Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 5317 

PART 275—RULES AND 

REGULATIONS, INVESTMENT 

ADVISERS ACT OF 1940 

12. The authority citation for part 275 

continues to read in part as follows: 

Authority: 15 U.S.C. 80b–2(a)(11)(G), 80b– 

2(a)(17), 80b–3, 80b–4, 80b–4a, 80b–6(4), 

80b–6a, and 80b–11, unless otherwise noted. 

* * * * * 

13. Amend § 275.204A–1, paragraph 

(e)(7) by removing the references to 

‘‘4(6)’’ and ‘‘77d(6)’’ and adding in their 

places ‘‘4(5)’’and ‘‘77d(5)’’, respectively. 

By the Commission. 

Dated: January 25, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–1922 Filed 1–28–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1206 

[Docket No. BOEM–2010–0062] 

Notice of Intent To Establish an Indian 

Oil Valuation Negotiated Rulemaking 

Committee 

AGENCY: Office of Natural Resources 

Revenue (ONRR), Interior. 

ACTION: Notice of intent; request for 

nominees and comments. 

SUMMARY: The Office of Natural 

Resources Revenue (ONRR) is 

announcing its intent to establish an 

Indian Oil Valuation Negotiated 

Rulemaking Committee (Committee). 

The Committee will develop specific 

recommendations regarding proposed 

revisions to the existing regulations for 

oil production from Indian leases, 

especially the major portion valuation 

requirement. The Committee will 

include representatives of parties who 

would be affected by a final rule. The 

ONRR solicits comments on this 

initiative and requests interested parties 

to nominate representatives for 

membership on the Committee. 

DATES: Submit nominations to the 

Committee or written comments on this 

notice on or before March 2, 2011 

ADDRESSES: You may submit 

nominations to the Committee or 

comments on this notice by any of the 

following methods. 

• Electronically go to http:// 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter BOEM– 

2010–0062, and then click search. 

Follow the instructions to submit public 

comments or nominations. The ONRR 

will post all comments. 

• Mail comments or nominations to 

Hyla Hurst, Regulatory Specialist, Office 

of Natural Resources Revenue, P.O. Box 

25165, MS 61013B, Denver, Colorado 

80225. Please reference the Docket No. 

BOEM–2010–0062 in your comments. 

• Hand-carry comments or use an 

overnight courier service. Our courier 

address is Building 85, Room A–614, 

Denver Federal Center, West 6th Ave. 

and Kipling St., Denver, Colorado 

80225. Please reference the Docket No. 

BOEM–2010–0062 in your comments. 

FOR FURTHER INFORMATION CONTACT: John 

Barder, Western Audit and Compliance 

Management, ONRR; telephone (303) 

231–3702; fax (303) 231–3473; e-mail to 

John.Barder@onrr.gov. Mailing address: 

Office of Natural Resources Revenue, 

Western Audit and Compliance 

Management, Denver B, P.O. Box 25165, 

MS 62220B, Denver, Colorado 80225– 

0165. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The existing rule for valuation of oil 

produced from Indian leases, codified at 

30 CFR part 1206, subpart B, was 

published on January 15, 1988 (53 FR 

1184), effective March 1, 1988. Since 

then, many changes have occurred in 

the oil market. Also, concerns have 

arisen about the need for revised 

valuation methodologies to address 

paragraph 3(c) of standard Indian oil 

and gas leases, such as the major portion 

analysis requirement for valuation of oil 

production from Indian leases. 

The Minerals Revenue Management 

(MRM) division of the Minerals 

Management Service (MMS), now 

ONRR, published proposed rules for 

Indian oil valuation in February 1998 

(63 FR 7089) and in January 2000 (65 FR 

403). Each of these proposed rules was 

subsequently withdrawn because of 

market changes and the passage of time. 

In addition, eight public meetings were 

held during 2005 to consult with Indian 

tribes and individual Indian mineral 

owners and to obtain information from 

interested parties. Then a third 

proposed rule was published in 

February 2006 (71 FR 7453). Tribal and 

industry commenters on the 2006 

proposed rule did not agree on most 

issues regarding oil valuation, and none 

of the commenters supported the major 

portion provisions. 

The Royalty Policy Committee’s 

Indian Oil Valuation Subcommittee 

evaluated the 2006 proposed rule but 

was unable to reach consensus about 

how the Department should proceed. 

Thus, MRM (now ONRR) decided to 

make only technical amendments to the 

existing Indian oil valuation regulations 

and to convene a negotiated rulemaking 

committee to make specific 

recommendations regarding the major 

portion provision. A final rule was 

published on December 17, 2007 (72 FR 

71231), addressing the technical 

amendments. After publication of the 

final rule, MRM (now ONRR) started the 

process of forming the Indian Oil 

Valuation Negotiated Rulemaking 

Committee. However, the process was 

delayed because of the change in 

Administration. On June 8, 2010, the 

Secretary of the Interior signed a 

decision memorandum giving approval 

to go forward with establishing the 

Indian Oil Valuation Negotiated 

Rulemaking Committee. 

II. Statutory Provisions 

The Negotiated Rulemaking Act of 

1996 (NRA) (5 U.S.C 561 et seq.); the 

Federal Advisory Committee Act 

(FACA) (5 U.S.C. Appendix 2, section 1 

et seq.); the Indian Mineral 

Development Act of 1982 (25 U.S.C. 

2101–2108); the Indian Mineral Leasing 

Act of 1938 (25 U.S.C. 396a–g); the Act 

of March 3, 1909 (25 U.S.C. 396); 25 

CFR parts 211, 212; and 225; 30 CFR 

part 1206; and Indian oil and gas lease 

and agreement terms. 

III. The Committee and Its Process 

In a negotiated rulemaking, the 

provisions for a proposed rule are 

developed by a committee composed of 

representatives of government and the 

interests that will be significantly 

affected by the rule. Decisions are made 

by ‘‘consensus.’’ 

‘‘[C]onsensus’’ means unanimous 

concurrence among the interests represented 

on a negotiated rulemaking committee 

established under this subchapter, unless 

such committee (A) agrees to define such 

term to mean a general but not unanimous 

concurrence; or (B) agrees upon another 

specified definition. 

5 U.S.C. 562(2) (A) and (B). 

The negotiated rulemaking process is 

initiated by the agency’s identification 

of interests potentially affected by the 

rulemaking under consideration. By this 

notice, ONRR is soliciting comments on 

this action. 

Following receipt of nominations or 

comments, ONRR will establish the 

Negotiated Rulemaking Committee 

representing the identified interests to 

develop the provisions of a proposed 

rule. The ONRR will be a member of the 

Committee to represent the Federal 

Government’s statutory mission. The 

Committee will be chaired by a 

facilitator. After the Committee reaches 

consensus on the provisions of a 


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5318 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 

proposed rule, as discussed in more 

detail below, ONRR will develop a 

proposed rule to be published in the 

Federal Register. 

Under 30 U.S.C. 563, the head of the 

agency is required to determine that the 

use of the negotiated rulemaking 

procedure is in the public interest. In 

making such a determination, the 

agency head must consider certain 

factors. Taking these factors into 

account, ONRR has determined that a 

negotiated rulemaking is in the public 

interest because: 

1. A rule is needed. Royalty payors 

have considerable difficulty in 

complying with the current regulations. 

2. A limited number of identifiable 

interests will be significantly affected by 

the rule. Such interests are oil and gas 

companies who produce oil and pay 

royalties on Indian leases, and Indian 

tribes and individual Indian mineral 

owners who receive royalties from oil 

produced from Indian leases located on 

their lands. 

3. There is a reasonable likelihood 

that the Committee can be convened 

with a balanced representation of 

persons who can adequately represent 

the interests discussed in item 2 above 

and who are willing to negotiate in good 

faith to attempt to reach a consensus on 

provisions of a proposed rule. 

4. There is a reasonable likelihood 

that the Committee will reach consensus 

on a proposed rule within a fixed period 

of time. This objective was 

accomplished with the current Indian 

gas valuation regulations, which added 

certainty and simplicity through the 

negotiated rulemaking process. 

5. The use of negotiated rulemaking 

will not unreasonably delay the 

development of a proposed rule because 

time limits will be placed on the 

negotiation. We anticipate that 

negotiation will expedite a proposed 

rule and ultimately the acceptance of a 

final rule. 

6. The ONRR is making a commitment 

to ensure that the Committee has 

sufficient resources to complete its work 

in a timely fashion. 

7. The ONRR, to the maximum extent 

possible and consistent with the legal 

obligations of the agency, will use 

consensus of the Committee as the basis 

for a proposed rule for public notice and 

comment. 

IV. Negotiated Rulemaking Procedures 

In compliance with FACA and NRA, 

ONRR will use the following procedures 

and guidelines for this negotiated 

rulemaking. The ONRR may modify 

them in response to comments received 

on this notice or during the negotiation 

process. 

A. Committee Formation 

The Committee will be formed and 

operated in full compliance with the 

requirements of FACA and NRA and 

specifically under the guidelines of its 

charter. 

B. Interests Involved 

The ONRR intends to ensure full and 

adequate representation of those 

interests that are expected to be 

significantly affected by the proposed 

rule. Under 30 U.S.C. 562(5), ‘‘‘interest’ 

means with respect to an issue or 

matter, multiple parties which have a 

similar point of view or which are likely 

to be affected in a similar manner.’’ As 

discussed above, ONRR believes the 

interests significantly affected are oil 

and gas companies who produce oil and 

pay royalties on Indian leases, and 

Indian tribes and individual Indian 

mineral owners who receive royalties 

from oil produced from Indian leases 

located on their lands. 

C. Members 

The Committee should not exceed 25 

members, and ONRR prefers 15. The 

ONRR will provide at least two 

members plus a facilitator. The 

facilitator will not count against the 

membership and will not be a voting 

member. 

Responsibility for expenses is stated 

under 30 U.S.C. 568(c) as follows: 

Members of a negotiated rulemaking 

committee shall be responsible for their own 

expenses of participation in such committee, 

except that an agency may, in accordance 

with section 7(d) of the Federal Advisory 

Committee Act, pay for a member’s 

reasonable travel and per diem expenses, 

expenses to obtain technical assistance, and 

a reasonable rate of compensation, if— 

(1) such member certifies a lack of 

adequate financial resources to participate in 

the committee; and 

(2) the agency determines that such 

member’s participation in the committee is 

necessary to assure an adequate 

representation of the member’s interest. 

Therefore, ONRR commits to pay the 

travel and per diem expenses of 

Committee members if appropriate 

under the NRA and Federal travel 

regulations. 

D. Request for Nominations 

The ONRR solicits nominations for 

appointment to membership on the 

Committee. Members can be individuals 

or representatives of organizations. An 

organization should identify the 

individual who will be its 

representative. 

Committee members need to have 

authorization to negotiate on behalf of 

their interests and be willing to 

negotiate in good faith. The ONRR 

interprets good faith to include a 

willingness to (1) bring all issues to the 

table; and (2) not to discuss the issues 

in other forums. Good faith also 

includes a willingness to move away 

from taking adversarial positions and 

instead to explore openly all relevant 

and productive ideas that may emerge 

from the discussion of the Committee. 

Authorization for each application or 

nomination must include: 

1. The name of the applicant or 

nominee and a description of the 

interests such person will represent; 

2. A description of the person’s 

qualifications and expertise regarding 

those interests; 

3. A statement whether the 

participant will be seeking agency 

resources to participate on the 

Committee; and 

4. A written commitment of the 

applicant or nominee to actively 

participate in good faith in the 

negotiated rulemaking and keep all 

issues at the table. 

E. Tentative Schedule 

If ONRR publishes a notice 

establishing the Committee, after 

considering comments and applications 

submitted in response to this notice, it 

will publish a list of proposed members 

as a result of the nominations received 

from this notice, a solicitation for 

comments on the proposed membership 

of the Committee, and an explanation of 

how a person may apply or nominate 

another person for membership. The 

notice establishing the Committee will 

also include a proposed agenda and 

schedule for completing the work of the 

Committee, including a target date for 

publication by the agency of a proposed 

rule for notice and comment. Further, 

the notice establishing the Committee 

will include a description of 

administrative support for the 

committee to be provided by ONRR, 

including technical assistance. The 

Committee will agree on dates, times, 

and locations of meetings. The ONRR 

plans to terminate the Committee if it 

does not reach consensus on the 

provisions of a proposed rule within 24 

months of the first meeting. The 

Committee may end earlier upon the 

promulgation of the final rule under 

consideration, or if the ONRR, after 

consulting with the Committee, or the 

Committee itself specifies an earlier 

termination date. 

V. Request for Nominations and 

Comments 

To comply with negotiated 

rulemaking procedures, ONRR invites 

written comments on this initiative and 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 5319 

nominations for the negotiated 

rulemaking Committee. Written 

comments are specifically requested on 

the suitability of using the negotiated 

rulemaking procedure to develop a 

proposed valuation rule for oil 

production from Indian leases. 

Nominations are for all interests that 

could be affected by an Indian oil 

valuation rulemaking and must comply 

with paragraph IV. D., Request for 

Nominations, of this notice. All 

nominations and written comments 

must be sent to an appropriate address 

as listed in the ADDRESSES section of this 

notice. 

Certification 

For the above reasons, I hereby certify 

that the Indian Oil Valuation Negotiated 

Rulemaking Committee is in the public 

interest. 

Dated: January 25, 2011. 

Ken Salazar, 

Secretary, Department of the Interior. 

[FR Doc. 2011–2103 Filed 1–28–11; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0860; FRL–9249–4] 

Revisions to the California State 

Implementation Plan, Santa Barbara 

Air Pollution Control District, Placer 

County Air Pollution Control District, 

Antelope Valley Air Quality 

Management District, and Ventura 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Santa Barbara Air 

Pollution Control District (SBAPCD), 

Placer County Air Pollution Control 

District (PCAPCD), Antelope Valley Air 

Quality Management District 

(AVAQMD), and Ventura County Air 

Pollution Control District (VCAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

gasoline bulk plants, terminals and 

vehicle dispensing facilities. We are 

proposing to approve local rules to 

regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by March 2, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0860, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

David Grounds, EPA Region IX, (415) 

972–3019, grounds.david@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: VCAPCD Rule 70, AVAQMD Rule 

461, PCAPCD Rule 215, and SBAPCD 

Rule 316. In the Rules and Regulations 

section of this Federal Register, we are 

approving these local rules in a direct 

final action without prior proposal 

because we believe these SIP revisions 

are not controversial. If we receive 

adverse comments, however, we will 

publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: December 21, 2010. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2011–1923 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2008–0558; FRL9260–8] 

RIN 2060–AP17 

Regulation of Fuel and Fuel Additives: 

Alternative Test Method for Olefins in 

Gasoline 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to allow 

refiners and laboratories to use an 

alternative test method for olefin 

content in gasoline. This proposed rule 

will provide flexibility to the regulated 

community by allowing an additional 

test method for compliance 

measurement while maintaining 

environmental benefits achieved from 

our fuels programs. 

DATES: Comments or a request for a 

public hearing must be received on or 

before March 2, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

HQ–OAR–2008–0558, by one of the 

following methods: 

Æ http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

Æ E-mail: a-and-r-Docket@epa.gov. 

Æ Fax: (202) 566–9744. 

Æ Mail: ‘‘EPA–HQ–OAR–2008–0558, 

Environmental Protection Agency, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS