49330 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 

reference in the next update to the TIP 

compilation. 

(2) EPA Region 1 certifies that the 

rules/regulations provided by EPA in 

the TIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated tribal rules/regulations 

which have been approved as part of the 

Tribal Implementation Plan as of August 

13, 2009. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the New England Regional 

Office of EPA at One Congress Street, 

Suite 1100, Boston, MA 02114–2023; 

the U.S. Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Air and Radiation Docket and 

Information Center, MC 2822T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460 and the National 

Archives and Records Administration. If 

you wish to obtain material from the 

EPA Regional Office, please call 617– 

918–1653; for materials from the docket 

in EPA Headquarters Library, please call 

the Office of Air and Radiation docket 

at 202–566–1742. For information on 

the availability of this material at 

NARA, call 202–741–6030, or go to: 

http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(c) EPA-approved regulations. 

EPA-APPROVED MOHEGAN TRIBE OF INDIANS OF CONNECTICUT REGULATIONS

Tribal citation Title/subject Tribal effective 

date EPA approval date Explanations 

Mohegan Tribal Resolution.

2009–28 ........................

Approval of Amended Tribal Air 

Program Area Wide NOX Emission Limitation Regulation.

02/18/2009 09/29/09 [Insert Federal Register 

page number where the document begins].

Mohegan Tribal Resolution 2009–28 includes the ‘‘Area 

Wide NOx Emission 

Limitation Regulation.’’ 

Mohegan Tribal Gaming 

Authority Resolution 

MTGA 2009–07.

Confirmation and Approval of 

Amended Tribal Air Program 

‘‘Area Wide NOX Emission Limitation Regulation.’’.

2/18/2009 09/29/09 [Insert Federal Register 

page number where the document begins].

Memorandum of Agreement.Memorandum of Agreement dated 

December 26, 2006, between the 

Mohegan Tribe of Indians of Connecticut and the U.S. Environmental Protection Agency Region 

I.

12/26/06 11/14/07, 72 FR 63988..

[FR Doc. E9–23259 Filed 9–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Parts 3000 and 3200 

[L13100000 PP0000 LLWO310000; L1990000 

PO0000 LLWO320000] 

RIN 1004–AE01 

Minerals Management: Adjustment of 

Cost Recovery Fees 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Bureau of Land Management (BLM) 

mineral resources regulations to update 

some fees that cover the BLM’s cost of 

processing certain documents relating to 

its mineral programs and some filing 

fees for mineral-related documents. 

These updates include fees for actions 

such as lease applications, name 

changes, corporate mergers, and lease 

consolidations. 

DATES: This final rule is effective 

October 1, 2009. 

ADDRESSES: You may send inquiries or 

suggestions to Director (630), Bureau of 

Land Management, MS–LS 401, 1849 C 

Street, NW., Washington, DC 20240; 

Attention: RIN 1004–AE01. 

FOR FURTHER INFORMATION CONTACT: 

Steve Salzman, Acting Chief, Division of 

Fluid Minerals, (202) 452–7777, or Faith 

Bremner, Regulatory Affairs Analyst, 

(202) 452–5042. Persons who use a 

telecommunications device for the deaf 

(TDD) may leave a message for these 

individuals with the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339, 24 hours a day, 7 days 

a week. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The BLM has specific authority to 

charge fees for processing applications 

and other documents relating to public 

lands under Section 304 of the Federal 

Land Policy and Management Act of 

1976 (FLPMA), 43 U.S.C. 1734. In 2005, 

the BLM published a final cost recovery 

rule (70 FR 58854) establishing or 

revising certain fees and service charges, 

and establishing the method it would 

use to adjust those fees and service 

charges on an annual basis. 

At 43 CFR 3000.12(a), the regulations 

provide that the BLM will annually 

adjust fees established in Subchapter C 

according to changes in the Implicit 

Price Deflator for Gross Domestic 

Product (IPD–GDP), which is published 

quarterly by the U.S. Department of 

Commerce. See also 43 CFR 3000.10. 

Because the fee recalculations are 

simply based on a mathematical 

formula, we have changed the fees in 

this final rule without providing 

opportunity for notice and comment. 

This final rule will allow the BLM to 

update these fees and service charges by 

October 1 of this year, as required by the 

2005 regulation. The public had an 

opportunity to comment on this 

procedure during the comment period 

on the original cost recovery rule, and 

this new rule simply administers the 

procedure set forth in those regulations. 

The Department of the Interior, 

therefore, for good cause finds under 5 

U.S.C. 553(b)(B) and (d)(3) that notice 

and public comment procedures are 

unnecessary and that the rule may be 

effective less than 30 days after 

publication. 

II. Discussion of Final Rule 

BLM publishes a fee update rule each 

year, which becomes effective on 

October 1 of that year. The fee updates 

are based on the IPD–GDP for the 4th 


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Quarter of the preceding calendar year. 

BLM’s most recent fee update rule 

became effective on October 1, 2008, 73 

FR 54717 (Sept. 23, 2008), based on the 

IPD–GDP for 4th Quarter 2007. This fee 

update rule is based on the IPD–GDP for 

4th Quarter 2008, thus reflecting 

inflation over the four calendar quarters 

since 4th Quarter 2007. 

This rule continues the BLM’s past 

practice of rounding numbers to arrive 

at the final fee. Values equal to or 

greater than $1 are rounded to the 

nearest $5, while values under $1 are 

rounded to the nearest penny. 

In the 2007 fee update rule, 72 FR 

50882, Sept. 5, 2007, we attempted to 

move all references to fee amounts in 

specific program areas from the rule text 

to the fee table at 43 CFR 3000.12 for 

administrative convenience. While 

preparing this rule, we found that one 

reference to a specific fee amount 

remained at 43 CFR 3216.14, in an 

example relating to fees for transfer of 

geothermal lease interests. In this final 

rule, we have revised the language of 

that provision to remove reference to a 

specific fee amount. This revision is for 

administrative convenience and has no 

substantive effect. 

The calculations that resulted in the 

new fees are included in the table 

below. 

FIXED COST RECOVERY FEES FY09 

Document/action 

Existing 

fee 1

Existing 

value 2

IPD–GDP 

increase 3 New value 4 New fee 5

Oil & Gas (parts 3100, 3110, 3120, 3130, 3150): 

Noncompetitive lease application ..................................................... $365 $367.08 $7.60 $374.68 $375 

Competitive lease application ........................................................... 140 142.45 2.95 145.40 145 

Assignment and transfer of record title or operating rights .............. 80 82.18 1.70 83.88 85 

Overriding royalty transfer, payment out of production .................... 10 10.95 0.23 11.18 10 

Name change, corporate merger or transfer to heir/devisee ........... 190 191.75 3.97 195.72 195 

Lease consolidation .......................................................................... 405 405.43 8.39 413.82 415 

Lease renewal or exchange ............................................................. 365 367.08 7.60 374.68 375 

Lease reinstatement, Class I ............................................................ 70 71.22 1.47 72.69 75 

Leasing under right-of-way ............................................................... 365 367.08 7.60 374.68 375 

Geophysical exploration permit application—Alaska ....................... 25 .................... .................... .................... 25 6

Renewal of exploration permit—Alaska ........................................... 25 .................... .................... .................... 25 7

Geothermal (part 3200): 

Noncompetitive lease application ..................................................... 365 367.08 7.60 374.68 375 

Competitive lease application ........................................................... 140 142.45 2.95 145.40 145 

Assignment and transfer of record title or operating right ............... 80 82.18 1.70 83.88 85 

Name change, corporate merger or transfer to heir/devisee ........... 190 191.75 3.97 195.72 195 

Lease consolidation .......................................................................... 405 405.43 8.39 413.82 415 

Lease reinstatement ......................................................................... 70 71.22 1.47 72.69 75 

Nomination of lands .......................................................................... 105 102.57 2.12 104.69 105 

plus per acre nomination fee ..................................................... 0.10 0.10257 0.00212 0.10469 0.10 

Site license application ..................................................................... 55 54.79 1.13 55.92 55 

Assignment or transfer of site license .............................................. 55 54.79 1.13 55.92 55 

Coal (parts 3400, 3470): 

License to mine application .............................................................. 10 10.95 0.23 11.18 10 

Exploration license application ......................................................... 300 301.33 6.24 307.57 310 

Lease or lease interest transfer ........................................................ 60 60.27 1.25 61.52 60 

Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 

3500, 3580): 

Applications other than those listed below ....................................... 35 32.87 0.68 33.55 35 

Prospecting permit application amendment ..................................... 60 60.27 1.25 61.52 60 

Extension of prospecting permit ....................................................... 100 98.62 2.04 100.66 100 

Lease modification or fringe acreage lease ..................................... 25 27.40 0.57 27.97 30 

Lease renewal .................................................................................. 470 471.18 9.75 480.93 480 

Assignment, sublease, or transfer of operating rights ..................... 25 27.40 0.57 27.97 30 

Transfer of overriding royalty ............................................................ 25 27.40 0.57 27.97 30 

Use permit ........................................................................................ 25 27.40 0.57 27.97 30 

Shasta and Trinity hardrock mineral lease ....................................... 25 27.40 0.57 27.97 30 

Renewal of existing sand and gravel lease in Nevada .................... 25 27.40 0.57 27.97 30 

Multiple Use; Mining (Group 3700): 

Notice of protest of placer mining operations .................................. 10 10.95 0.23 11.18 10 

Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 

3870): 

Application to open lands to location ............................................... 10 10.95 0.23 11.18 10 

Notice of Location ............................................................................. 15 16.43 0.34 16.77 15 

Amendment of location ..................................................................... 10 10.95 0.23 11.18 10 

Transfer of mining claim/site ............................................................ 10 10.95 0.23 11.18 10 

Recording an annual FLPMA filing ................................................... 10 10.95 0.23 11.18 10 

Deferment of assessment work ........................................................ 100 98.62 2.04 100.66 100 

Recording a notice of intent to locate mining claims on 

Stockraising Homestead Act lands ............................................... 25 27.40 0.57 27.97 30 

Mineral patent adjudication 

(more than 10 claims) ............................................................... 2,760 2,761.31 57.16 2,818.47 2,820 

(10 or fewer claims) ................................................................... 1,380 1,380.65 28.58 1,409.23 1,410 

Adverse claim ................................................................................... 100 98.62 2.04 100.66 100 


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49332 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 

FIXED COST RECOVERY FEES FY09—Continued 

Document/action 

Existing 

fee 1

Existing 

value 2

IPD–GDP 

increase 3 New value 4 New fee 5

Protest .............................................................................................. 60 60.27 1.25 61.52 60 

1The Existing Fee was established by the 2008 cost recovery fee update rule published September 23, 2008 (73 FR 54717), effective October 

1, 2008. 2The Existing Value is the figure from the ‘‘New Value’’ column in the rule published September 23, 2008 (73 FR 54717). 

3From 4th Quarter 2007 to 4th Quarter 2008 the IPD–GDP increased by 2.07%. The value in the IPD–GDP Increase column is 2.07% of the 

Existing Fee. 4The sum of the Existing Value and IPD–GDP Increase is the New Value. 

5The New Fee for 2010 is the New Value rounded to the nearest 5.00 for values equal to or greater than 1.00, or to the nearest penny for values under 1.00. 6Section 365 of the Energy Policy Act of 2005 (Pub. L. 109–58) directed in subsection (i) that ‘‘the Secretary shall not implement a rulemaking 

that would enable an increase in fees to recover additional costs related to processing drilling-related permit applications and use authorizations.’’ 

In the 2005 cost recovery rule, the BLM interpreted this prohibition to apply to geophysical exploration permits. 70 FR 58854—58855. While the 

$25 fees for geophysical exploration permit applications for Alaska and renewals of exploration permits for Alaska pre-dated the 2005 cost recovery rule and were not affected by the Energy Policy Act prohibition, we interpret the provision quoted as prohibiting us from increasing this $25 

fee. 7We interpret the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting us from increasing this $25 fee, as well. 

Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of Economic Analysis. 

III. How Fees Are Adjusted 

The figures in the ‘‘New Value’’ 

column in the table above, not those in 

the ‘‘New Fee’’ column, will be used in 

the following year as the basis for 

calculating the annual adjustment to 

these fees. Because the new values are 

rounded to the nearest $5.00, or the 

nearest penny for fees under $1.00, in 

setting the new fees, future fees based 

on the figures in the ‘‘New Fee’’ column 

would become significantly over-orunder-valued over time. In today’s rule, 

the figures in the Existing Value column 

are from the New Value column in the 

final rule of September 23, 2008. 

However, if the ‘‘New Value’’ column is 

blank because the fee was not updated 

in this rule, future adjustments will be 

based on the figures in the ‘‘New Fee’’ 

column. Adjustments to future fees will 

be made by multiplying the annual 

change in the IPD–GDP by the reported 

New Value in the previous year’s rule. 

This calculation will define a new value 

for that year, which will then be 

rounded to the nearest $5.00, or the 

nearest penny for fees under $1.00, to 

establish the new adjusted fee. 

IV. Procedural Matters 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule and the Office of Management and 

Budget has not reviewed this rule under 

Executive Order 12866. We have made 

the assessments required by E.O. 12866 

and the results are given below. 

The BLM has determined that the rule 

will not have an annual effect on the 

economy of $100 million or more. It will 

not adversely affect in a material way 

the economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities. The changes in today’s 

rule are much smaller than those in the 

2005 or 2007 final rules, which did not 

approach the threshold in E.O. 12866. 

For instructions on how to view a copy 

of the analysis prepared in conjunction 

with the 2005 final rule, please contact 

one of the persons listed in the FOR

FURTHER INFORMATION CONTACT section, 

above. 

This rule will not create 

inconsistencies or otherwise interfere 

with an action taken or planned by 

another agency. This rule does not 

change the relationships of the onshore 

minerals programs with other agencies’ 

actions. These relationships are 

included in agreements and memoranda 

of understanding that would not change 

with this rule. 

In addition, this final rule does not 

materially affect the budgetary impact of 

entitlements, grants, or loan programs, 

or the rights and obligations of their 

recipients. This rule does apply an 

inflation factor that increases some 

existing user fees for processing 

documents associated with the onshore 

minerals programs. However, most of 

these fee increases are less than 3 

percent and none of the increases 

materially affects the budgetary impact 

of user fees. 

Finally, this rule will not raise novel 

legal issues. As explained above, this 

rule simply implements an annual 

process to account for inflation that was 

proposed and explained in the 2005 cost 

recovery rule. 

The Regulatory Flexibility Act 

This final rule will not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). A Regulatory 

Flexibility Analysis is not required. 

Accordingly, a Small Entity Compliance 

Guide is not required. For the purposes 

of this section, a small entity is defined 

by the Small Business Administration 

(SBA) for mining (broadly inclusive of 

metal mining, coal mining, oil and gas 

extraction, and the mining and 

quarrying of nonmetallic minerals) as an 

individual, limited partnership, or small 

company considered to be at arm’s 

length from the control of any parent 

companies, with fewer than 500 

employees. The SBA defines a small 

entity differently, however, for leasing 

Federal land for coal mining. A coal 

lessee is a small entity if it employs not 

more than 250 people, including people 

working for its affiliates. 

The SBA would consider many, if not 

most, of the operators the BLM works 

with in the onshore minerals programs 

to be small entities. The BLM notes that 

this final rule does not affect service 

industries, for which the SBA has a 

different definition of ‘‘small entity.’’ 

The final rule will affect a large 

number of small entities since nearly all 

of them will face fee increases for 

activities on public lands. However, we 

have concluded that the effects will not 

be significant. Most of the fixed fee 

increases will be less than 3 percent as 

a result of this final rule. The 

adjustments result in no increase in the 

fee for the processing of 20 documents 

relating to the BLM’s minerals 

programs. The highest adjustment is for 

mineral patent adjudications involving 

more than 10 mining claims, which will 

be increased by $60.00. For the 2005 

final rule, the BLM completed a 

threshold analysis which is available for 

public review in the administrative 

record for that rule. (For instructions on 

how to view a copy of that analysis, 

please contact one of the persons listed 

in the FOR FURTHER INFORMATION

CONTACT section, above.) The analysis 

for the 2005 rule concluded that the fees 


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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 49333 

would not have a significant economic 

effect on a substantial number of small 

entities. The fee increases implemented 

in today’s rule are substantially smaller 

than those provided for in the 2005 rule. 

The Small Business Regulatory 

Enforcement Fairness Act 

This final rule is not a ‘‘major rule’’ 

as defined at 5 U.S.C. 804(2). The final 

rule will not have an annual effect on 

the economy greater than $100 million; 

it will not result in major cost or price 

increases for consumers, industries, 

government agencies, or regions; and it 

will not have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

For the 2005 final rule, which 

established the fee adjustment 

procedure that this rule implements, the 

BLM completed a threshold analysis, 

which is available for public review in 

the administrative record for that rule. 

The fee increases implemented in 

today’s rule are substantially smaller 

than those provided for in the 2005 rule. 

Executive Order 13132, Federalism 

This final rule will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. In accordance 

with Executive Order 13132, therefore, 

we find that the final rule does not have 

significant Federalism effects. A 

Federalism assessment is not required. 

The Paperwork Reduction Act of 1995 

These regulations contain information 

collection requirements. As required by 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), we submitted 

a copy of the proposed information 

collection requirements to the Office of 

Management and Budget (OMB) for 

review. The OMB approved the 

information collection requirements 

under the following Control Numbers: 

Oil and Gas 

(1) 1004–0034 which expires July 31, 

2012; 

(2) 1004–0137 which expires July 31, 

2010; 

(3) 1004–0162 which expires May 31, 

2012; 

(4) 1004–0185 which expired July 31, 

2009, renewal pending; 

Geothermal 

(5) 1004–0132 which expires July 31, 

2010; 

Coal 

(6) 1004–0073 which expires March 

31, 2010; 

Mining Claims 

(7) 1004–0025 which expires 

November 30, 2009; 

(8) 1004–0114 which expires February 

28, 2010; and 

Leasing of Solid Minerals Other Than 

Oil Shale 

(9) 1004–0121 which expires 

November 30, 2009. 

Takings Implication Assessment 

(Executive Order 12630) 

As required by Executive Order 

12630, the Department of the Interior 

has determined that this rule will not 

cause a taking of private property. No 

private property rights will be affected 

by a rule that merely reports changes in 

service fees. The Department therefore 

certifies that this final rule does not 

represent a governmental action capable 

of interference with constitutionally 

protected property rights. 

Civil Justice Reform (Executive Order 

12988) 

In accordance with Executive Order 

12988, the BLM finds that this final rule 

will not unduly burden the judicial 

system and meets the requirements of 

sections 3(a) and 3(b)(2) of the Executive 

Order. 

The National Environmental Policy Act 

(NEPA) 

The BLM has determined that this 

final rule is administrative and involves 

only procedural changes addressing fee 

requirements. In promulgating this rule, 

the government is conducting routine 

and continuing government business of 

an administrative nature having limited 

context and intensity. Therefore, it is 

categorically excluded from 

environmental review under section 

102(2)(C) of NEPA, pursuant to 516 DM 

2.3A and 516 DM 2, Appendix 1, Items 

1.7 and 1.10. In addition, the final rule 

does not meet any of the 10 criteria for 

exceptions to categorical exclusions 

listed in 516 DM 2, Appendix 2. 

Pursuant to Council on 

Environmental Quality regulation (40 

CFR 1508.4 et seq.) and the 

environmental policies and procedures 

of the Department of the Interior, the 

term ‘‘categorical exclusions’’ means 

categories of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment and which have been 

determined to have no such effect in 

procedures adopted by a Federal 

agency, and therefore require neither an 

environmental assessment nor an 

environmental impact statement. 

The Unfunded Mandates Reform Act of 

1995 

The BLM has determined that this 

final rule is not significant under the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq, because it 

will not result in State, local, private 

sector, or Tribal government 

expenditures of $100 million or more in 

any one year. 2 U.S.C. 1532. This rule 

will not significantly or uniquely affect 

small governments. Therefore, the BLM 

is not required to prepare a statement 

containing the information required by 

the Unfunded Mandates Reform Act. 

Consultation and Coordination With 

Indian Tribal Governments (Executive 

Order 13175) 

In accordance with Executive Order 

13175, the BLM has determined that 

this final rule does not include policies 

that have Tribal implications. A key 

factor is whether the rule would have 

substantial direct effects on one or more 

Indian Tribes. The BLM has not found 

any substantial direct effects. 

Consequently, the BLM did not utilize 

the consultation process set forth in 

section 5 of the Executive Order. 

Information Quality Act 

In developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Information Quality Act (Pub. L. 106– 

554). 

Effects on the Nation’s Energy Supply 

(Executive Order 13211) 

In accordance with Executive Order 

13211, the BLM has determined that 

this final rule is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. The 

distribution of or use of energy would 

not be unduly affected by this final rule. 

It merely adjusts certain administrative 

cost recovery fees to account for 

inflation. 

Author 

The principal author of this rule is 

Steve Salzman, Division of Fluid 

Minerals, assisted by Faith Bremner of 

the Division of Regulatory Affairs, 

Bureau of Land Management. 


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49334 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 

List of Subjects in 43 CFR Parts 3000 

and 3200 

Public lands—mineral resources, 

Reporting and recordkeeping 

requirements. 

Ned Farquhar, 

Acting Assistant Secretary—Land and 

Minerals Management. 

■ For reasons stated in the preamble, the 

Bureau of Land Management amends 43 

CFR Chapter II as follows: 

PART 3000—MINERALS 

MANAGEMENT: GENERAL 

■ 1. The authority citation for part 3000 

continues to read as follows: 

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 

181 et seq., 301–306, 351–359, and 601 et 

seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 

42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and 

Pub. L. 97–35, 95 Stat. 357. 

Subpart 3000—General 

■ 2. Amend § 3000.12 by revising 

paragraph (a) and the table following 

paragraph (b) to read as follows: 

§ 3000.12 What is the fee schedule for 

fixed fees? 

(a) The table in this section shows the 

fixed fees that you must pay to BLM for 

the services listed for Fiscal Year 2010. 

These fees are nonrefundable and must 

be included with documents you file 

under this chapter. Fees will be adjusted 

annually according to the change in the 

Implicit Price Deflator for Gross 

Domestic Product (IPD–GDP) by way of 

publication of a final rule in the Federal 

Register, and will subsequently be 

posted on the BLM Web site (http:// 

www.blm.gov) before October 1 each 

year. Revised fees are effective each year 

on October 1. 

* * * * * 

FY 2010 PROCESSING AND FILING FEE TABLE

Document/action FY 2010 fee 

Oil & Gas (parts 3100, 3110, 3120, 3130, 3150): 

Noncompetitive lease application ....................................................................................................................... $375 

Competitive lease application ............................................................................................................................. 145 

Assignment and transfer of record title or operating rights ................................................................................ 85 

Overriding royalty transfer, payment out of production ...................................................................................... 10 

Name change, corporate merger or transfer to heir/devisee ............................................................................. 195 

Lease consolidation ............................................................................................................................................ 415 

Lease renewal or exchange ............................................................................................................................... 375 

Lease reinstatement, Class I .............................................................................................................................. 75 

Leasing under right-of-way ................................................................................................................................. 375 

Geophysical exploration permit application—Alaska .......................................................................................... 25 

Renewal of exploration permit—Alaska .............................................................................................................. 25 

Geothermal (part 3200): 

Noncompetitive lease application ....................................................................................................................... 375 

Competitive lease application ............................................................................................................................. 145 

Assignment and transfer of record title or operating rights ................................................................................ 85 

Name change, corporate merger or transfer to heir/devisee ............................................................................. 195 

Lease consolidation ............................................................................................................................................ 415 

Lease reinstatement ........................................................................................................................................... 75 

Nomination of lands ............................................................................................................................................ 105 

plus per acre nomination fee ....................................................................................................................... 0.10 

Site license application ....................................................................................................................................... 55 

Assignment or transfer of site license ................................................................................................................ 55 

Coal (parts 3400, 3470): 

License to mine application ................................................................................................................................ 10 

Exploration license application ........................................................................................................................... 310 

Lease or lease interest transfer .......................................................................................................................... 60 

Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580): 

Applications other than those listed below ......................................................................................................... 35 

Prospecting permit application amendment ....................................................................................................... 60 

Extension of prospecting permit ......................................................................................................................... 100 

Lease modification or fringe acreage lease ....................................................................................................... 30 

Lease renewal ..................................................................................................................................................... 480 

Assignment, sublease, or transfer of operating rights ........................................................................................ 30 

Transfer of overriding royalty .............................................................................................................................. 30 

Use permit ........................................................................................................................................................... 30 

Shasta and Trinity hardrock mineral lease ......................................................................................................... 30 

Renewal of existing sand and gravel lease in Nevada ...................................................................................... 30 

Multiple Use; Mining (part 3730): 

Notice of protest of placer mining operations ..................................................................................................... 10 

Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870): 

Application to open lands to location .................................................................................................................. 10 

Notice of location * .............................................................................................................................................. 15 

Amendment of location ....................................................................................................................................... 10 

Transfer of mining claim/site ............................................................................................................................... 10 

Recording an annual FLPMA filing ..................................................................................................................... 10 

Deferment of assessment work .......................................................................................................................... 100 

Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ............................ 30 

Mineral patent adjudication ................................................................................................................................. 2,820 (more than 10 claims). 

1,410 (10 or fewer claims). 

Adverse claim ..................................................................................................................................................... 100 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 49335 

FY 2010 PROCESSING AND FILING FEE TABLE—Continued 

Document/action FY 2010 fee 

Protest ................................................................................................................................................................. 60 

* To record a mining claim or site location, you must pay this processing fee along with the initial maintenance fee and the one-time location 

fee required by statute. 43 CFR part 3833 

PART 3200—GEOTHERMAL 

RESOURCE LEASING 

■ 3. The authority citation for part 3200 

continues to read as follows: 

Authority: 30 U.S.C. 1001–1028; 43 U.S.C. 

1701 et seq.; and Pub. L. 109–58. 

Subpart 3216—Transfers 

■ 4. Amend § 3216.14 by revising the 

third sentence of the first paragraph to 

read as follows: 

§ 3216.14 What filing fees and forms does 

a transfer require? 

* * * For example, if you are 

transferring record title for three leases, 

submit three times the fee for 

‘‘Assignment and transfer of record title 

or operating rights’’ in the fee schedule 

in § 3000.12 of this chapter. * * * 

[FR Doc. E9–23268 Filed 9–25–09; 8:45 am] 

BILLING CODE 4310–84–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 03–66; FCC 09–70] 

Facilitating the Provision of Fixed and 

Mobile Broadband Access, 

Educational and Other Advanced 

Services in the 2150–2162 and 2500– 

2690 MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission addresses two issues with 

respect to two petitions for 

reconsideration filed in response to the 

Fourth Memorandum Opinion and 

Order. First, the Commission changes its 

policy regarding the ‘‘start date’’ of 

Educational Broadband Service (EBS) 

excess capacity lease agreements. 

Second, the Commission amends its 

rules to permit BRS 1 and 2/2A 

licensees to simultaneously operate, 

post-transition, in the 2.1 GHz band and 

in the 2.5 GHz band. The Commission 

makes these changes to facilitate the 

provision of the broadband and other 

new and innovative wireless services in 

the 2.5 GHz band, to ensure that the 

spectrum is put in use, and to promote 

rapid service to the public. 

DATES: Effective October 28, 2009. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Nancy M. Zaczek, Wireless 

Telecommunications Bureau, 

Broadband Division, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554, at 

(202) 418–0274 or via the Internet to 

Nancy.Zaczek@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Fifth 

Memorandum Opinion and Order, FCC 

09–70, adopted on September 8, 2009 

and released on September 11, 2009. 

The full text of this document, 

including attachments and related 

documents is available for public 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Room CY–A257, 

445 12th Street, SW., Washington, DC 

20554. The complete text of these 

documents and related Commission 

documents may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc. (BCPI), 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554, (202) 

488–5300 or (800) 378–3160, contact 

BCPI at its Web site: http:// 

www.bcpiweb.com. When ordering 

documents from BCPI, please provide 

the appropriate FCC document number, 

for example, FCC 09–70. The complete 

text of these documents is also available 

on the Commission’s Web site at 

http://wireless.fcc.gov/edocs_public/

attachment/FCC-09-70A1doc. This full 

text may also be downloaded at: 

http://wireless.fcc.gov/releases.html. 

Alternative formats (computer diskette, 

large print, audio cassette, and Braille) 

are available by contacting Brian Millin 

at (202) 418–7426, TTY (202) 418–7365, 

or via e-mail to bmillin@fcc.gov. 

Summary 

I. Introduction 

1. In this Fifth Memorandum Opinion 

and Order, the Commission grants, in 

part, two petitions for reconsideration of 

the Broadband Radio Service (BRS)/ 

Educational Broadband Service (EBS) 

Fourth Memorandum Opinion and 

Order adopted on March 18, 2008 and 

released on March 20, 2008, 73 FR 

26032 (May 8, 2008). 

2. The first issue we address on 

reconsideration concerns how the 

Commission should implement the 15- 

year term limit for grandfathered EBS 

leases (i.e. leases entered into before 

January 10, 2005) that it established in 

the BRS/EBS Fourth MO&O. The item 

adopts an unopposed compromise 

proposal negotiated between the 

National EBS Association (NEBSA)— 

which represents educational interests 

that hold EBS licenses—and the 

Wireless Communications Association 

International, Inc. (WCA)—which 

represents commercial operators that 

lease spectrum from EBS licensees. Our 

adoption of the NEBSA/WCA Proposal 

balances the concerns of both educators 

and commercial lessees. 

3. The second issue we address on 

reconsideration concerns whether the 

Commission should permit BRS 1 and 

2/2A licensees to simultaneously 

operate, post-transition, in the 2.1 GHz 

band and in the 2.5 GHz band until all 

of their customers have migrated to the 

2.5 GHz band. This determination is 

consistent with the Commission’s 

decision in the BRS/EBS Fourth 

Memorandum Opinion and Order to 

permit such simultaneous operation 

pre-transition in order to avoid 

requiring BRS operators to flash cut 

subscribers to the new band plan. 

II. Issues on Reconsideration 

A. Grandfathered EBS Leases 

4. Background. The Commission 

established the Instructional Television 

Fixed Service (ITFS) in the 2500–2690 

MHz band in 1963 and later adopted 

rules for the Multipoint Distribution 

Service (MDS). ITFS was generally used 

for one-way video service for students. 

MDS was generally used to provide 

wireless cable service to subscribers. In 

1983, noting that the ITFS was being 

underutilized, the Commission 

permitted ITFS licensees to lease excess 

channel capacity to commercial MDS 

operators. In 2004, the Commission 

renamed ITFS as the Educational 

Broadband Service (EBS) and MDS as 

the Broadband Radio Service (BRS). 

5. The Commission’s policy regarding 

the length of EBS leases has evolved 


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