36226 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

to prevent lightning strikes from causing 

certain parts to contact the airplane pitch 

control system, which could reduce airplane 

controllability. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Actions 

Within 5,000 flight hours or 48 months 

after the effective date of this AD, whichever 

occurs first: Install or rework, as applicable, 

metallic diverters and aluminum sheets; 

modify the lights assembly on the tail boom 

rear movable fairing; and replace the hood 

assembly with a new hood assembly having 

part number (P/N) 145–23046–403 and 

reroute its electrical harness. Do all the 

actions in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–55–0013, dated 

September 8, 2011 (for Model EMB–135BJ 

airplanes); or EMBRAER Service Bulletin 

145–55–0030, Revision 05, dated July 29, 

2011 (for Model EMB 145 and EMB–135, 

except –135BJ, airplanes). 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, Transport Airplane Directorate, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the International Branch, send it 

to ATTN: Todd Thompson, Aerospace 

Engineer, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 1601 

Lind Avenue SW., Renton, Washington 

98057–3356; telephone (425) 227–1175; fax 

(425) 227–1149. Information may be emailed 

to: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(i) Related Information 

(1) Refer to MCAI ANAC Airworthiness 

Directive 2011–11–01, dated November 30, 

2011, and the following service information, 

for related information. 

(i) EMBRAER Service Bulletin 145LEG–55– 

0013, dated September 8, 2011. 

(ii) EMBRAER Service Bulletin 145–55– 

0030, Revision 05, dated July 29, 2011. 

(2) For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone 

+55 12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email 

distrib@embraer.com.br; Internet: http:// 

www.flyembraer.com. You may review copies 

of the referenced service information at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on June 8, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–14808 Filed 6–15–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 226 

Notice of Intent To Establish an Osage 

Negotiated Rulemaking Committee 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of intent; request for 

comments or nominations. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) is announcing its intent to 

establish an Osage Negotiated 

Rulemaking Committee (Committee). 

The Committee will develop specific 

recommendations to address future 

management and administration of the 

Osage Mineral Estate, including 

potential revisions to the regulations 

governing leasing of Osage Reservation 

Lands for Oil and Gas Mining, 25 CFR 

Part 226. The Committee will include 

representatives of parties who would be 

affected by a final rule. BIA solicits 

comments on this proposal to establish 

the Committee and its proposed 

membership. BIA also invites anyone 

who will be significantly affected by the 

proposed rule and believes their 

interests will not be adequately 

represented by the proposed members 

listed below to nominate a member to 

the Committee. 

DATES: Submit nominations for 

Committee members or written 

comments on this notice on or before 

July 18, 2012. 

ADDRESSES: You may submit 

nominations to the Committee or 

comments on this notice by any of the 

following methods: 

• Mail comments or nominations to 

Mr. Robert Impson, Designated Federal 

Officer, Eastern Oklahoma Regional 

Office, Bureau of Indian Affairs, 3100 

W. Peak Blvd., Muskogee, OK 74401; 

(918) 781–4600. 

• Hand-carry comments or use an 

overnight courier service. Our courier 

address is 3100 W. Peak Blvd., 

Muskogee, OK 74401; (918) 781–4600. 

• Email comments or nominations to 

robert.impson@bia.gov. Include the 

words Osage Negotiated Rulemaking in 

the subject line. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Impson, Designated Federal 

Officer, Eastern Oklahoma Regional 

Office, Bureau of Indian Affairs, 3111 

W. Peak Blvd., Muskogee, OK 74401; 

robert.impson@bia.gov; (918) 781–4600; 

(918) 781–4604 (FAX). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 14, 2011, the United 

States and the Osage Nation (formerly 

known as the Osage Tribe) signed a 

Settlement Agreement to resolve 

litigation regarding alleged 

mismanagement of the Osage Nation’s 

oil and gas mineral estate, among other 

claims. As part of the Settlement 

Agreement, the parties agreed that it 

would be mutually beneficial ‘‘to 

address means of improving the trust 

management of the Osage Mineral 

Estate, the Osage Tribal Trust Account, 

and Other Osage Accounts.’’ Settlement 

Agreement, Paragraph 1.i. During 

settlement negotiations, it became 

apparent that a review of the existing 

regulations is necessary to better assist 

the BIA in managing the Osage Mineral 

Estate. The parties agreed to engage in 

a negotiated rulemaking for this 

purpose, Settlement Agreement, 

Paragraph 9.b. 

II. Statutory Authorities 

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 Federal Oil and Gas Royalty 

Management Act of 1982 (30 U.S.C. 

1701 et seq.); the Act of June 28, 1906, 

ch. 3572, 34 Stat. 539, as amended; and 

the Leasing of Osage Reservation Lands 

for Oil and Gas Mining, 25 CFR part 

226. 

III. The Committee and Its Process 

In a negotiated rulemaking, a report 

containing recommendations for the 

provisions of the proposed rule is 

developed by a committee composed of 

representatives of government and the 

interests that will be significantly 

affected by the rule. Decisions on what 


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Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36227 

to include in the report are made by 

consensus. 

‘‘Consensus’’ 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, BIA is soliciting comments on 

this action. 

Following receipt of comments, BIA 

will establish the Committee. The 

Committee will advise the Secretary 

through the Bureau of Indian Affairs 

(BIA) on a rulemaking to revise 25 CFR 

part 226 regarding the future 

management and administration of oil 

and gas mining leases for Osage 

Reservation lands. The Committee will 

act solely in an advisory capacity to 

BIA. After the Committee produces a 

consensus report on the proposed rule, 

as discussed in more detail below, BIA 

will develop a proposed rule to be 

published in the Federal Register. 

Under 5 U.S.C. 563, the head of the 

agency is required to determine that use 

of the negotiated rulemaking procedure 

is in the public interest. In making such 

a determination, the agency head must 

consider seven factors. Taking these 

factors into account, BIA has 

determined that a negotiated rulemaking 

is in the public interest because: 

1. A rule is needed. BIA has 

determined that in order to avoid future 

litigation and to better assist it in 

managing and administering the Osage 

Mineral Estate, a rule is necessary. 

2. A limited number of identifiable 

interests will be significantly affected by 

the rule. The regulations governing the 

Osage Mineral Estate apply only to the 

Osage Mineral Estate and the Osage 

Agency, and do not have broader 

applicability. For this reason, a limited 

number of readily identifiable interests 

will be significantly affected by the rule. 

3. Due to the limited applicability of 

the current regulations and the limited 

number of interest holders, there is a 

reasonable likelihood that BIA can 

convene a Committee with a balanced 

representation of persons who: 

• Can adequately represent the 

interests defined in item 2, above; and 

• Are willing to negotiate in good 

faith to attempt to reach a consensus on 

provisions of a proposed rule. 

4. There is reasonable likelihood that 

the Committee will reach consensus on 

a proposed rule within a fixed period of 

time. This is due to the settlement of the 

litigation and the desire of the Osage 

Nation and the Bureau of Indian Affairs 

to avoid further litigation by addressing 

and improving management and 

administration of the Osage Mineral 

Estate as soon as possible. 

5. The use of negotiated rulemaking 

will not unreasonably delay 

development of a proposed rule and the 

issuance of a final rule. We anticipate 

that negotiation will expedite a 

proposed rule and ultimately the 

acceptance of a final rule. 

6. BIA is committed to ensuring that 

the Committee has sufficient resources 

to complete its work in a timely fashion. 

7. BIA, to the maximum extent 

possible and consistent with its legal 

obligations, will use the consensus 

report 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, 

BIA will use the following procedures 

and guidelines for this negotiated 

rulemaking. BIA 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 

operate in full compliance with the 

requirements of FACA and NRA and 

under the guidelines of the Committee’s 

charter. 

B. Interests Involved 

BIA intends to ensure full and 

adequate representation of those 

interests that are expected to be 

significantly affected by the proposed 

rule. Under 5 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.’’ The 

regulations governing the Osage Mineral 

Estate apply only to the Osage Mineral 

Estate and the Osage Agency. For this 

reason, BIA believes the membership 

described below fully and adequately 

represents those interests expected to be 

significantly affected by the proposed 

rule. 

C. Members 

The Committee cannot exceed 25 

members, and BIA prefers nine 

members. The Secretary of the Interior 

(Secretary) will provide four members 

(two from BIA, one from the Bureau of 

Land Management, and one from the 

Office of Natural Resources Revenue), 

plus a facilitator. Five members have 

been chosen by the Osage Minerals 

Council. The facilitator will not count 

against the membership and will not be 

a voting member. 

Osage Representatives 

Galen Crum 

Joseph Abbott, Jr. 

James Andrew Yates 

Melvin Core 

Curtis Oren Bear 

Alternate Osage Representatives 

Dudley Whitehorn 

Myron Red Eagle 

Federal Representatives 

Daryl LaCounte, Bureau of Indian 

Affairs 

Stephen Manydeeds, Office of the 

Assistant Secretary—Indian Affairs 

Paul Tyler, Office of Natural Resources 

Revenue 

James Stockbridge, Bureau of Land 

Management 

Responsibility for expenses is stated 

under 5 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. 

BIA commits to pay the travel and per 

diem expenses of Committee members if 

appropriate under the NRA and Federal 

Travel Regulations. 

D. Tentative Schedule 

BIA will publish the first meeting date 

in a Federal Register notice. The 

Committee will determine the dates of 

future meetings, notice of which will 

then be published in the Federal 

Register. At the first meeting, the 

Committee will formulate ground rules 

for developing consensus and establish 

whether there are any issues in addition 

to those identified by the Osage Nation 

and BIA to be addressed as part of the 

negotiated rulemaking. After the 

Committee reaches consensus on its 

report, BIA will develop a proposed rule 

to be published in the Federal Register. 

BIA plans to publish a proposed rule 

for notice and comment within 30 

months of convening the Committee. 

The Committee will meet bi-monthly 

with the first meeting tentatively 

planned for August 2012. 

BIA plans to terminate the Committee 

if it does not reach consensus on a 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36228 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

report within 24 months of the first 

meeting. The Committee may end 

earlier upon the promulgation of the 

final rule, or if either BIA, after 

consulting with the Committee, or the 

Committee itself, specifies an earlier 

termination date. 

E. Technical Assistance 

BIA will ensure that the Committee 

has sufficient administrative and 

technical resources to complete its work 

in a timely fashion. BIA, with the help 

of a facilitator, will prepare all agendas, 

provide meeting notes, and provide a 

final report of any issues on which the 

Committee reaches consensus. BIA will 

also obtain space for all meetings. 

V. Request for Nominations and 

Comments 

BIA invites written comments on this 

initiative. Additionally, anyone who 

will be significantly affected by the 

proposed rule and who believes their 

interests will not be adequately 

represented by the members proposed 

above is invited to apply for or 

nominate a Committee member as 

follows. Each nomination or application 

must include: 

(1) The name of the applicant or 

nominee and a description of the 

interests such person shall represent; 

(2) Evidence that the applicant or 

nominee is authorized to represent 

parties related to the interests the 

person proposes to represent. 

(3) A written commitment that the 

applicant or nominee will actively 

participate in good faith in the 

Committee’s work; and 

(4) The reasons that the persons 

nominated in this notice above do not 

adequately represent the interests of the 

person submitting the application or 

nomination. 

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 Osage Negotiated Rulemaking 

Committee is in the public interest. 

Date June 13, 2012. 

Michael Black, 

Director, Bureau of Indian Affairs. 

[FR Doc. 2012–14868 Filed 6–15–12; 8:45 am] 

BILLING CODE 4310–02–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–100276–97] 

RIN 1545–AU94 

Financial Asset Securitization 

Investment Trusts 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Withdrawal of notice of 

proposed rulemaking. 

SUMMARY: This document withdraws a 

notice of proposed rulemaking relating 

to financial asset securitization trusts 

(FASITs). The FASIT provisions 

(sections 860H through 860L) of the 

Internal Revenue Code (Code) were 

repealed by Public Law 108–357, 

effective January 1, 2005, with a limited 

exception for existing FASITs. 

FOR FURTHER INFORMATION CONTACT: 

Julanne Allen at (202) 622–3920 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION:

Background 

Section 1621(a) of the Small Business 

Job Protection Act of 1996, Public Law 

104–188 (110 Stat. 1755 (1996)), 

amended the Code by adding part V 

(sections 860H through 860L) (the 

FASIT provisions) to subchapter M of 

chapter 1. Part V, which was effective 

September 1, 1997, authorized a 

securitization vehicle called a Financial 

Asset Securitization Investment Trust 

(FASIT). FASITs were meant to 

facilitate the securitization of debt 

instruments, such as credit card 

receivables, home equity loans, and auto 

loans. 

Proposed regulations providing 

guidance with respect to the application 

of the FASIT provisions were published 

in the Federal Register on February 7, 

2000 (65 FR 5807). (Section 1.860E–1(c) 

of the proposed regulations, governing 

the transfer of non-economic REMIC 

residual interests, was finalized on July 

18, 2002, in T.D. 9004.) In general, the 

proposed regulations pertaining to 

FASITs are proposed to be applicable on 

the date final regulations are filed with 

the Federal Register. The portion of the 

proposed regulations containing an antiabuse rule and the portion of the 

proposed regulations implementing 

special transition rules for securitization 

entities in existence on August 31, 1997, 

were proposed to apply on February 4, 

2000. 

The FASIT provisions were repealed 

by section 835(a) of the American Jobs 

Creation Act of 2004, Public Law 108– 

357 (118 Stat. 1418 (2004)), effective 

January 1, 2005. During the period of 

legislative consideration of the FASIT 

provisions and subsequently, other 

structures for loan securitizations were 

developed. In its discussion of the 

reasons for the repeal of the FASIT 

provisions, the Ways and Means 

Committee stated: 

The Committee is aware that FASITs are 

not being used widely in the manner 

envisioned by the Congress and, 

consequently, the FASIT rules have not 

served the purposes for which they originally 

were intended. Moreover, the Joint 

Committee staff’s report [on its investigation 

of Enron Corporation and related entities] 

and other information indicate that FASITS 

are particularly prone to abuse and likely are 

being used to facilitate tax avoidance 

transactions. 

H.R. Rep. No. 108–548, Pt. 1, at 295 

(2004) (footnote omitted). 

In light of the repeal of the FASIT 

provisions and their limited use, the 

Treasury Department and the IRS have 

decided to withdraw the proposed 

regulations. 

Drafting Information 

The principal authors of this 

withdrawal notice are Richard LaFalce 

and Julanne Allen of the Office of the 

Associate Chief Counsel (Financial 

Institutions and Products). 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirement. 

Withdrawal of Notice of Proposed 

Rulemaking 

Accordingly, under the authority of 

26 U.S.C. 7805, the notice of proposed 

rulemaking (REG–100276–97) published 

in the Federal Register on February 7, 

2000 (65 FR 5807) is withdrawn. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2012–14788 Filed 6–15–12; 8:45 am] 

BILLING CODE 4830–01–P 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS