to MMS a value determination method, and may use that method in determining value for royalty purposes until MMS issues its decision. The lessee shall submit all available data relevant to its proposal.* * * 5 1 5
(i)* * * Contract revisions or amendments shall be in writing and signed by all parties to an arm's-length contract, and may be retroactively applied to value for royalty purposes for a period not to exceed two years, unless MMS approves a longer period * * * 2 1 2 206.259 Determination of washing allowances.
(a)Arm's-length contracts.
(1)* * * The lessee shall have the burden of demonstrating that its contract is arm's-length* * * AUDIT PROCESS. See Note. (a)(1) * * * the washing allowance shall be the reasonable actual costs incurred by the lessee for washing the coal * * * The lessee shall have the burden of demonstrating that its contract is arm's-length * * *. The lessee must claim a washing allowance by reporting it as a separate line entry on the Form MMS-4430 .34 12 4 (a)(3) * * * When MMS determines that the value of the washing may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's washing costs AUDIT PROCESS. See Note.
(b)Non-arm's-length or no contract.
(1)* * * the washing allowance will be based upon the lessee's reasonable actual costs * * *. The lessee must claim a washing allowance by reporting it as a separate line entry on the Form MMS-4430 * * * .75 48 36
(b)* * * The lessee must claim a washing allowance by reporting it as a separate line entry on the Form MMS-4430 * * * (2)(iv) A lessee may use either paragraph (b)(2)(iv)(A) or
(B)of this section. After a lessee has elected to use either method for a wash plant, the lessee may not later elect to change to the other alternative without approval of the MMS 1 1 1
(b)* * * The lessee must claim a washing allowance by reporting it as a separate line entry on the Form MMS-4430 * * * (2)(iv)(A) To compute depreciation, the lessee may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves which the wash plant services, whichever is appropriate, or a unit of production method. After an election is made, the lessee may not change methods without MMS approval * * * 1 1 1
(c)Reporting requirements—(1) Arm's-length contracts.
(i)The lessee must notify MMS of an allowance based on incurred costs by using a separate line entry on the Form MMS-4430 Hour burden covered under § 210.201. (c)(1)(ii) The MMS may require that a lessee submit arm's-length washing contracts, and related documents * * * AUDIT PROCESS. See Note. (c)(2) Non-arm's-length or no contract.
(i)The lessee must notify MMS of an allowance based on the incurred costs by using a separate line entry on the Form MMS-4430 Hour burden hours covered under § 210.201. (c)(2)(iii) Upon request by MMS, the lessee shall submit all data used to prepare the allowance deduction * * * AUDIT PROCESS. See Note.
(e)Adjustments * * *.
(2)The lessee must submit a corrected Form MMS-4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS Hour burden covered under § 210.201. 206.262 Determination of transportation allowances AUDIT PROCESS. See Note.
(a)Arm's-length contracts.
(1)* * * The lessee shall have the burden of demonstrating that its contract is arm's-length * * * (a)(1) * * * the transportation allowance shall be the reasonable, actual costs incurred by the lessee for transporting the coal * * * The lessee must claim a transportation allowance by reporting it as a separate line entry on the Form MMS-4430 .33 240 80 (a)(3) * * * When MMS determines that the value of the transportation may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's transportation costs AUDIT PROCESS. See Note.
(b)Non-arm's-length or no contract—(1) * * * the transportation allowance will be based upon the lessee's reasonable actual costs * * *. The lessee must claim a transportation allowance by reporting it as a separate line entry on the Form MMS-4430 * * * .75 24 18 (b)(2)(iv) * * * After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of the MMS 1 1 1 (b)(2)(iv)(A) * * * After an election is made, the lessee may not change methods without MMS approval * * * 1 1 1 (b)(3) A lessee may apply to MMS for exception from the requirement that it compute actual costs in accordance with paragraphs (b)(1) and (b)(2) of this section * * * 1 1 1
(c)Reporting requirements—(1) Arm's-length contracts.
(i)The lessee must notify MMS of an allowance based on incurred costs by using a separate line entry on the Form MMS-4430 Hour burden covered under § 210.201. (c)(1)(ii) The MMS may require that a lessee submit arm's-length transportation contracts, production agreements, operating agreements, and related documents * * * AUDIT PROCESS. See Note. (c)(2) Non-arm's-length or no contract—(i) The lessee must notify MMS of an allowance based on the incurred costs by using a separate line entry on Form MMS-4430 Hour burden covered under § 210.201. (c)(2)(iii) Upon request by MMS, the lessee shall submit all data used to prepare the allowance deduction * * * AUDIT PROCESS. See Note.
(e)Adjustments * * *.
(2)The lessee must submit a corrected Form MMS-4430 to reflect actual costs, together with any payments, in accordance with instructions provided by MMS Hour burden covered under § 210.201. 206.264 In-situ and surface gasification and liquefaction operations 1 1 1 If an ad valorem Federal coal lease is developed by in-situ or surface gasification or liquefaction technology, the lessee shall propose the value of coal for royalty purposes to MMS. The MMS will review the lessee's proposal and issue a value determination. The lessee may use its proposed value until MMS issues a value determination 206.265 Value enhancement of marketable coal 1 1 1 If, prior to use, sale, or other disposition, the lessee enhances the value of coal after the coal has been placed in marketable condition in accordance with § 206.257(h) of this subpart, the lessee shall notify MMS that such processing is occurring or will occur 1 1 1 Subpart H—Geothermal Resources 206.352 (b)(1)
(ii)How do I calculate the royalty due on geothermal resources used for commercial production or generation of electricity? 1 1 1 (b)(1) For Class I leases, you must determine the royalty on produced geothermal resources * * *
(ii)A royalty determined by any other reasonable method approved by MMS under § 206.364 of this subpart 1 1 1 206.353 How do I determine transmission deductions? AUDIT PROCESS. See Note. (c)(2)(i)(A) Such purchase is necessary (d)(9) Any other directly allocable and attributable operating or maintenance expense that you can document
(e)Allowable maintenance expenses include: * * *
(4)Other directly allocable and attributable maintenance expenses that you can document
(g)To compute costs associated with capital investment * * * After a lessee has elected to use either method, the lessee may not later elect to change to the other alternative without MMS approval 1 1 1 (h)(1) To compute depreciation, you must use a straight-line depreciation method * * * You may not depreciate equipment below a reasonable salvage value. 1 1 1 (m)(2) When actual cost information is available, you must amend your prior Form MMS-2014 reports to reflect actual transmission costs deductions for each month for which you reported and paid based on estimated transmission costs. You must pay any additional royalties due (together with interest computed under § 218.302). You are entitled to a credit for or refund of any overpaid royalties Hour burden covered under OMB Control Number 1010-0140.
(n)In conducting reviews and audits, MMS may require you to submit arm's-length transmission contracts, production agreements, operating agreements and related documents and all other data used to calculate the deduction. You must comply with any such requirements within the time MMS specifies. Recordkeeping requirements are found at part 212 of this chapter AUDIT PROCESS. See Note. 206.354 How do I determine generating deductions? 1 1 1 (b)(1)(ii) You must redetermine your generating cost rate annually * * * After you choose a deduction period, you may not later elect to use a different deduction period without MMS approval (c)(2)(i) You may include a return on capital * * * if: AUDIT PROCESS. See Note.
(A)The purchase is necessary * * *
(d)Allowable operating expenses include: * * *
(9)Any other directly allocable and attributable operating expense * * *
(e)Allowable maintenance expenses include: * * *
(4)Other directly allocable and attributable maintenance expenses that you can document
(g)* * * After a lessee has elected to use either method, the lessee may not later elect to change to the other alternative without MMS approval 1 1 1 (h)(1) To compute depreciation, you must use a straight-line depreciation method based on the life of the geothermal project, usually the term of the electricity sales contract, or other depreciation period acceptable to MMS. You may not depreciate equipment below a reasonable salvage value 1 1 1 (m)(2) When actual cost information is available, you must amend your prior Form MMS-2014 reports to reflect actual generating cost deductions for each month for which you reported and paid based on estimated generating costs. You must pay any additional royalties due (together with interest computed under § 218.302)* * * Hour burden covered under OMB Control Number 1010-0140.
(n)In conducting reviews and audits, MMS may require you to submit arm's-length power plant contracts, production agreements, operating agreements, related documents and all other data used to calculate the deduction. You must comply with any such requirements within the time MMS specifies. Recordkeeping requirements are found at part 212 of this chapter. AUDIT PROCESS. See Note. 206.356 How do I calculate royalty or fees due on geothermal resources I use for direct use purposes? 1 1 1
(a)For Class I leases, you must determine the royalty due on geothermal resources * * *
(1)The weighted average of the gross proceeds established in arm's-length contracts for the purchase of significant quantities of geothermal resources * * * In evaluating the acceptability of arm's-length contracts * * * (a)(2) * * * The efficiency factor of the alternative energy source will be * * * or * * * proposed by the lessee and approved MMS * * * . 48 2 96 (a)(3) A royalty determined by any other reasonable method approved by MMS * * * 1 1 1 (b)(3) * * * you must provide MMS data showing the amount of geothermal production in pounds or gallons of geothermal fluid to input into the fee schedule * * * 1 1 1
(c)For geothermal resources other than hot water, MMS will determine fees on a case-by-case basis 1 1 1 206.357 How do I calculate royalty due on byproducts? 1 1 1 (b)(3) Any other reasonable valuation method approved by MMS 1 1 1 206.358 What are byproduct transportation allowances? Hour burden covered under OMB Control Number 1010-0140.
(d)Reporting requirements.
(1)You must use a discrete field on Form MMS-2014 to notify MMS of a transportation allowance (d)(2) In conducting reviews and audits, MMS may require you to submit arm's-length transportation contracts * * * You must comply with any such requirements * * * Recordkeeping requirements are found at part 212 of this chapter AUDIT PROCESS. See Note.
(e)* * * If, after a review or audit, MMS determines that you have improperly determined a byproduct transportation allowance, you must pay any additional royalties due (plus interest computed under § 218.302) * * * . AUDIT PROCESS. See Note. 206.359 How do I determine byproduct transportation allowances? AUDIT PROCESS See Note. (a)(1) * * * MMS may require you to determine the byproduct transportation allowance * * * (a)(2) * * * MMS will notify you and give you an opportunity to provide written information justifying your transportation costs * * * (c)(2)(i) You may include a return on capital * * * if:
(A)The purchase is necessary * * *
(d)Allowable operating expenses include: * * *
(9)Any other directly allocable and attributable operating expense that you can document * * *
(e)Allowable maintenance expenses include: * * *
(4)Other directly allocable and attributable maintenance expenses that you can document* * *
(g)To compute costs associated with capital investment * * * the lessee may not later elect to change to the other alternative without MMS approval 1 1 1 (h)(1) To compute depreciation, you must use a straight-line depreciation method based on either the life of the equipment or the life of the geothermal project * * * After you choose the basis for depreciation, you may not change that basis without MMS approval * * * 1 1 1 (l)(2) When actual cost information is available, you must amend your prior Form MMS-2014 reports to reflect actual byproduct transportation cost deductions * * * You must pay any additional royalties due (together with interest computed under § 218.302) * * * Hour burden covered under OMB Control Number 1010-0140. 206.360 What records must I keep to support my calculations of royalty or fees under this subpart? AUDIT PROCESS. See Note. * * * you must retain all data relevant to the determination of the royalty value or the fee you paid. Recordkeeping requirements are found at part 212 of this chapter
(a)You must be able to show:
(1)How you calculated * * *
(2)How you complied * * *
(b)Upon request, you must submit all data to MMS* * * 206.361 How will MMS determine whether my royalty or direct use fee payments are correct? AUDIT PROCESS. See Note.* * * (a)(1) * * * The MMS may review and audit your data, and MMS will direct you to use a different measure (a)(2) If MMS directs you to use a different royalty value, measure of gross proceeds, or fee, you must either pay any royalties or fees due (together with interest computed under § 218.302) Hour burden covered under OMB Control Number 1010-0140.
(b)* * * MMS may require you to increase the gross proceeds to reflect any additional consideration. * * * MMS may require you to use another valuation method. * * * MMS will notify you to give you an opportunity to provide written information justifying your gross proceeds* * * AUDIT PROCESS. See Note.
(c)For arm's-length sales, you have the burden of demonstrating that your contract is arm's length
(d)The MMS may require you to certify that the provisions in your sales contract include all of the consideration the buyer paid you * * * (f)(2) Contract revisions or amendments you make must be in writing and signed by all parties to the contract 1 1 1 206.364 How do I request a value or gross proceeds determination? 3 20 60
(a)You may request a value determination from MMS * * * Your request must:
(1)Be in writing;* * *
(c)* * *
(2)After the Assistant Secretary issues a determination, you must make any adjustments in royalty payments that follow from the determination and, if you owe additional royalties, pay the royalties owed together with late payment interest computed under § 218.302 Hour burden covered under OMB Control Number 1010-0140. (d)(2) If you receive an order requiring you to pay royalty on the same basis as the determination, you may appeal that order under 30 CFR part 290 subpart B Hour burden covered under OMB Control Number 1010-0122. 206.366 What is the nominal fee that a State, tribal, or local government lessee must pay for the use of geothermal resources? Hour burden covered under OMB Control Number 1010-0140. If a State, tribal, or local government lessee uses a geothermal resource * * * lessee must pay a nominal fee * * * Subpart J—Indian Coal 206.452(c) Coal subject to royalties—general provisions Hour burden covered under § 206.456(d)(1).
(c)* * * The lessee shall maintain accurate records to determine to which individual Indian lease coal in the waste pit or slurry pond should be allocated * * * 206.453 Quality and quantity measurement standards for reporting and paying royalties Hour burden covered under § 206.456(d)(1). * * * Coal quantity information shall be reported on appropriate forms required under 30 CFR part 216 and on the Solid Minerals Production and Royalty Report, Form MMS-4430, as required under 30 CFR part 210 206.456 Valuation standards for ad valorem leases AUDIT PROCESS. See Note. (b)(1) * * * The lessee shall have the burden of demonstrating that its contract is arm's-length * * * (b)(3) * * * When MMS determines that the value may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's reported coal value (b)(4) MMS may require a lessee to certify that its arm's-length contract provisions include all of the consideration to be paid by the buyer, either directly or indirectly, for the coal production (d)(1) Where the value is determined pursuant to paragraph
(c)of this section, that value does not require MMS' prior approval. However, the lessee shall retain all data relevant to the determination of royalty value * * * .42 48 20 (d)(2) An Indian lessee will make available upon request to the authorized MMS or Indian representatives, or to the Inspector General of the Department of the Interior or other persons authorized to receive such information, arm's-length sales and sales quantity data for like-quality coal sold, purchased, or otherwise obtained by the lessee from the area AUDIT PROCESS. See Note. (d)(3) A lessee shall notify MMS if it has determined value pursuant to paragraphs (c)(2)(ii), (c)(2)(iii), (c)(2)(iv), or (c)(2)(v) of this section * * * . The letter shall identify the valuation method to be used and contain a brief description of the procedure to be followed * * * 1 1 1
(f)The lessee may request a value determination from MMS. In that event, the lessee shall propose to MMS a value determination method, and may use that method in determining value for royalty purposes until MMS issues its decision. The lessee shall submit all available data relevant to its proposal * * * 1 1 1
(i)* * * Contract revisions or amendments shall be in writing and signed by all parties to an arm's-length contract, and may be retroactively applied to value for royalty purposes for a period not to exceed two years, unless MMS approves a longer period * * * 1 1 1 206.457(b) Washing allowances—general Hour burden covered under § 218.201(b).
(b)If MMS determines that a lessee has improperly determined a washing allowance authorized by this section, then the lessee shall be liable for any additional royalties, plus interest * * * 206.458 Determination of washing allowances. 2 1 2
(a)Arm's-length contracts.
(1)* * * the washing allowance shall be the reasonable actual costs incurred by the lessee for washing the coal * * * However, before any deduction may be taken, the lessee must submit a completed page one of Form MMS-4292, Coal Washing Allowance Report, in accordance with paragraph (c)(1) of this section. A washing allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form MMS-4292 is filed with MMS, unless MMS approves a longer period upon a showing of good cause by the lessee (a)(3) * * * When MMS determines that the value of the washing may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's washing costs AUDIT PROCESS, see Note.
(b)Non-arm's-length or no contract.
(1)* * * the washing allowance will be based upon the lessee's reasonable actual costs * * *. However, before any estimated or actual deduction may be taken, the lessee must submit a completed Form MMS-4292 in accordance with paragraph (c)(2) of this section. A washing allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form MMS-4292 is filed with MMS, unless MMS approves a longer period upon a showing of good cause by the lessee * * * Hour burden covered under § 206.458(a)(1).
(b)* * * the lessee must submit a completed Form MMS-4292 * * * (2)(iv) * * * After a lessee has elected to use either method for a wash plant, the lessee may not later elect to change to the other alternative without approval of MMS 1 1 1
(b)* * * the lessee must submit a completed Form MMS-4292 * * *. (2)(iv)(A) To compute depreciation, the lessee may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves which the wash plant services, whichever is appropriate, or a unit of production method. After an election is made, the lessee may not change methods without MMS approval * * * 1 1 1
(c)Reporting requirements.
(1)Arm's-length contracts.
(i)With the exception of those washing allowances specified in paragraphs (c)(1)(v) and (c)(1)(vi) of this section, the lessee shall submit page one of the initial Form MMS-4292 prior to, or at the same time, as the washing allowance determined pursuant to an arm's-length contract is reported on Form MMS-4430, Solid Minerals Production and Royalty Report * * * Hour burden covered under § 206.458(a)(1). (c)(1)(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form MMS-4292 within 3 months after the end of the calendar year, or after the applicable contract or rate terminates or is modified or amended, whichever is earlier, unless MMS approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period) (c)(1)(iv) MMS may require that a lessee submit arm's-length washing contracts and related documents * * * AUDIT PROCESS. See Note. (c)(2) Non-arm's-length or no contract.
(i)With the exception of those washing allowances specified in paragraphs (c)(2)(v) and (c)(2)(vii) of this section, the lessee shall submit an initial Form MMS-4292 prior to, or at the same time as, the washing allowance determined pursuant to a non-arm's-length contract or no contract situation is reported on Form MMS-4430, Solid Minerals Production and Royalty Report * * * Hour burden covered under § 206.458(a)(1). (c)(2)(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee shall submit a completed Form MMS-4292 containing the actual costs for the previous reporting period. If coal washing is continuing, the lessee shall include on Form MMS-4292 its estimated costs for the next calendar year * * *. Form MMS-4292 must be received by MMS within 3 months after the end of the previous reporting period, unless MMS approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period). Hour burden covered under § 206.458(a)(1). (c)(2)(vi) Upon request by MMS, the lessee shall submit all data used by the lessee to prepare its Forms MMS-4292 * * * AUDIT PROCESS. See Note. (c)(4) Washing allowances must be reported as a separate line on the Form MMS-4430, unless MMS approves a different reporting procedure Hour burden covered under § 210.201.
(e)Adjustments * * *.
(2)The lessee must submit a corrected Form MMS-4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS 206.460(d) Transportation allowances—general Hour burden covered under § 218.201(b).
(d)If * * * MMS determines that a lessee has improperly determined a transportation allowance authorized by this section, then the lessee shall pay any additional royalties, plus interest 206.461 Determination of transportation allowances 2 1 2
(a)Arm's-length contracts.
(1)* * * the transportation allowance shall be the reasonable, actual costs incurred by the lessee for transporting the coal * * * However, before any deduction may be taken, the lessee must submit a completed page one of Form MMS-4293, Coal Transportation Allowance Report, in accordance with paragraph (c)(1) of this section. A transportation allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form MMS-4293 is filed with MMS, unless MMS approves a longer period upon a showing of good cause by the lessee
(a)Arm's-length contracts * * *.
(3)When MMS determines that the value of the transportation may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's transportation costs AUDIT PROCESS. See Note.
(b)Non-arm's-length or no contract.
(1)* * * the transportation allowance will be based upon the lessee's reasonable actual costs Hour burden covered under § 206.461(a)(1). * * * However, before any estimated or actual deduction may be taken, the lessee must submit a completed Form MMS-4293 in accordance with paragraph (c)(2) of this section. A transportation allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form MMS-4293 is filed with MMS, unless MMS approves a longer period upon a showing of good cause by the lessee * * *
(b)* * * the lessee must submit a completed Form MMS-4293 * * * (2)(iv) * * * After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of MMS 1 1 1
(b)* * * the lessee must submit a completed Form MMS-4293 * * * (2)(iv)(A) To compute depreciation, the lessee may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves which the transportation system services, whichever is appropriate, or a unit of production method. After an election is made, the lessee may not change methods without MMS approval 1 1 1
(b)* * * the lessee must submit a completed Form MMS-4293 * * *
(3)A lessee may apply to MMS for exception from the requirement that it compute actual costs in accordance with paragraphs (b)(1) and (b)(2) of this section * * * 1 1 1
(c)Reporting requirements.
(1)Arm's-length contracts.
(i)With the exception of those transportation allowances specified in paragraphs (c)(1)(v) and (c)(1)(vi) of this section, the lessee shall submit page one of the initial Form MMS-4293 prior to, or at the same time as, the transportation allowance determined pursuant to an arm's-length contract is reported on Form MMS-4430, Solid Minerals Production and Royalty Report Hour burden covered under § 206.461(a)(1). (c)(1)(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form MMS-4293 within 3 months after the end of the calendar year, or after the applicable contract or rate terminates or is modified or amended, whichever is earlier, unless MMS approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period). Lessees may request special reporting procedures in unique allowance reporting situations, such as those related to spot sales (c)(1)(iv) MMS may require that a lessee submit arm's-length transportation contracts, production agreements, operating agreements, and related documents AUDIT PROCESS. See Note. (c)(2) Non-arm's-length or no contract.
(i)With the exception of those transportation allowances specified in paragraphs (c)(2)(v) and (c)(2)(vii) of this section, the lessee shall submit an initial Form MMS-4293 prior to, or at the same time as, the transportation allowance determined pursuant to a non-arm's-length contract or no contract situation is reported on Form MMS-4430, Solid Minerals Production and Royalty Report * * * Hour burden covered under § 206.461(a)(1). (c)(2)(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee shall submit a completed Form MMS-4293 containing the actual costs for the previous reporting period * * * Form MMS-4293 must be received by MMS within 3 months after the end of the previous reporting period, unless MMS approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period) (c)(2)(vi) Upon request by MMS, the lessee shall submit all data used to prepare its Form MMS-4293 * * * AUDIT PROCESS. See Note. (c)(4) Transportation allowances must be reported as a separate line item on Form MMS-4430, unless MMS approves a different reporting procedure Hour burden covered under § 210.201.
(e)Adjustments * * *
(2)The lessee must submit a corrected Form MMS-4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS 206.463 In-situ and surface gasification and liquefaction operations 1 1 1 If an ad valorem Federal coal lease is developed by in-situ or surface gasification or liquefaction technology, the lessee shall propose the value of coal for royalty purposes to MMS * * * 206.464 Value enhancement of marketable coal 1 1 1 If, prior to use, sale, or other disposition, the lessee enhances the value of coal after the coal has been placed in marketable condition in accordance with § 206.456(h) of this subpart, the lessee shall notify MMS that such processing is occurring or will occur * * * Part 210—Forms and Reports Subpart E—Solid Minerals, General 210.201 (a)(1) How do I submit Form MMS-4430, Solid Minerals Production and Royalty Report? .75 1,668 1,251
(a)What to submit.
(1)You must submit a completed Form MMS-4430 for * * * 210.202 (a)(1) and (c)(1) How do I submit sales summaries?
(a)What to submit.
(1)You must submit sales summaries for all coal and other solid minerals produced from Federal and Indian leases and for any remote storage site from which you sell Federal or Indian solid minerals * * * .50 1,140 570
(c)How to submit.
(1)You should provide the sales summary data via electronic mail where possible. We will provide instructions and the proper email address for these submissions 210.203
(a)How do I submit sales contracts? 1 30 30
(a)What to submit. You must submit sales contracts, agreements, and contract amendments for the sale of all coal and other solid minerals produced from Federal and Indian leases with ad valorem royalty terms 210.204 (a)(1) How do I submit facility data? .25 360 90
(a)What to submit.
(1)You must submit facility data if you operate a wash plant, refining, ore concentration, or other processing facility for any coal, sodium, potassium, metals, or other solid minerals produced from Federal or Indian leases with ad valorem royalty terms * * * 210.205 Will I need to submit additional documents or evidence to MMS? AUDIT PROCESS. See Note.
(a)Federal and Indian lease terms allow us to request detailed statements, documents, or other evidence necessary to verify compliance * * *
(b)We will request this additional information as we need it * * * Subpart H—Geothermal Resources 210.351 Required recordkeeping Hour burden covered under OMB Control Number 1010-0140. * * * [Geothermal] Records may be maintained on microfilm, microfiche, or other recorded media that are easily reproducible and readable * * * 210.352 Special forms and reports. [geothermal] 1 1 1 The MMS may require submission of additional information on special forms or reports * * * 210.353 Monthly report of sales and royalty. A completed Report of Sales and Royalty Remittance (Form MMS-2014) must be submitted each month once sales or utilization of [geothermal] production occur * * * Hour burden covered under OMB Control Number 1010-0140. Part 212—Records and Forms Maintenance Subpart E—Solid Minerals—General 212.200
(a)Maintenance of and access to records .25 4,064 1,016
(a)All records pertaining to Federal and Indian solid minerals leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the record holder is notified, in writing, that records must be maintained for a longer period. When an audit or investigation is underway, records shall be maintained until the record holder is released by written notice of the obligation to maintain records Subpart H—Geothermal Resources 212.351 Required recordkeeping and reports
(a)Records. Each lessee, operator, revenue payor, or other person shall make and retain accurate and complete records necessary to demonstrate that payments of royalties, rentals, and other amounts due under Federal geothermal leases are in compliance with laws, lease terms, regulations, and orders. Records covered by this section include those specified by lease terms, notices, and orders * * * Hour burden covered under OMB Control Numbers 1010-0140 (for Form MMS-2014) and 1010-0139 (for Form MMS-4054).
(b)Period for keeping records. All records pertaining to Federal geothermal leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the recordholder is notified in writing, before the expiration of that 6-year period that records must be maintained for a longer period for purposes of audit or investigation. When an audit or investigation is underway, records shall be maintained until the recordholder is released by written notice of the obligation to maintain records Hour burden covered under OMB Control Numbers 1010-0140 (for Form MMS-2014) and 1010-0139 (for Form MMS-4054). Part 217—Audits and Inspections Subpart E—Coal 217.200 Audits AUDIT PROCESS. See Note. An audit of the accounts and books of operators/lessees for the purpose of determining compliance with Federal lease terms relating to Federal royalties may be required * * * The operator/lessee shall furnish, free of charge, duplicate copies of audit reports that express opinions on such compliance to the Associate Director for Minerals Revenue Management * * * Subpart F—Other Solid Minerals 217.250 Audits AUDIT PROCESS. See Note An audit of the lessee's accounts and books may be made annually * * * The lessee shall furnish free of cost duplicate copies of such annual or other audits * * * Subpart G—Geothermal Resources 217.300 Audits or review of records AUDIT PROCESS. See Note. The Secretary, or his/her authorized representative, will initiate and conduct audits or reviews relating * * * Audits or reviews will also relate to compliance * * * All audits or reviews will be conducted in accordance with * * * Part 218—Collection of Royalties, Rentals, Bonuses, and Other Monies Due the Federal Government and Credits and Incentives Due Lessees Subpart B—Oil and Gas, General 218.57(a)(2) and (b)(3)(i) Providing information and claiming rewards 1 1 1
(a)General * * *
(2)If a person has any information he or she believes would be valuable to MMS, that person (“informant”) should submit the information in writing, in the form of a letter * * *
(b)Claim for reward * * *
(3)To file a claim for reward the informant must:
(i)Notify the Director, MMS * * * that he/she is claiming a reward Subpart E—Solid Minerals—General 218.201(b) Method of payment .0055 1,368 8 You must tender all payments * * * except as follows: * * *
(b)For Form MMS-4430 payments, include both your customer identification and your customer document identification numbers on your payment document * * * 218.203(b) Recoupment of overpayments on Indian mineral leases 1 1 1
(a)* * * a payor may recoup the overpayment through a recoupment on Form MMS-4430 against the current month's royalties * * *
(b)With written permission authorized by tribal statute or resolution, a payor may recoup an overpayment against royalties or other revenues owed in that month under other leases for which that tribe is the lessor. A copy of the tribe's written permission must be furnished to MMS * * * [following] instructions * * * Subpart F—Geothermal Resources 218.300 Payment of royalties, rentals, and deferred bonuses * * * the lessee shall submit all rental and deferred bonus payments when due and shall pay in value all royalties in the amount determined by MMS to be due Hour burden covered under OMB Control Number 1010-0140. 218.301 Method of payment The payor shall tender all payments * * * Hour burden covered under OMB Control Number 1010-0140. 218.304 May I credit rental towards direct use fees? * * * You must pay the direct use fees in addition to the annual rental due Hour burden covered under OMB Control Number 1010-0140. 218.305 How do I pay advanced royalties I owe under BLM regulations? If you pay advanced royalties under 43 CFR 3212.15(a)(1) to retain your lease:
(a)You must pay an advanced royalty monthly equal to the average monthly royalty you paid under 30 CFR part 206, subpart H * * * Hour burden covered under OMB Control Number 1010-0140. 218.306 May I receive a credit against production royalties for in-kind deliveries of electricity I provide under contract to a state or county government?
(a)You may receive a credit against royalties * * * if: * * *
(2)The MMS approves in advance your contract * * * 4 1 4
(b)* * * You must pay in money any royalty amount that is not offset by the credit allowed under this section * * * Hour burden covered under OMB Control Number 1010-0140. Total Burden 9,880 3,670 Note: AUDIT PROCESS—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of 1995 because MMS staff asks non-standard questions to resolve exceptions. *Estimated Annual Reporting and Recordkeeping “Non-hour Cost” Burden:* We have identified no “non-hour cost” burden associated with the 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:* Section 3506(c)(2)(A) of the PRA requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *.” Agencies must specifically solicit comments to:
(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;
(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)enhance the quality, usefulness, and clarity of the information to be collected; and
(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. To comply with the public consultation process, we published a notice in the **Federal Register** on March 7, 2007 (72 FR 10244), announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. We received no comments in response to the notice. If you wish to comment in response to this notice, you may send your comments to the offices listed under the ADDRESSES section of this notice. The OMB has up to 60 days to approve or disapprove the information collection but may respond after 30 days. Therefore, to ensure maximum consideration, OMB should receive public comments by November 16, 2007. *Public Comment Policy:* We will post all comments in response to this notice on our Web site at *http://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm.* We will also make copies of the comments available for public review, including names and addresses of respondents, during regular business hours at our offices in Lakewood, Colorado. Before including your address, phone number, e-mail 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. *MMS Information Collection Clearance Officer:* Arlene Bajusz
(202)208-7744. Dated: October 11, 2007. Richard Adamski, Acting Associate Director for Minerals Revenue Management. [FR Doc. E7-20424 Filed 10-16-07; 8:45 am] BILLING CODE 4310-MR-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-590] In the Matter of Certain Coupler Devices for Power Supply Facilities, Components Thereof, and Products Containing Same AGENCY: U.S. International Trade Commission. ACTION: Notice of Commission decision not to review an initial determination finding eight respondents in default; request for written submissions on remedy, the public interest, and bonding. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 39) issued by the presiding administrative law judge (“ALJ”) finding eight respondents in default. The eight respondents found in default are the last remaining respondents in this investigation. Accordingly, the Commission requests written submission, according to the schedule set forth below, on remedy, public interest, and bonding with respect to the respondents in default. FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)708-5432. Copies of non-confidential documents filed in connection with this investigation are or 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 at *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.* 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: This investigation was instituted on January 19, 2007 based on a complaint filed by Topower Computer Industrial Co., Ltd. (“Topower”). The complaint alleged violations of section 337 of the Tariff 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 coupler devices for power supply facilities, components thereof, and products containing the same by reason of infringement of U.S. Patent No. 6,935,902. On August 6, 2007, Topower filed a motion requesting an order directing respondents Aspire/Apevia International Corp., Ltd.; Xion/Axpertec, Inc.; JPAC Computer, Inc., Sunbeam Co.; Super Flower Computer, Inc.; Taiwan Youngyear Electronics Co., Ltd.; Sun Pro Electronics Co., Ltd.; and Leadman Electronic Co., Ltd. (collectively, the “eight respondents”) to show cause why they should not be found in default for failure to respond to the complaint and Notice of Investigation. On August 30, 2007, the ALJ issued Order No. 37, which ordered the eight respondents to show cause why they should not be found in default by September 14, 2007. No responses to Order No. 37 were filed. On September 25, 2007, the ALJ issued the subject ID, granting Topower's motion because none of the eight respondents responded to Order No. 37. No petitions for review were filed. The Commission has determined not to review the subject ID. The eight respondents were the last remaining respondents in this investigation. The investigation has been terminated with respect to all other respondents based on settlement agreement, consent order, default, or withdrawal of allegations. Section 337(g)(1) and Commission Rule 210.16(c) authorize the Commission to order relief against a respondent found in default unless, after consideration of the public-interest factors, it finds that such relief should not issue. Topower has declared, pursuant to Commission Rule 210.16(c)(2), that it does not seek a general exclusion order. In conjunction with the final disposition of this investigation, therefore, the Commission may:
(1)Issue an order that could result in the exclusion of articles manufactured or imported by any or all of the defaulting respondents; and/or
(2)issue one or more cease and desist orders that could result in any or all of the defaulting respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, *see In the Matter of Certain Devices for Connecting Computers via Telephone Lines,* Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on
(1)the public health and welfare,
(2)competitive conditions in the U.S. economy,
(3)U.S. production of articles that are like or directly competitive with those that are subject to investigation, and
(4)U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission's action. *See* Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. *Written Submissions:* The parties to the investigation, interested government agencies, and any other interested parties, are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission's consideration. Complainants are further requested to state the dates that the patents expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on November 8, 2007. Reply submissions must be filed no later than the close of business on November 19, 2007. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof with the Office of the Secretary on or before the aforementioned deadlines. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. *See* 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.16 and 210.42-46 of the Commission's Rules of Practice and Procedure (19 CFR 210.16; 210.42-46). Issued: October 12, 2007. By order of the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E7-20409 Filed 10-16-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-451 and 731-TA-1126-1128 (Preliminary)] Certain Lightweight Thermal Paper From China, Germany, and Korea AGENCY: United States International Trade Commission. ACTION: Revised schedule for the subject investigations. SUMMARY: On September 19, 2007, the Commission established a schedule for the conduct of the subject investigations (72 FR 54926, September 27, 2007). Subsequently, the Department of Commerce extended the date for its initiation of the investigations from October 9 to October 29, 2007. The Commission, therefore, is revising its schedule to conform with Commerce's new schedule. The Commission's new schedule for the investigations is as follows: The deadline for filing written briefs is October 18, 2007, the administrative deadline for transmitting determinations to Commerce is November 23, 2007, and the Commission's views are due to be transmitted to Commerce on November 30, 2007. For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: *Effective Date:* October 17, 2007. FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 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 these investigations may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission's rules. By order of the Commission. Issued: October 11, 2007. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E7-20397 Filed 10-16-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 337-TA-608 and 337-TA-612] In the Matter of Certain Nitrile Gloves and in the Matter of Certain Nitrile Rubber Gloves; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 21) issued by the presiding administrative law judge (“ALJ”) granting complainant's motion to amend the complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, 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 are or 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 at *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* . 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: The Commission instituted Investigation No. 337-TA-608 on July 6, 2007, based on a complaint filed by Tillotson Corporation d.b.a. Best Manufacturing Company (“Tillotson”). The complaint alleges violations of section 337 of the Tariff 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 nitrile gloves by reason of infringement of various claims in United States Patent No. Re. 35,616. The complaint named over thirty respondents. On September 19, 2007, the ALJ consolidated Investigation No. 337-TA-608 with Investigation No. 337-TA-612. On September 16, 2007, Tillotson filed a motion to amend the complaint and notice of investigation to add fourteen additional respondents: Ansell (Thailand) Ltd., Ansell Healthcare Products, LLC, Ansell Protective Products Inc., Top Glove Sdn. Bhd., TG Medical
(USA)Inc., Hartalega Sdn. Bhd., Pharmatex USA Inc., Perusahaan Getah Asas Sdn. Bhd., Kossan Gloves Inc. d.b.a. Sintex, PT Haloni Jane, Shamrock Manufacturing Company Inc., Smart Glove Corporation Sdn. Bhd., YTY Industry (Manjung) Sdn. Bhd., and Delta Medical Supply Group, Inc. d.b.a. The Delta Group. The Commission investigative attorney supported the motion. Respondent Ansell Ltd. opposed the motion with respect to Ansell (Thailand), because Ansell asserted that Ansell (Thailand) does not manufacture TNT Blue Disposable Nitrile gloves as asserted and that the Touch N Tuff Powder Free nitrile gloves that it does manufacture are not within the scope of this investigation. On September 20, 2007, the ALJ granted Tillotson's motion, finding that, pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)), there was good cause to add the respondents because the first thirteen respondents are subsidiaries of named respondents and including these respondents will ease the discovery process. In addition, the ALJ found that Ansell (Thailand) should be a respondent, because the Touch N Tuff Powder Free nitrile gloves are within the scope of the investigation. Finally, the ALJ found that Tillotson only recently discovered that Delta Medical Supply Group is not related to the named respondent Delta Medical Systems. No petitions for review of this ID were filed. Having examined the record of this investigation, the Commission has determined not to review the ALJ's ID. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in § 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.42). Issued: October 11, 2007. By order of the Commission. William R. Bishop, Secretary to the Commission. [FR Doc. E7-20396 Filed 10-16-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE [OMB Number 1121-NEW] Bureau of Justice Statistics; Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-Day Notice of Information Collection Under Review: Proposed Collection; National Survey of Youth in Custody. The Department of Justice (DOJ), Bureau of Justice Statistics, will be submitting the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until December 17, 2007. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Allen J. Beck, Ph.D., Bureau of Justice Statistics, 810 Seventh Street, NW., Washington, DC 20531 (phone 202-616-3277). Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • 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 responses. Overview of This Information Collection
(1)*Type of Information Collection:* New data collection.
(2)*Title of the Form/Collection:* National Survey of Youth in Custody.
(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:* Form numbers not available at this time. The Bureau of Justice Statistics, Office of Justice Programs, Department of Justice is the sponsor for the collection.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: State, Local, or Tribal Government. Other: Federal Government, Business or other for-profit, Not-for-profit institutions. The work under this clearance will be used to develop surveys to produce estimates for the incidence and prevalence of sexual assault within juvenile correctional facilities as required under the Prison Rape Elimination Act of 2003 (Pub. L. 108-79).
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* It is estimated that 16,594 respondents will spend approximately 30 minutes on average responding to the survey.
(6)*An estimate of the total public burden (in hours) associated with the collection:* There are an estimated 18,441 total burden hours associated with this collection (including obtaining parental consent, administrative records, and roster processing). *If additional information is required, contact:* Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: October 11, 2007. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E7-20455 Filed 10-16-07; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF JUSTICE Public Symposium: Voice, Video and Broadband: The Changing Competitive Landscape and Its Impact on Consumers AGENCY: Antitrust Division, Department of Justice. ACTION: Notice of Symposium and call for written submissions. SUMMARY: On November 29, 2007, the Department of Justice Antitrust Division (“Antitrust Division”) will host a public symposium on “Voice, Video and Broadband: The Changing Competitive Landscape and Its Impact on Consumers.” The symposium will address issues related to competition in the provision of voice, video and broadband Internet access, focusing on consumer services and the impact of convergence between traditionally distinct lines of activity such as video delivery, landline telephony, and wireless services. The event is open to the public. There is no fee for attendance. Preregistration is not necessary to attend but is strongly encouraged to facilitate space and other planning for the event. Preregistration is requested by November 16, 2007. To preregister, send your name, affiliation and e-mail address to *2007TelecomSymposium@usdoj.gov* and refer to “Preregistration” in the subject line of the message. Additional information about the symposium will be posted on the DOJ Web site at *http://www.usdoj.gov/atr/public/workshops/telecom2007/index.htm* (“symposium Web site”). *Date:* Thursday, November 29, 2007. *Time:* 9 a.m. to 5:30 p.m. *Place:* Ronald Reagan Building, Horizon Room, 1300 Pennsylvania Avenue, NW., Washington, DC. All attendees will be required to show a valid form of photo identification, such as a driver's license, to be admitted. *Submission of Relevant Information:* Any person may make a written submission in paper or electronic form on the topics to be discussed as described below under Supplementary Information. Studies, surveys, research and empirical data are especially useful. Any submissions must be received on or before November 13, 2007. Such material will be made available for review by panelists, may be made available at the Antitrust Division's discretion to the public on the Internet or through other means, and may be used in any summary of the symposium. Participation as a speaker at the symposium is by invitation of the Department of Justice only. Paper submissions should clearly refer to “Voice, Video and Broadband: The Changing Competitive Landscape and Its Impact on Consumers” in the text and on the envelope. An original and two complete copies should be mailed or delivered to: United States Department of Justice, Antitrust Division, City Center Building Suite 8000, Attention: Ashley Becker, 1401 H Street, NW., Washington, DC 20530. Electronic submissions should be sent to *2007TelecomSymposium@usdoj.gov* with a reference to “Submission” in the subject line of the message. Electronic submissions by e-mail should not exceed 10 MB with attachments. Alternatively, submissions may be made on media such as CDs and sent to the address listed above for paper submissions. Use of a courier service is recommended to avoid possible damage to electronic media in screening. If you make an electronic submission using PDF format, please include a comparable text version in a separate file (such as Word or WordPerfect). All submissions received by the Division will be made part of the public record. Submissions and the identity of the submitter may be disclosed, reproduced and distributed by publication and/or posting on the Antitrust Division Web site at *http://www.usdoj.gov/atr/public/workshops/telecom2007/index.htm* . Information submitted in connection with this symposium will not be maintained as confidential by the Department of Justice. FOR FURTHER INFORMATION CONTACT: Ashley Becker, Department of Justice, Antitrust Division, City Center Building Suite 8000, 1401 H Street, NW., Washington, DC 20530, telephone
(202)514-5835. Additional information on the symposium will also be posted on the symposium Web site. SUPPLEMENTARY INFORMATION: Background and Symposium Goals The telecommunications industry has been experiencing significant technological, economic, and regulatory changes in the decade since the passage of the Telecommunications Act of 1996. In particular, telecommunications services provided to consumers, including voice telephony and broadband data, have increasingly come to be provided by competing facilities-based alternatives. Cable television systems have been entering residential voice telephony services in much of the United States over the past few years, relying heavily on Voice over Internet Protocol
(VoIP)technology. In addition, some telephone carriers have begun to compete in the delivery of multichannel video programming with traditional incumbent cable systems and satellite-based delivery. There is widespread discussion of other possible alternatives for delivery of telecommunications and video services to consumers, including wireless and broadband over power lines. Voice telephony, broadband and multichannel video programming services are frequently offered to consumers as bundles, often at discounts from stand-alone services. At the same time, concerns are sometimes expressed about remaining barriers to entry into the delivery of telecommunications and video programming services. Such barriers—whether arising from regulatory restrictions, conduct of established providers, or inherent economic and technical limitations—may tend to restrict the degree of competitiveness of these services. The Department has recently advocated various regulatory and legal changes that will make entry into video programming delivery and telephone services more likely. 1 1 *See, e.g.* , Proposed Modifications to the Application Form for Approval of Authority to Offer, Render, Furnish or Supply Telecommunications Services to the Public in the Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Docket No. M-00960799, Comments of the United States Department of Justice (filed March 27, 2007) (recommending reform of Pennsylvania's procedures for certification of competitors to provide facilities-based telephony services in rural areas to promote more rapid entry); In the Matter of Implementation of section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, Federal Communications Commission, MM Docket No. 05-311, Ex Parte Submission of the Department of Justice (May 10, 2006) (requesting the FCC to address what would constitute an “unreasonable refusal” by a local franchising authority to award a competitive video franchise, and expressing concern about certain practices such as build-out requirements). Other actions taken by the Department of Justice are referenced on the symposium Web site. The Antitrust Division will host a symposium on Thursday, November 29, 2007, in Washington, DC, to provide a forum for discussion of the current status of competition in telecommunications services and video programming delivery, the prospects for additional competition, and whether regulatory changes or other government action would promote more competition. The symposium will be structured around four panel discussions focused on the topics below. Morning Session: Cable TV and Telephone Company Competition Consumers are beginning to benefit from new facilities-based competition. Cable television systems are beginning to offer voice telephony in addition to video and broadband, and telephone companies are beginning to offer video in addition to voice and broadband. How widespread is this facilities-based competition now, and how extensive is it likely to become? What regulatory or other obstacles do entrants still face? What are the ramifications for competition and antitrust analysis of this entry and how has bundling impacted the nature of competition? Panel I: Entry Into Multichannel Video Services *Issues:* This panel will explore whether there are significant regulatory (federal, state and local) or other constraints on video entry and how competition has changed as a result of the telephone companies' entry into offering video services. How widely are telephone company video services likely to be offered in the future? How have telecommunications entry and bundling affected competition? Panel II: Entry Into Telecommunications Services *Issues:* This panel will explore whether there are significant regulatory (federal, state and local) or other constraints on voice entry and how competition has changed as a result of the cable companies' entry into telephony. To what extent are various modes of entry used now and how likely are they to be used in the future? Are there areas unlikely to see competition? What effect have subsidies had on competition? How have entry by cable TV companies and bundling affected competition? Afternoon Session: Alternative Technologies To Reach the Consumer Some observers have predicted that most telecommunications and entertainment services will at some point be delivered to all consumers over a single connection to their homes. Will consumers have a wide selection of alternative providers for that connection? Panel III: Wireless Technologies *Issues:* This panel will focus on the extent to which wireless broadband systems are current and future competitive alternatives to cable modems and DSL. What regulatory or other issues could delay rollout? What are the prospects for municipal broadband networks? How are these advanced wireless services likely to impact competition? Panel IV: Other Technologies Including Satellite, Broadband Over Power Line *Issues:* This panel will focus on whether other technologies such as satellite and broadband over power lines can compete for customers. What is the current and predicted subscriber base for these services, and what is necessary to attract more subscribers and providers? Will these services be competitive everywhere or only in limited geographic areas or for certain types of customers? *Privacy Notice:* Those who preregister for the symposium must supply their name, affiliation and e-mail address to the Antitrust Division. The Department of Justice is permitted by law to collect this contact information to consider and use for the stated purpose. Under the Freedom of Information Act
(FOIA)or other laws, we may be required to disclose the information you provide us to outside organizations. In addition, all timely and responsive submissions, whether filed in paper or electronic form, may be made publicly available at *http://www.usdoj.gov/atr/public/workshops/telecom2007/index.htm* . While DOJ makes certain efforts, in its discretion, to remove home contact and other personally identifying information for individuals from the public submissions it receives before placing those submissions on its Web site, persons making submissions are responsible for ensuring that these do not contain any information that they are unwilling to have disclosed to the public. For additional information, including routine uses permitted by the Privacy Act, see the DOJ Web site privacy policy at *http://www.usdoj.gov/privacy-file.htm* . Dated: October 10, 2007. Thomas O. Barnett, Assistant Attorney General, Antitrust Division. [FR Doc. E7-20478 Filed 10-16-07; 8:45 am] BILLING CODE 4410-11-P DEPARTMENT OF JUSTICE Notice of Lodging of the “AEP” Proposed Consent Decree Under the Clean Air Act Pursuant to 28 CFR 50.7, notice is hereby given that on October 9, 2007 a proposed Consent Decree (“Consent Decree”) in *United States, et al.* v. *American electric Power Service Corporation, et al.* , Civil Actions Nos. C2-99-1182, C2-99-1250, C2-04-1098, and C2-05-360, was lodged with the United States District Court for the Southern District of Ohio. In these civil enforcement actions under the federal Clean Air Act (“Act”), the United States alleges that several American Electric Power subsidiaries (collectively (“AEP”) failed to comply with the New Source Review provisions of the Act and the State Implementation Plans of Indiana, Ohio, Virginia, and West Virginia. The complaints allege that AEP violated the Act by failing to
(i)seek permits prior to making major modifications and
(ii)install appropriate pollution control devices to reduce emissions of air pollutants from units at the following power plants: Tanners Creek in Indiana; Cardinal, Conesville, and Muskingum River in Ohio; Clinch River in Virginia; Amos, Kammer, Mitchell, and Sporn in West Virginia. The complaints seek both injunctive relief and civil penalty. The Consent Decree lodged with the Court addresses all units at the nine power plants listed above as well as all units at the following seven AEP plants that were not part of the litigation: Rockport in Indiana; Big Sandy in Kentucky; Gavin and Picway in Ohio; Glen Lyn in Virginia; and Kanawha River and Mountaineer in West Virginia. The Consent Decree requires installation, upgrading, and continuous operation of pollution control devices on a number of the 46 units at the sixteen plants addressed in the settlement. The Consent Decree also imposes emissions caps that limit the total amount of nitrogen oxides and sulfur dioxide that can be collectively emitted by all 46 units at these plants, with a series of increasingly stringent limits beginning in 2009. The Consent Decree also requires AEP to pay the United States a civil fine of $15 million and to pay $60 million for environmental mitigation projects, including projects to acquire and restore ecologically sensitive land in eastern states downwind of AEP plants, restore or improve watersheds and forests in national parks affected by past emissions, reduce nitrogen loading in Chesapeake Bay, reduce emissions from sources in AEP's vehicle fleet, and other projects to be directed by settling states. The States of Connecticut, Maryland, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and the Commonwealth of Massachusetts have signed the Consent Decree as co-plaintiffs, as have the following citizens groups: Citizens Action Coalition of Indiana, Clean Air Council, Hossier Environmental Council, Indiana Wildlife Federation, Izaak Walton League of America, League of Ohio Sportsmen, National Wildlife Federation, Natural Resources Defense Council, Inc., Ohio Citizen Action, Ohio Valley Environmental Coalition, Sierra Club, United States Public Interest Research Group, and West Virginia Environmental Council. The Department of Justice will receive for a period of thirty
(30)days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, U.S. department of Justice. Washington, DC 20044-7611, and should refer to *United States, et al,* v. *American Electric Power Service Corporation, et al.* , D.J. Ref. 90-5-2-1-06893. The Consent Decree may be examined at the Office of the United States Attorney for the Southern District of Ohio, located at 303 Marconi Boulevard, Suite 200, Columbus, Ohio 43215; at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029; at U.S. EPA Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; or at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604-4590. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* , fax no.
(202)514-0097, phone confirmation number
(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $30.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. Bruce S. Gelber, Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07-5126 Filed 10-16-07; 8:45 am]
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Traces to 15 documents
11 references not yet in our index
  • 30 CFR 206
  • 30 CFR 202
  • 30 USC 1923
  • 30 CFR 216
  • 30 CFR 210
  • 30 CFR 290
  • 43 CFR 3212.15(a)(1)
  • 19 CFR 201
  • 19 CFR 207
  • 5 CFR 1320.10
  • Pub. L. 108-79
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U.S.C.§ 1353
U.S.C.§ 396d
U.S.C.§ 2103
U.S.C.§ 189
U.S.C.§ 359
U.S.C.§ 1001
U.S.C.§ 1334
U.S.C.§ 3501
Cite30 CFR 206
Cite30 CFR 202
Cite30 USC 1923
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