59058 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 

§ 1.913 Persons eligible to file, and time 

for filing, a request for inter partes 

reexamination. 

(a) Except as provided for in § 1.907 

and in paragraph (b) of this section, any 

person other than the patent owner or 

its privies may, at any time during the 

period of enforceability of a patent 

which issued from an original 

application filed in the United States on 

or after November 29, 1999, file a 

request for inter partes reexamination 

by the Office of any claim of the patent 

on the basis of prior art patents or 

printed publications cited under 

§ 1.501. 

(b) Any request for an inter partes 

reexamination submitted on or after 

September 16, 2012, will not be 

accorded a filing date, and any such 

request will not be granted. 

■ 3. Section 1.915 is amended by 

revising paragraphs (b)(2) and (b)(3), to 

read as follows: 

§ 1.915 Content of request for inter partes 

reexamination. 

* * * * * 

(b) * * * 

(2) A citation of the patents and 

printed publications which are 

presented to provide a showing that 

there is a reasonable likelihood that the 

requester will prevail with respect to at 

least one of the claims challenged in the 

request. 

(3) A statement pointing out, based on 

the cited patents and printed 

publications, each showing of a 

reasonable likelihood that the requester 

will prevail with respect to at least one 

of the claims challenged in the request, 

and a detailed explanation of the 

pertinency and manner of applying the 

patents and printed publications to 

every claim for which reexamination is 

requested. 

* * * * * 

■ 4. Section 1.923 is revised to read as 

follows: 

§ 1.923 Examiner’s determination on the 

request for inter partes reexamination. 

Within three months following the 

filing date of a request for inter partes 

reexamination under § 1.915, the 

examiner will consider the request and 

determine whether or not the request 

and the prior art establish a reasonable 

likelihood that the requester will prevail 

with respect to at least one of the claims 

challenged in the request. The 

examiner’s determination will be based 

on the claims in effect at the time of the 

determination, will become a part of the 

official file of the patent, and will be 

mailed to the patent owner at the 

address as provided for in § 1.33(c) and 

to the third party requester. If the 

examiner determines that the request 

has not established a reasonable 

likelihood that the requester will prevail 

with respect to at least one of the 

challenged claims, the examiner shall 

refuse the request and shall not order 

inter partes reexamination. 

■ 5. Section 1.927 is revised to read as 

follows: 

§ 1.927 Petition to review refusal to order 

inter partes reexamination. 

The third party requester may seek 

review by a petition to the Director 

under § 1.181 within one month of the 

mailing date of the examiner’s 

determination refusing to order inter 

partes reexamination. Any such petition 

must comply with § 1.181(b). If no 

petition is timely filed or if the decision 

on petition affirms that a reasonable 

likelihood that the requester will prevail 

with respect to at least one of the claims 

challenged in the request has not been 

established, the determination shall be 

final and nonappealable. 

■ 6. Section 1.931 is amended by 

revising paragraph (a) to read as follows: 

§ 1.931 Order for inter partes 

reexamination. 

(a) If it is found that there is a 

reasonable likelihood that the requester 

will prevail with respect to at least one 

of the claims challenged in the request, 

the determination will include an order 

for inter partes reexamination of the 

patent for resolution of the question of 

whether the requester will prevail. 

* * * * * 

Dated: September 16, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–24464 Filed 9–22–11; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3000 

[L13100000 PP0000 LLWO310000; L1990000 

PO0000 LLWO320000] 

RIN 1004–AE22 

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 minerals programs and some filing 

fees for mineral-related documents. 

These updated fees include those for 

actions such as lease renewals and 

mineral patent adjudications. 

DATES: This final rule is effective 

October 1, 2011. 

ADDRESSES: You may send inquiries or 

suggestions to Director (630), Bureau of 

Land Management, 2134LM, 1849 C 

Street, NW., Washington, DC 20240; 

Attention: RIN 1004–AE22. 

FOR FURTHER INFORMATION CONTACT: 

Steven Wells, Chief, Division of Fluid 

Minerals, (202) 912–7143, or Faith 

Bremner, Regulatory Affairs Analyst, 

(202) 912–7441. 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. 

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 fee recalculations 

are based on a mathematical formula. 

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. Therefore, the BLM 

has changed the fees in this final rule 

without providing opportunity for 

additional notice and comment. 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 


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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 59059 

effective less than 30 days after 

publication. 

II. Discussion of Final Rule 

The BLM publishes a fee update rule 

each year, which becomes effective on 

October 1 of that year. The fee updates 

are based on the change in the IPD–GDP 

from the 4th Quarter of one calendar 

year to the 4th Quarter of the following 

calendar year. This fee update rule is 

based on the change in the IPD–GDP 

from the 4th Quarter of 2009 to the 4th 

Quarter of 2010, thus reflecting the rate 

of inflation over four calendar quarters. 

The fee is calculated by applying the 

IPD–GDP to the base value from the 

previous year’s rule, also known as the 

‘‘existing value’’. This calculation 

results in an updated base value. The 

updated base value is then rounded to 

the closest multiple of $5, or to the 

nearest cent for fees under $1, to 

establish the new fee. 

Under this rule, 27 fees will remain 

the same and 21 fees will increase. 

Nineteen of the fee increases will 

amount to $5 each. The largest increase, 

$35, will be applied to the fee for 

adjudicating a mineral patent 

application containing more than 10 

claims, which will increase from $2,840 

to $2,875. The fee for adjudicating a 

patent application containing 10 or 

fewer claims will increase by $20—from 

$1,420 to $1,440. 

The calculations that resulted in the 

new fees are included in the table 

below: 

FIXED COST RECOVERY FEES FY12 

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 ............................................................ $375 $377.23 $5.09 $382.32 $380 

Competitive lease application .................................................................. 145 146.39 1.98 148.37 150 

Assignment and transfer of record title or operating rights ..................... 85 84.45 1.14 85.59 85 

Overriding royalty transfer, payment out of production ........................... 10 11.26 0.15 11.41 10 

Name change, corporate merger or transfer to heir/devisee .................. 195 197.05 2.66 199.71 200 

Lease consolidation ................................................................................. 415 416.63 5.62 422.25 420 

Lease renewal or exchange .................................................................... 375 377.23 5.09 382.32 380 

Lease reinstatement, Class I ................................................................... 75 73.18 0.99 74.17 75 

Leasing under right-of-way ...................................................................... 375 377.23 5.09 382.32 380 

Geophysical exploration permit application—Alaska ............................... 25 .................... .................... .................... 5 25 

Renewal of exploration permit—Alaska ................................................... 25 .................... .................... .................... 6 25 

Geothermal (part 3200) 

Noncompetitive lease application ............................................................ 375 377.23 5.09 382.32 380 

Competitive lease application .................................................................. 145 146.39 1.98 148.37 150 

Assignment and transfer of record title or operating rights ..................... 85 84.45 1.14 85.59 85 

Name change, corporate merger or transfer to heir/devisee .................. 195 197.05 2.66 199.71 200 

Lease consolidation ................................................................................. 415 416.63 5.62 422.25 420 

Lease reinstatement ................................................................................ 75 73.18 0.99 74.17 75 

Nomination of lands ................................................................................. 105 105.40 1.42 106.82 105 

plus per acre nomination fee ............................................................ 0.11 0.10540 0.00142 0.10682 0.11 

Site license application ............................................................................ 55 56.30 0.76 57.06 55 

Assignment or transfer of site license ..................................................... 55 56.30 0.76 57.06 55 

Coal (parts 3400, 3470) 

License to mine application ..................................................................... 10 11.26 0.15 11.41 10 

Exploration license application ................................................................ 310 309.66 4.18 313.84 315 

Lease or lease interest transfer ............................................................... 60 61.94 0.84 62.78 65 

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

Applications other than those listed below .............................................. 35 33.78 0.46 34.24 35 

Prospecting permit application amendment ............................................ 60 61.94 0.84 62.78 65 

Extension of prospecting permit .............................................................. 100 101.34 1.37 102.71 105 

Lease modification or fringe acreage lease ............................................ 30 28.16 0.38 28.54 30 

Lease renewal ......................................................................................... 485 484.20 6.54 490.74 490 

Assignment, sublease, or transfer of operating rights ............................. 30 28.16 0.38 28.54 30 

Transfer of overriding royalty ................................................................... 30 28.16 0.38 28.54 30 

Use permit ................................................................................................ 30 28.16 0.38 28.54 30 

Shasta and Trinity hardrock mineral lease .............................................. 30 28.16 0.38 28.54 30 

Renewal of existing sand and gravel lease in Nevada ........................... 30 28.16 0.38 28.54 30 

Multiple Use; Mining (part 3700) 

Notice of protest of placer mining operations .......................................... 10 11.26 0.15 11.41 10 

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

Application to open lands to location ....................................................... 10 11.26 0.15 11.41 10 

Notice of location ..................................................................................... 15 16.88 0.23 17.11 15 

Amendment of location ............................................................................ 10 11.26 0.15 11.41 10 

Transfer of mining claim/site .................................................................... 10 11.26 0.15 11.41 10 

Recording an annual FLPMA filing .......................................................... 10 11.26 0.15 11.41 10 


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59060 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 

FIXED COST RECOVERY FEES FY12—Continued 

Document/action Existing 

fee 1

Existing 

value 2

IPD–GDP 

increase 3 New value 4 New fee 5

Deferment of assessment work ............................................................... 100 101.34 1.37 102.71 105 

Recording a notice of intent to locate mining claims on Stockraising 

Homestead Act lands ........................................................................... 30 28.16 0.38 28.54 30 

Mineral patent adjudication.

(more than 10 claims) ....................................................................... 2,840 2,837.64 38.31 2,875.95 2,875

(10 or fewer claims) .......................................................................... 1,420 1,418.81 19.15 1,437.96 1,440 

Adverse claim ................................................................................... 100 101.34 1.37 102.71 105 

Protest .............................................................................................. 60 61.94 0.84 62.78 65 

Oil Shale Management (parts 3900, 3910, 3930) 

Exploration license application ................................................................ 295 297.01 4.01 301.02 300 

Application for assignment or sublease of record title or overriding royalty ........................................................................................................ 60 60.41 0.82 61.23 60 

1The Existing Fee was established by the 2010 (Fiscal Year 2011) cost recovery fee update rule published September 14, 2010 (75 FR 

55678), effective October 1, 2010. 2The Existing Value is the figure from the New Value column in the previous year’s rule. 

3From 4th Quarter 2009 to 4th Quarter 2010, the IPD–GDP increased by 1.35 percent. The value in the IPD–GDP Increase column is 1.35 

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

5The New Fee for Fiscal Year 2012 is the New Value rounded to the nearest $5 for values equal to or greater than $1, or to the nearest 

penny for values under $1. 5Section 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, the BLM interprets the Energy Policy Act provision as prohibiting it from increasing this $25 fee. 6The BLM interprets the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting it from increasing this $25 fee, as well. 

III. How Fees Are Adjusted 

Each year, the figures in the Existing 

Value column in the table above (not 

those in the Existing Fee column) are 

used as the basis for calculating the 

adjustment to these fees. The Existing 

Value is the figure from the New Value 

column in the previous year’s rule. In 

the case of fees that were not in the table 

the previous year, or that had no figure 

in the New Value column the previous 

year, the Existing Value is the same as 

the Existing Fee. Because the new fees 

are derived from the new values— 

rounded to the nearest $5 or the nearest 

penny for fees under $1—adjustments 

based on the figures in the Existing Fee 

column would lead to significantly 

over-or-under-valued fees over time. 

Accordingly, fee adjustments are made 

by multiplying the annual change in the 

IPD–GDP by the figure in the Existing 

Value column. This calculation defines 

the New Value for this year, which is 

then rounded to the nearest $5 or the 

nearest penny for fees under $1, to 

establish the New 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. 

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 final rule, which did not approach 

the threshold in Executive Order 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 affect 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 

adopted by 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. 


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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 59061 

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 may affect a large 

number of small entities since 21 fees 

for activities on public lands will be 

increased. However, the BLM has 

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 27 documents 

relating to the BLM’s minerals 

programs. The highest adjustment, in 

dollar terms, is for adjudications of 

mineral patent applications involving 

more than 10 mining claims, which will 

be increased by $35. 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 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.), the BLM 

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 

September 30, 2011, renewal pending; 

(3) 1004–0162 which expires May 31, 

2012; 

(4) 1004–0185 which expires 

November 30, 2012; 

Geothermal 

(5) 1004–0132 which expires 

December 31, 2013; 

Coal 

(6) 1004–0073 which expires June 30, 

2013; 

Mining Claims 

(7) 1004–0025 which expires March 

31, 2013; 

(8) 1004–0114 which expires August 

31, 2013; and 

Leasing of Solid Minerals Other Than 

Oil Shale 

(9) 1004–0121 which expires February 

28, 2013. 

Takings Implication Assessment 

(Executive Order 12630) 

As required by Executive Order 

12630, the BLM 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 updates fees. The BLM 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 43 CFR 

46.205 and 46.210(c) and (i). The final 

rule does not meet any of the 12 criteria 

for exceptions to categorical exclusions 

listed at 43 CFR 46.215. 

Pursuant to Council on 

Environmental Quality (CEQ) regulation 

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 found to have no such effect 

in procedures adopted by a Federal 

agency in implementation of [CEQ] 

regulations (§ 1507.3) and for which, 

therefore, neither an environmental 

assessment nor an environmental 

impact statement is required.’’ 40 CFR 

1508.4; see also BLM National 

Environmental Policy Act Handbook H– 

1790–1, Ch. 4, at 17 (Jan. 2008). 

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. 


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59062 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 

Information Quality Act 

In developing this rule, the BLM 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 

Faith Bremner of the Division of 

Regulatory Affairs, Bureau of Land 

Management. 

List of Subjects in 43 CFR Part 3000 

Public lands—mineral resources, 

Reporting and recordkeeping 

requirements. 

Marcilynn A. Burke, 

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) 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 the BLM 

for the services listed for Fiscal Year 

2012. 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 2012 PROCESSING AND FILING FEE TABLE

Document/action FY 2012 Fee 

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

Noncompetitive lease application .................................................................................................................................. $380 

Competitive lease application ........................................................................................................................................ 150 

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 ........................................................................................ 200 

Lease consolidation ....................................................................................................................................................... 420 

Lease renewal or exchange .......................................................................................................................................... 380 

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

Leasing under right-of-way ............................................................................................................................................ 380 

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

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

Geothermal (part 3200) 

Noncompetitive lease application .................................................................................................................................. 380 

Competitive lease application ........................................................................................................................................ 150 

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

Name change, corporate merger or transfer to heir/devisee ........................................................................................ 200 

Lease consolidation ....................................................................................................................................................... 420 

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

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

plus per acre nomination fee ......................................................................................................................................... 0.11 

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

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

Coal (parts 3400, 3470) 

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

Exploration license application ...................................................................................................................................... 315 

Lease or lease interest transfer ..................................................................................................................................... 65 

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

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

Prospecting permit application amendment .................................................................................................................. 65 

Extension of prospecting permit .................................................................................................................................... 105 

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

Lease renewal ............................................................................................................................................................... 490 

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

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

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

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


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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 59063 

FY 2012 PROCESSING AND FILING FEE TABLE—Continued 

Document/action FY 2012 Fee 

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 ..................................................................................................................................... 105 

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

Mineral patent adjudication ............................................................................................................................................ 2,875 (more than 10 claims) 

1,440 (10 or fewer claims) 

Adverse claim ................................................................................................................................................................ 105 

Protest ............................................................................................................................................................................ 65 

Oil Shale Management (parts 3900, 3910, 3930) 

Exploration license application ...................................................................................................................................... 300 

Application for assignment or sublease of record title or overriding royalty ................................................................. 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. 

* * * * * 

[FR Doc. 2011–24494 Filed 9–22–11; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA677 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for vermilion snapper in the 

exclusive economic zone (EEZ) of the 

South Atlantic. This closure is 

necessary to protect the vermilion 

snapper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, September 30, 2011, until 

12:01 a.m., local time, January 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act by 

regulations at 50 CFR part 622. 

The commercial quota for vermilion 

snapper in the South Atlantic is 302,523 

lb (137,222 kg) for the current fishing 

period, July 1 through December 31, 

2011, as specified in 50 CFR 

622.42(e)(4)(ii). On June 15, 2011, 

NMFS published a final rule 

implementing a commercial trip limit 

for vermilion snapper of 1,500 lb (680 

kg) per day, which was effective on July 

15, 2011 (76 FR 34892). This trip limit, 

specified in 50 CFR 622.44(c)(6), 

remains in effect until the commercial 

quota for vermillion snapper is reached. 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial sector 

for vermilion snapper when its quota 

has been reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined that the 

commercial quota for South Atlantic 

vermilion snapper will have been 

reached by September 30, 2011. 

Accordingly, the commercial sector for 

South Atlantic vermilion snapper is 

closed effective 12:01 a.m., local time, 

September 30, 2011, until 12:01 a.m., 

local time, January 1, 2012. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having 

vermilion snapper onboard must have 

landed and bartered, traded, or sold 

such vermilion snapper prior to 12:01 

a.m., local time, September 30, 2011. 

During the closure, the bag limit and 

possession limits specified in 50 CFR 

622.39(d)(1)(v) and (d)(2), respectively, 

apply to all harvest or possession of 

vermilion snapper in or from the South 

Atlantic EEZ, and the sale or purchase 

of vermilion snapper taken from the 

EEZ is prohibited. The prohibition on 

sale or purchase does not apply to the 

sale or purchase of vermilion snapper 

that were harvested, landed ashore, and 

sold prior to 12:01 a.m., local time, 

September 30, 2011, and were held in 

cold storage by a dealer or processor. 

For a person on board a vessel for which 

a Federal commercial permit for the 

South Atlantic snapper-grouper fishery 

has been issued, the sale and purchase 

provisions of the commercial closure for 

vermilion snapper would apply 

regardless of whether the fish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.43(a)(5)(ii). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 


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