62452 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 

Assistance (DUA); 97.046, Fire Management 

Assistance; 97.048, Individuals and 

Households Housing; 97.049, Individuals and 

Households Disaster Housing Operations; 

97.050, Individuals and Households 

Program—Other Needs; 97.036, Public 

Assistance Grants; 97.039, Hazard Mitigation 

Grant Program.)

Michael D. Brown, 

Under Secretary, Emergency Preparedness 

and Response, Department of Homeland 

Security.

[FR Doc. 04–23910 Filed 10–25–04; 8:45 am] 

BILLING CODE 9110–10–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 an extension of a 

currently approved information 

collection (OMB Control Number 1010–

0074). 

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 part 206, subpart J—Indian Coal. 

This notice also provides the public a 

second opportunity to comment on the 

paperwork burden of these regulatory 

requirements. The ICR is titled 30 CFR 

part 206—Product Valuation, subpart 

J—Indian Coal (Forms MMS–4292, Coal 

Washing Allowance Report, and MMS–

4293, Coal Transportation Allowance 

Report). We changed the title of this ICR 

to clarify the regulatory language we are 

covering under 30 CFR part 206. The 

previous title was ‘‘Coal Washing and 

Transportation Allowances (Forms 

MMS–4292 and MMS–4293).’’

DATES: Submit written comments on or 

before November 26, 2004.

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 1010–0074). Mail or 

hand-carry 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, our courier address is 

Building 85, Room A–614, Denver 

Federal Center, Denver, Colorado 80225. 

You may also e-mail your comments to 

us 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. 

Submit electronic comments as an 

ASCII file avoiding the use of special 

characters and any form of encryption. 

If you do not receive a confirmation that 

we have received your e-mail, contact 

Ms. Gebhardt at (303) 231–3211.

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 

a copy at no cost of the forms and 

regulations that require the subject 

collection of information.

SUPPLEMENTARY INFORMATION: Title: 30 

CFR part 206—Product Valuation, 

subpart J—Indian Coal (Forms MMS–

4292, Coal Washing Allowance Report, 

and MMS–4293, Coal Transportation 

Allowance Report). 

OMB Control Number: 1010–0074. 

Bureau Form Number: Forms MMS–

4292 and MMS–4293. 

Abstract: The Secretary of the U.S. 

Department of the Interior 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 an Indian 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 Indian trust responsibility. 

This ICR provides for the collection of 

coal washing and transportation 

information for Indian leases. The 

information collected is essential for the 

royalty valuation process. Applicable 

citations include 25 U.S.C. 396d and the 

Indian Mineral Development Act of 

1982 (25 U.S.C. 2103) pertaining to 

Indian lands on which solid minerals 

are produced. The product valuation 

and allowance determination processes 

are essential to assure that the Indians 

receive payment on the full value of the 

minerals removed. 

In order to determine whether the 

amount of royalty paid is correct, the 

value of the coal being sold or otherwise 

disposed of in some other manner (for 

example, used by the lessee) must be 

established. Under some circumstances, 

the lessee may be authorized to deduct 

certain costs in the calculation of 

royalties due. The total of these 

authorized deductible costs is known as 

an allowance. An allowance may be 

granted to compensate the lessee for the 

reasonable actual cost of washing the 

royalty portion of the coal. Also, when 

the sales point is not in the immediate 

vicinity of a lease or mine area, an 

allowance may be granted to 

compensate the lessee for the reasonable 

actual cost of transporting the royalty 

portion of the coal to a sales point not 

on the lease or mine area. 

We developed Form MMS–4292, Coal 

Washing Allowance Report, and Form 

MMS–4293, Coal Transportation 

Allowance Report, for industry to use 

when reporting or requesting a washing 

or transportation allowance. 

Historically, the lessee requested 

approval of royalty deductions by 

submitting a letter, which provided 

information enabling the Department to 

evaluate the reasonableness of the 

deductions. Under the product 

valuation regulations at 30 CFR 206—

Product Valuation, subpart J—Indian 

Coal, we normally accept costs incurred 

under arm’s-length contracts for 

transporting and/or washing coal. (An 

arm’s-length contract is a contract or an 

agreement that has been arrived at in the 

marketplace between independent, 

nonaffiliated persons with opposing 

economic interests regarding that 

contract.) The regulations further 

provide that we normally accept the 

gross proceeds accruing to the lessee 

pursuant to their arm’s-length contract 

as being representative of value for ad 

valorem leases (see 30 CFR 

206.456(b)(1)). 

In those instances when Indian 

royalty coal is washed or transported 

under non-arm’s-length conditions, it is 

necessary for us to obtain cost data. This 

cost data enables us to accurately 

determine if the lessee correctly 

computed the coal value and the gross 

proceeds for royalty calculation 

purposes. 

Not collecting this information would 

limit the Secretary’s ability to discharge 

fiduciary duties and may also result in 

the inability to confirm accurate royalty 

value. The information that is collected 

under this ICR is essential for the 

royalty valuation process.

We are renewing this information 

collection request because of the 

possibility of 10 or more respondents in 

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62453

the future. The MMS has had no 

respondents for this information 

collection since the previous renewal; 

however, we are basing our calculations 

of the burden hours on 1 respondent, as 

we did for the previous renewal. 

Proprietary information submitted is 

protected, and there are no questions of 

a sensitive nature included in this 

information collection. 

Frequency: Annually. 

Estimated Number and Description of 

Respondents: 1 Indian lessee. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 4 hours. 

We base our calculations on the 

reasonable expectation of 2 responses 

from 1 Indian lessee. 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 subpart J Reporting requirement Hour

burden 

Average

number

annual

responses 

Annual

burden

hours 

Form MMS–4292, Coal Washing Allowance Report

206.458(a)(1), (b)(1), 

(c)(1)(i) and (iii), 

(c)(2)(i) and (iii).

Determination of washing allowances ................................................

(a) Arm’s-length contracts. (1) * * * However, before any deduction 

may be taken, the lessee must submit a completed page one of 

Form MMS–4292, Coal Washing Allowance Report * * *.

2 1 2 

(b) Non-arm’s-length or no contract.

(1) * * * However, before any estimated or actual deduction may 

be taken, the lessee must submit a completed Form MMS–4292 

* * *. 

(c) Reporting requirements. (1) Arm’s-length contracts. (i) * * * 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. * * * (iii) 

After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form MMS–4292 * * *. 

(2) Non-arm’s-length or no contract. (i) * * * 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’slength contract or no contract situation is reported on Form 

MMS–4430, Solid Minerals Production and Royalty Report. * * * 

(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–4293, Coal Transportation Allowance Report

206.461(a)(1), (b)(1), 

(c)(1)(i) and (iii), 

(c)(2)(i) and (iii).

Determination of transportation allowances .......................................

(a) Arm’s-length contracts. (1) * * * However, before any deduction 

may be taken, the lessee must submit a completed page one of 

Form MMS–4293, Coal Transportation Allowance Report * * *. 

2 1 2 

(b) Non-arm’s-length or no contract.

(1) * * * However, before any estimated or actual deduction may 

be taken, the lessee must submit a completed Form MMS–4293 

* * *. 

(c) Reporting requirements. (1) Arm’s-length contracts. (i) * * * 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. * * * 

(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form MMS–4293 * * *. 

(2) Non-arm’s-length or no contract. (i) * * * 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’slength contract or no contract situation is reported on Form 

MMS–4430, Solid Minerals Production and Royalty Report. * * * 

(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 

* * *. 

Total Burden ........ ............................................................................................................. ........................ 2 4 

62454 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 

Estimated Annual Reporting and 

Recordkeeping ‘‘Non-hour’’ Cost 

Burden: We have identified no ‘‘nonhour’’ cost burdens.

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 

26, 2004 (69 FR 15897), 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. 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 26, 

2004. 

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. Upon request, we 

will withhold an individual 

respondent’s home address from the 

public record, as allowable by law. 

There also may be circumstances in 

which we would withhold from the 

rulemaking record a respondent’s 

identity, as allowable by law. If you 

request that we withhold your name 

and/or address, state your request 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

MMS Information Collection 

Clearance Officer: Arlene Bajusz (202) 

208–7744.

Dated: September 10, 2004. 

Lucy Querques Denett, 

Associate Director for Minerals Revenue 

Management.

[FR Doc. 04–23938 Filed 10–25–04; 8:45 am] 

BILLING CODE 4310–MR–P

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–500] 

In the Matter of Certain Purple 

Protective Gloves; Notice of 

Commission Decision Not To Review 

an Initial Determination Finding a 

Violation of Section 337 and That the 

Domestic Industry Requirement Is Met; 

Schedule for Written Submissions on 

Remedy, Public Interest, and Bonding

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. 17) issued by the presiding 

administrative law judge (‘‘ALJ’’) 

finding a violation of section 337 and 

that the domestic industry requirement 

has been met in the above-captioned 

investigation.

FOR FURTHER INFORMATION CONTACT:

Michael Diehl, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3095. Copies of all nonconfidential 

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 be obtained by accessing its 

Internet server (http://www.usitc.gov). 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http://

edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

the matter can be obtained by contacting 

the Commission’s TDD terminal on 202–

205–1810.

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on November 26, 2003, based on a 

complaint filed by Kimberly-Clark 

Corporation and Safeskin Corporation 

(collectively ‘‘K-C/Safeskin’’). The 

complaint alleged violations of section 

337 of the Tariff Act of 1930 in the 

importation and sale of certain purple 

protective gloves by reason of 

infringement of U.S. Registered 

Trademark Nos. 2,596,539, 2,533,260, 

and 2,593,382. 

The complaint named seven 

respondents, six of which have entered 

into settlement agreements with K-C/

Safeskin. On May 24, 2004, the 

administrative law judge (‘‘ALJ’’) issued 

an initial determination (Order No. 15) 

terminating the investigation as to 

Latexx Partners Berhad and Medtexx 

Partners on the basis of a confidential 

settlement agreement. On June 1, 2004, 

the ALJ issued another initial 

determination (Order No. 16), 

terminating the investigation as to The 

Delta Group; Delta Hospital Supply, 

Inc.; Delta Medical Systems, Inc.; and 

Delta Medical Supply Group, Inc. on the 

basis of a settlement agreement and a 

consent order. The Commission 

determined not to review those initial 

determinations. 

The seventh respondent—Dash 

Medical Gloves, Inc. (‘‘Dash’’)—failed to 

reply to the complaint and notice of 

investigation. Dash subsequently 

indicated that it ‘‘will not oppose entry 

of a Default in this matter.’’ On May 24, 

2004, the ALJ issued an ID (Order No. 

14) finding Dash in default pursuant to 

Commission rule 210.16(a)(1). The 

Commission determined not to review 

the initial determination. 

On September 2, 2004, K-C/Safeskin 

filed a motion pursuant to Commission 

rule 210.18 for summary determination 

on the issues of violation of section 337 

and the existence of a domestic 

industry. The motion also sought a 

general exclusion order. On September 

13, 2004, the Commission’s 

Investigative Attorney (‘‘IA’’) filed a 

response in support of the motion. 

On September 23, 2004, the ALJ 

issued an initial determination (Order 

No. 17) finding ‘‘substantial, reliable, 

and probative evidence’’ of a violation 

of section 337 by reason of Dash’s 

importation and sale of the accused 

gloves and the existence of a domestic 

industry. No party petitioned for review