60-Day Notice

Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices
Mugu, California, for the purpose of
enhancing the species’ survival.
Permit No. TE–045994
Applicant: United States Geological
Survey, Western Ecological Research
Center, San Diego, California
The applicant requests a permit
amendment to take (harass by survey,
capture, handle, mark, tag, and release
at point of capture, collect voucher
specimens, collect tissue samples and
swab, conduct radio telemetry,
transport, captive breed and rear,
remove infertile eggs from egg masses
released from captivity, and release to
the wild (translocate) the mountain
yellow-legged frog (southern California
DPS) (Rana muscosa) in conjunction
with surveys and population monitoring
activities within Bear Creek, Angeles
National Forest, Los Angeles County,
and to take (inoculate with symbiotic
bacteria) the mountain yellow-legged
frog (southern California DPS) in
conjunction with chytrid fungal
protection throughout the range of the
species in California for the purpose of
enhancing the species’ survival.
Permit No. TE–59158B

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Applicant: Darren Newman, North Fork,
California
The applicant requests a permit to
take (capture, collect, and collect
vouchers) the Conservancy fairy shrimp
(Branchinecta conservatio), longhorn
fairy shrimp (Branchinecta
longiantenna), San Diego fairy shrimp
(Branchinecta sandiegonensis),
Riverside fairy shrimp (Streptocephalus
woottoni), vernal pool tadpole shrimp
(Lepidurus packardi), to take (harass by
survey, capture, handle and release) the
Fresno kangaroo rat (Dipodomys
nitratoides exilis), giant kangaroo rat
(Dipodomys ingens), Morro Bay
kangaroo rat (Dipodomys heermanni
morroensis), Tipton kangaroo rat
(Dipodomys nitratoides nitratoides),
Pacific pocket mouse (Perognathus
longimembris pacificus), and Buena
Vista Lake ornate shrew (Sorex ornatus
relictus), and to take (harass by survey,
capture, handle, and release) the
California tiger salamander (Santa
Barbara County DPS and Sonoma
County DPS) (Ambystoma californiense)
in conjunction with survey activities
throughout the range of the species in
California for the purpose of enhancing
the species’ survival.

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Permit No. TE–829554

Public Comments

Applicant: Barbara Kus, San Diego,
California

We invite public review and comment
on each of these recovery permit
applications. Comments and materials
we receive will be available for public
inspection, by appointment, during
normal business hours at the address
listed in the ADDRESSES section of this
notice.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.

The applicant requests a permit
renewal to take (locate and monitor
nests, capture, handle, measure, weigh,
band, color-band, release, collect body
and tail feathers and blood, and remove
brown-headed cowbird (Molothrus ater)
eggs and chicks from parasitized nests)
the least Bell’s vireo (Vireo bellii
pusillus), and take (harass by survey,
locate and monitor nests, capture,
handle, measure, weigh, band, colorband, release, collect body feathers and
blood, and remove brown-headed
cowbird eggs and chicks from
parasitized nests) the southwestern
willow flycatcher (Empidonax traillii
extimus), in conjunction with
population monitoring and genetic
studies throughout the range of each
species in California, Arizona, and New
Mexico for the purpose of enhancing the
species’ survival.

Michael Long,
Acting Regional Director, Pacific Southwest
Region, Sacramento, California.
[FR Doc. 2015–05900 Filed 3–13–15; 8:45 am]
BILLING CODE 4310–55–P

Permit No. TE–085026
Applicant: Jeff Steinman, San Francisco,
California
The applicant requests a permit
renewal and amendment to take (locate
and monitor nests and remove brownheaded cowbird (Molothrus ater) eggs
and chicks from parasitized nests) the
least Bell’s vireo (Vireo bellii pusillus),
take (harass by survey, locate and
monitor nests, and remove brownheaded cowbird eggs and chicks from
parasitized nests) the southwestern
willow flycatcher (Empidonax traillii
extimus), and take (harass by survey)
the yellow-billed cuckoo (western DPS)
(Coccyzus americanus) in conjunction
with survey and population monitoring
throughout the range of the species in
California and Arizona for the purpose
of enhancing the species’ survival.
Permit No. TE–027427
Applicant: Jeff A. Alvarez, Sacramento,
California
The applicant requests a permit
amendment to take (collect soil
containing federally listed fairy shrimp
cysts (eggs), translocate, and inoculate
cysts into restored vernal pools) the
longhorn fairy shrimp (Branchinecta
longiantenna) in conjunction with
vernal pool restoration and population
enhancement activities at the Kellogg
Creek Vernal Pool Complex, Los
Vaqueros Watershed, Contra Costa
County, California, for the purpose of
enhancing the species survival.

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DEPARTMENT OF THE INTERIOR
[Docket No. ONRR–2011–0021; DS63610000
DR2PS0000.CH7000 145D0102R2]

Office of Natural Resources Revenue;
Agency Information Collection
Activities: 30 CFR Parts 1202, 1206,
and 1207, Indian Oil & Gas Valuation—
Comment Request
Office of Natural Resources
Revenue (ONRR), Interior.
ACTION: Notice of extension.
AGENCY:

To comply with the
Paperwork Reduction Act of 1995
(PRA), ONRR is inviting comments on a
collection of information requests that
we will submit to the Office of
Management and Budget (OMB) for
review and approval. This Information
Collection Request (ICR) covers the
paperwork requirements in the
regulations under title 30, Code of
Federal Regulations (CFR), parts 1202,
1206, and 1207. Also, there are five
forms associated with this information
collection.

SUMMARY:

Submit written comments on or
before May 15, 2015.
ADDRESSES: You may submit comments
on this ICR to ONRR by using one of the
following three methods (please
reference ‘‘ICR 1012–0002’’ in your
comments):
1. Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ‘‘ONRR–
2011–0021’’ and then click ‘‘Search.’’
DATES:

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Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices

Follow the instructions to submit public
comments. ONRR will post all
comments.
2. Mail comments to Mr. Luis Aguilar,
Regulatory Specialist, ONRR, P.O. Box
25165, MS 61030A, Denver, Colorado
80225–0165.
3. Hand-carry or mail comments,
using an overnight courier service, to
ONRR. Our courier address is Building
85, Room A–614, Denver Federal
Center, West 6th Ave. and Kipling St.,
Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT: For
any questions, contact Mr. Luis Aguilar,
telephone (303) 231–3418, or email at
Luis.Aguilar@onrr.gov. You may also
contact Mr. Aguilar to obtain copies, at
no cost, of (1) the ICR, (2) any associated
forms, and (3) the regulations that
require us to collect the information.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Secretary of the United States
Department of the Interior is responsible
for collecting royalties from lessees who
produce minerals from leased Federal
and Indian lands and the Outer
Continental Shelf (OCS). The Secretary’s
responsibility, under various laws, is to
manage mineral resource production
from Federal and Indian lands and the
OCS, collect the royalties and other
mineral revenues due, and distribute the
funds collected under those laws. ONRR
performs the royalty management
functions for the Secretary.
We have posted those laws pertaining
to mineral leases on Federal and Indian
lands and the OCS at http://
www.onrr.gov/Laws_R_D/PubLaws/
default.htm.
Indian tribes and individual Indian
mineral owners receive all royalties
generated from their lands. Determining
product valuation is essential to ensure
that Indian tribes and individual Indian
mineral owners receive payment on the
full value of the minerals removed from
their lands. Failure to collect the data
described in this information collection
could result in the undervaluation of
leased minerals on Indian lands.

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Indian Oil
Regulations at 30 CFR part 1206,
subpart B, govern the valuation for
royalty purposes of all oil produced
from Indian oil and gas leases (tribal
and allotted), except leases on the Osage
Indian Reservation, and are consistent
with mineral leasing laws, other
applicable laws, and lease terms.
Generally, the regulations provide that
lessees determine the value of oil based
upon the higher of (1) the gross
proceeds under an arm’s-length

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contract; or (2) major portion analysis.
The value determined by the lessee may
be eligible for a transportation
allowance.
From information collected on Form
ONRR–4110, Oil Transportation
Allowance Report, ONRR and tribal
audit personnel evaluate (1) whether
lessee-reported transportation
allowances are within regulatory
allowance limitations and calculated in
accordance with applicable regulations;
and (2) whether the lessees reported and
paid the proper amount of royalties.
Indian Gas
Regulations at 30 CFR part 1206,
subpart E, govern the valuation for
royalty purposes of natural gas
produced from Indian oil and gas leases
(tribal and allotted). The regulations
apply to all gas production from Indian
oil and gas leases, except leases on the
Osage Indian Reservation.
Most Indian leases contain the
requirement to perform accounting for
comparison (dual accounting) for gas
produced from the lease. Lessees must
elect to perform actual dual accounting
as defined in 30 CFR 1206.176 or
alternative dual accounting as defined
in 30 CFR 1206.173. Lessees use Form
ONRR–4410, Accounting for
Comparison [Dual Accounting], to
certify that dual accounting is not
required on an Indian lease or to make
an election for actual or alternative dual
accounting for Indian leases.
The regulations require lessees to
submit Form ONRR–4411, Safety Net
Report, when gas production from an
Indian oil or gas lease is sold beyond the
first index pricing point. The safety net
calculation establishes the minimum
value, for royalty purposes, of natural
gas production from Indian oil and gas
leases. This reporting requirement
ensures that Indian lessors receive all
royalties due and aids ONRR
compliance efforts.
From information collected on Form
ONRR–4295, Gas Transportation
Allowance Report, ONRR and tribal
audit personnel evaluate (1) whether
lessee-reported transportation
allowances are within regulatory
allowance limitations and calculated in
accordance with applicable regulations;
and (2) whether the lessees reported and
paid the proper amount of royalties.
From information collected on Form
ONRR–4109, Gas Processing Allowance
Summary Report, ONRR and tribal audit
personnel evaluate (1) whether lesseereported processing allowances are
within regulatory allowance limitations
and calculated in accordance with
applicable regulations; and (2) whether

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the lessees reported and paid the proper
amount of royalties.
Indian Oil and Gas
Form ONRR–4393, Request to Exceed
Regulatory Allowance Limitation, is
used for both Federal and Indian leases.
Most of the burden hours are incurred
on Federal leases; therefore, the form is
approved under ICR 1012–0005,
pertaining to Federal oil and gas leases.
However, we include a discussion of the
form in this ICR, as well as the burden
hours for Indian leases. To request
permission to exceed a regulatory
allowance limit, lessees must (1) submit
a letter to ONRR explaining why a
higher allowance limit is necessary; and
(2) provide supporting documentation,
including a completed Form ONRR–
4393. This form provides ONRR with
the data necessary to make a decision
whether to approve or deny the request
and track deductions on royalty reports.
OMB Approval
ONRR will request OMB approval to
continue to collect this information. If
ONRR does not collect this information,
this would limit the Secretary’s ability
to discharge fiduciary duties and may
also result in the inability to confirm the
accurate royalty value. ONRR protects
the proprietary information that we
receive, and we do not collect items of
a sensitive nature.
ONRR requires lessees to respond to
this ICR because the information
collected is essential in order to
determine when net profit share
payments are due and to ensure that
lessees properly value and pay royalties
or net profit share payments. The
requirement to respond is mandatory for
Form ONRR–4410, Accounting for
Comparison [Dual Accounting], and
Form ONRR–4411, Safety Net Report,
under certain circumstances. And, the
lessees are required to submit Forms
ONRR–4109, ONRR–4110, and ONRR–
4295 in order to obtain a benefit.
II. Data
Title: 30 CFR parts 1202, 1206, and
1207, Indian Oil and Gas Valuation.
OMB Control Number: 1012–0002.
Bureau Form Number: Forms ONRR–
4109, ONRR–4110, ONRR–4295, ONRR–
4410, and ONRR–4411.
Frequency of Response: Annually and
on occasion.
Estimated Number and Description of
Respondents: 148 Indian lessees.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 2,269
hours.
We have not included in our
estimates certain requirements
performed in the normal course of

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Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices
business and considered usual and
customary. The following chart shows

the estimated burden hours by CFR
section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
30 CFR

Reporting and recordkeeping requirement

Average
number of
annual
responses

Hour burden

Annual burden
hours

Part 1202—ROYALTIES
Subpart C—Federal and Indian Oil
1202.101 .....................

Standards for reporting and paying royalties .....................................
Oil volumes are to be reported in barrels of clean oil of 42 standard
U.S. gallons (231 cubic inches each) at 60 °F. . . .

Burden covered under OMB Control Number
1012–0004 (expires 12/31/2012). Burden covered under § 1210.52.

Subpart J—Gas Production From Indian Leases
1202.551(b) ................

How do I determine the volume of production for which I must pay
royalty if my lease is not in an approved Federal unit or
communitization agreement (AFA)?
(b) You and all other persons paying royalties on the lease must report and pay royalties based on your takes. . . .

1202.551(c) .................

(c) You and all other persons paying royalties on the lease may ask
ONRR for permission. . . . to report entitlements . . .

1202.558(a) and (b) ....

What standards do I use to report and pay royalties on gas? ..........
(a) You must report gas volumes as follows: . . . ............................
(b) You must report residue gas and gas plant product volumes as
follows: . . .

Burden covered under OMB Control Number
1012–0004. Burden covered under § 1210.52.

1

1

1

Burden covered under OMB Control Number
1012–0004. Burden covered under § 1210.52.

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Part 1206—PRODUCT VALUATION
Subpart B—Indian Oil
1206.56(b)(2) ..............

Transportation allowances—general ..................................................
(b)(2) Upon request of a lessee, ONRR may approve a transportation allowance deduction in excess of the limitation prescribed
by paragraph (b)(1) of this section. . . . An application for exception (using Form ONRR–4393, Request to Exceed Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for ONRR to make a determination. . . .

1206.57(a)(1)(i) ...........

Determination of transportation allowances .......................................
(a) Arm’s-length transportation contracts.
(1)(i) . . . The lessee shall have the burden of demonstrating that
its contract is arm’s-length.

AUDIT PROCESS. See note.

1206.57(a)(1)(i) ...........

(a) Arm’s-length transportation contracts ...........................................
(1)(i) . . . Before any deduction may be taken, the lessee must
submit a completed page one of Form ONRR–4110 (and Schedule 1), Oil Transportation Allowance Report . . .

Burden covered under § 1206.57(c)(1)(i) and (iii).

1206.57(a)(1)(iii) .........

(a) Arm’s-length transportation contracts ...........................................
(1)(iii) . . . When ONRR determines that the value of the transportation may be unreasonable, ONRR will notify the lessee and
give the lessee an opportunity to provide written information justifying the lessee’s transportation costs.

AUDIT PROCESS. See note.

1206.57(a)(2)(i) ...........

(a) Arm’s-length transportation contracts ...........................................
(2)(i) . . . Except as provided in this paragraph, no allowance may
be taken for the costs of transporting lease production which is
not royalty-bearing without ONRR approval.

Burden covered under § 1206.57(a)(3).

1206.57(a)(2)(ii) ..........

(a) Arm’s-length transportation contracts ...........................................
(2)(ii) Notwithstanding the requirements of paragraph (i), the lessee
may propose to ONRR a cost allocation method on the basis of
the values of the products transported. . . .

20

1

20

1206.57(a)(3) ..............

(a) Arm’s-length transportation contracts ...........................................
(3) If an arm’s-length transportation contract includes both gaseous
and liquid products, and the transportation costs attributable to
each product cannot be determined from the contract, the lessee
shall propose an allocation procedure to ONRR. . . . The lessee
shall submit all available data to support its proposal. . . .

40

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average
number of
annual
responses

Reporting and recordkeeping requirement

1206.57(b)(1) ..............

(b) Non-arm’s-length or no contract ...................................................
(1) . . . A transportation allowance may be claimed retroactively for
a period of not more than 3 months prior to the first day of the
month that Form ONRR–4110 is filed with ONRR, unless ONRR
approves a longer period upon a showing of good cause by the
lessee. . . .

Burden covered under § 1206.57(c)(2)(i) and (iii).

1206.57(b)(1) ..............

(b) Non-arm’s-length or no contract ...................................................
(1) . . . When necessary or appropriate, ONRR may direct a lessee to modify its actual transportation allowance deduction.

Burden covered under OMB Control Number
1012–0004. Burden covered under § 1210.52.

1206.57(b)(2)(iv) .........

(b) Non-arm’s-length or no contract ...................................................
(2)(iv) . . . After a lessee has elected to use either method for a
transportation system, the lessee may not later elect to change
to the other alternative without approval of ONRR.

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20

1206.57(b)(2)(iv)(A) ....

(b) Non-arm’s-length or no contract ...................................................
(2)(iv)(A) . . . After an election is made, the lessee may not
change methods without ONRR approval. . . .

20

1

20

1206.57(b)(3)(i) ...........

(b) Non-arm’s-length or no contract ...................................................
(3)(i) . . . Except as provided in this paragraph, the lessee may not
take an allowance for transporting lease production which is not
royalty bearing without ONRR approval.

40

1

40

1206.57(b)(3)(ii) ..........

(b) Non-arm’s-length or no contract ...................................................
(3)(ii) Notwithstanding the requirements of paragraph (i), the lessee
may propose to ONRR a cost allocation method on the basis of
the values of the products transported. . . .

20

1

20

1206.57(b)(4) ..............

(b) Non-arm’s-length or no contract ...................................................
(4) Where both gaseous and liquid products are transported
through the same transportation system, the lessee shall propose
a cost allocation procedure to ONRR. . . . The lessee shall submit all available data to support its proposal. . . .

20

1

20

1206.57(b)(5) ..............

(b) Non-arm’s-length or no contract ...................................................
(5) A lessee may apply to ONRR for an exception from the requirement that it compute actual costs in accordance with paragraphs
(b)(1) through (b)(4) of this section. . . .

20

1

20

1206.57(c)(1)(i) ...........

(c) Reporting requirements .................................................................
(1) Arm’s-length contracts. (i) With the exception of those transportation allowances specified in paragraphs (c)(1)(v) and (c)(1)(vi)
of this section, the lessee shall submit page one of the initial
Form ONRR–4110 (and Schedule 1), Oil Transportation Allowance Report, prior to, or at the same time as, the transportation
allowance determined, under an arm’s-length contract, is reported on Form ONRR–2014, Report of Sales and Royalty Remittance. . . .

4

1

4

1206.57(c)(1)(iii) .........

(c) Reporting requirements .................................................................
(1) Arm’s-length contracts. (iii) After the initial reporting period and
for succeeding reporting periods, lessees must submit page one
of Form ONRR–4110 (and Schedule 1) within 3 months after the
end of the calendar year, or after the applicable contract or rate
terminates or is modified or amended, whichever is earlier, unless ONRR approves a longer period (during which period the
lessee shall continue to use the allowance from the previous reporting period).

4

1

4

1206.57(c)(1)(iv) .........

(c) Reporting requirements .................................................................
(1) Arm’s-length contracts. (iv) ONRR may require that a lessee
submit arm’s-length transportation contracts, production agreements, operating agreements, and related documents. Documents shall be submitted within a reasonable time, as determined by ONRR.

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Annual burden
hours

30 CFR

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AUDIT PROCESS. See note.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average
number of
annual
responses

Reporting and recordkeeping requirement

1206.57(c)(2)(i) ...........

(c) Reporting requirements .................................................................
(2) Non-arm’s-length or no contract.
(i) With the exception of those transportation allowances specified
in paragraphs (c)(2)(v), (c)(2)(vii) and (c)(2)(viii) of this section,
the lessee shall submit an initial Form ONRR–4110 prior to, or at
the same time as, the transportation allowance determined under
a non-arm’s-length contract or no-contract situation is reported on
Form ONRR–2014. . . . The initial report may be based upon
estimated costs.

6

1

6

1206.57(c)(2)(iii) .........

(c) Reporting requirements .................................................................
(2) Non-arm’s-length or no contract.
(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee shall submit a completed Form ONRR–
4110 containing the actual costs for the previous reporting period. If oil transportation is continuing, the lessee shall include on
Form ONRR–4110 its estimated costs for the next calendar year.
. . . ONRR must receive the Form ONRR–4110 within 3 months
after the end of the previous reporting period, unless ONRR approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period).

6

1

6

1206.57(c)(2)(iv) .........

(c) Reporting requirements .................................................................
(2) Non-arm’s-length or no contract.
(iv) For new transportation facilities or arrangements, the lessee’s
initial Form ONRR–4110 shall include estimates of the allowable
oil transportation costs for the applicable period. . . .

Burden covered under § 1206.57(c)(2)(i).

1206.57(c)(2)(v) ..........

(c) Reporting requirements .................................................................
(2) Non-arm’s-length or no contract.
(v) . . . only those allowances that have been approved by ONRR
in writing . . .

Burden covered under § 1206.57(c)(2)(i).

1206.57(c)(2)(vi) .........

(c) Reporting requirements .................................................................
(2) Non-arm’s-length or no contract.
(vi) Upon request by ONRR, the lessee shall submit all data used
to prepare its Form ONRR–4110. The data shall be provided
within a reasonable period of time, as determined by ONRR.

AUDIT PROCESS. See note.

1206.57(c)(4) and
(e)(2).

(c) Reporting requirements .................................................................
(4) Transportation allowances must be reported as a separate line
item on Form ONRR–2014, . . .
(e) Adjustments.
(2) For lessees transporting production from Indian leases, the lessee must submit a corrected Form ONRR–2014 to reflect actual
costs, . . .

Burden covered under OMB Control Number
1012–0004. Burden covered under § 1210.52.

1206.59 .......................

May I ask ONRR for valuation guidance? .........................................
You may ask ONRR for guidance in determining value. You may
propose a value method to ONRR. Submit all available data related to your proposal and any additional information ONRR
deems necessary. . . .

1206.61(a) and (b) ......

What records must I keep and produce? ...........................................
(a) On request, you must make available sales, volume, and transportation data for production you sold, purchased, or obtained
from the field or area. You must make this data available to
ONRR, Indian representatives, or other authorized persons.
(b) You must retain all data relevant to the determination of royalty
value. . . .

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

30 CFR

Reporting and recordkeeping requirement

Average
number of
annual
responses

Hour burden

Annual burden
hours

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Part 1206—PRODUCT VALUATION
Subpart E—Indian Gas
1206.172(b)(1)(ii) ........

How do I value gas produced from leases in an index zone? ..........
(b) Valuing residue gas and gas before processing.
(1)(ii) Gas production that you certify on Form ONRR–4410, . . . is
not processed before it flows into a pipeline with an index but
which may be processed later; . . .

4

58

232

1206.172(e)(6)(i) and
(iii).

(e) Determining the minimum value for royalty purposes of gas sold
beyond the first index pricing point.
(6)(i) You must report the safety net price for each index zone to
ONRR on Form ONRR–4411, Safety Net Report, no later than
June 30 following each calendar year; . . .
(iii) ONRR may order you to amend your safety net price within one
year from the date your Form ONRR–4411 is due or is filed,
whichever is later. . . .

3

11

33

1206.172(e)(6)(ii) ........

(e) Determining the minimum value for royalty purposes of gas sold
beyond the first index pricing point.
(6)(ii) You must pay and report on Form ONRR–2014 additional
royalties due no later than June 30 following each calendar year;
. . .

1206.172(f)(1)(ii),
(f)(2), and (f)(3).

(f ) Excluding some or all tribal leases from valuation under this
section.
(1) An Indian tribe may ask ONRR to exclude some or all of its
leases from valuation under this section. . . .
(ii) If an Indian tribe requests exclusion from an index zone for less
than all of its leases, ONRR will approve the request only if the
excluded leases may be segregated into one or more groups
based on separate fields within the reservation.
(2) An Indian tribe may ask ONRR S to terminate exclusion of its
leases from valuation under this section. . . .
(3) The Indian tribe’s request to ONRR under either paragraph
(f)(1) or (2) of this section must be in the form of a tribal resolution. . . .

40

1

40

1206.173(a)(1) ............

How do I calculate the alternative methodology for dual accounting?
(a) Electing a dual accounting method.
(1) . . . You may elect to perform the dual accounting calculation
according to either § 1206.176(a) (called actual dual accounting),
or paragraph (b) of this section (called the alternative methodology for dual accounting).

2

12

24

1206.173(a)(2) ............

(a) Electing a dual accounting method ..............................................
(2) You must make a separate election to use the alternative methodology for dual accounting for your Indian leases in each ONRR
S-designated area. . . .

Burden covered under § 1206.173(a)(1).

1206.174(a)(4)(ii) ........

How do I value gas production when an index-based method cannot be used?
(a) Situations in which an index-based method cannot be used.
(4)(ii) If the major portion value is higher, you must submit an
amended Form ONRR–2014 to ONRR by the due date specified
in the written notice from ONRR of the major portion value. . . .

Burden covered under OMB Control Number
1012–0004. Burden covered under § 1210.52.

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Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR

Reporting and recordkeeping requirement

Average
number of
annual
responses

Hour burden

Annual burden
hours

1206.174(b)(1)(i) and
(iii); (b)(2); (d)(2).

(b) Arm’s-length contracts ..................................................................
(1)(i) You have the burden of demonstrating that your contract is
arm’s-length. . . .
(iii) . . . In these circumstances, ONRR will notify you and give you
an opportunity to provide written information justifying your value.
. . .
(2) ONRR may require you to certify that your arm’s-length contract
provisions include all of the consideration the buyer pays, either
directly or indirectly, for the gas, residue gas, or gas plant product.
(d) Supporting data.
(2) You must make all such data available upon request to the authorized ONRR or Indian representatives, to the Office of the Inspector General of the Department, or other authorized persons.
. . .

AUDIT PROCESS. See note.

1206.174(d) ................

(d) Supporting data. If you determine the value of production under
paragraph (c) of this section, you must retain all data relevant to
determination of royalty value.

Burden covered under OMB Control Number
1012–0004.

1206.174(f) .................

(f) Value guidance. You may ask ONRR for guidance in determining value. You may propose a valuation method to ONRR.
Submit all available data related to your proposal and any additional information ONRR deems necessary. . . .

40

1

40

1206.175(d)(4) ............

How do I determine quantities and qualities of production for computing royalties?
(d)(4) You may request ONRR approval of other methods for determining the quantity of residue gas and gas plant products allocable to each lease. . . .

20

1

20

1206.176(b) ................

How do I perform accounting for comparison? ..................................
(b) If you are required to account for comparison, you may elect to
use the alternative dual accounting methodology provided for in
§ 1206.173 instead of the provisions in paragraph (a) of this section.

Burden covered under § 1206.173(a)(1).

1206.176(c) .................

(c) . . . If you do not perform dual accounting, you must certify to
ONRR that gas flows into such a pipeline before it is processed.

Burden covered under § 1206.172(b)(1)(ii).

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Transportation Allowances
1206.177(c)(2) and
(c)(3).

What general requirements regarding transportation allowances
apply to me?
(c)(2) If you ask ONRR, ONRR may approve a transportation allowance deduction in excess of the limitation in paragraph (c)(1) of
this section. . . .
(3) Your application for exception (using Form ONRR–4393, Request to Exceed Regulatory Allowance Limitation) must contain
all relevant and supporting documentation necessary for ONRR
to make a determination.

1206.178(a)(1)(i) .........

How do I determine a transportation allowance? ..............................
(a) Determining a transportation allowance under an arm’s-length
contract.
(1)(i) . . . You are required to submit to ONRR a copy of your
arm’s-length transportation contract(s) and all subsequent
amendments to the contract(s) within 2 months of the date
ONRR receives your report which claims the allowance on the
Form ONRR–2014.

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Burden covered under § 1206.56(b)(2).

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
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hours

Reporting and recordkeeping requirement

1206.178(a)(1)(iii) .......

(a) Determining a transportation allowance under an arm’s-length
contract.
(1)(iii) If ONRR determines that the consideration paid under an
arm’s-length transportation contract does not reflect the value of
the transportation because of misconduct by or between the contracting parties . . . In these circumstances, ONRR will notify
you and give you an opportunity to provide written information
justifying your transportation costs.

1206.178(a)(2)(i) and
(ii).

(a) Determining a transportation allowance under an arm’s-length
contract.
(2)(i) . . . you cannot take an allowance for the costs of transporting lease production that is not royalty bearing without ONRR
approval, or without lessor approval on tribal leases.
(ii) As an alternative to paragraph (a)(2)(i) of this section, you may
propose to ONRR a cost allocation method based on the values
of the products transported. . . .

20

1

20

1206.178(a)(3)(i) and
(ii).

(a) Determining a transportation allowance under an arm’s-length
contract.
(3)(i) If your arm’s-length transportation contract includes both gaseous and liquid products and the transportation costs attributable
to each cannot be determined from the contract, you must propose an allocation procedure to ONRR. . . .
(ii) You are required to submit all relevant data to support your allocation proposal. . . .

40

1

40

1206.178(b)(1)(ii) ........

(b) Determining a transportation allowance under a non-arm’slength contract or no contract.
(1)(ii) . . . You must submit the actual cost information to support
the allowance to ONRR on Form ONRR–4295, Gas Transportation Allowance Report, within 3 months after the end of the 12month period to which the allowance applies. . . .

15

5

75

1206.178(b)(2)(iv) .......

(b) Determining a transportation allowance under a non-arm’slength contract or no contract.
(2)(iv) You may use either depreciation with a return on
undepreciated capital investment or a return on depreciable capital investment. . . . you may not later elect to change to the
other alternative without ONRR approval.

20

1

20

1206.178(b)(2)(iv)(A) ..

(b) Determining a transportation allowance under a non-arm’slength contract or no contract.
(2)(iv)(A) . . . Once you make an election, you may not change
methods without ONRR approval. . . .

20

1

20

1206.178(b)(3)(i) .........

(b) Determining a transportation allowance under a non-arm’slength contract or no contract.
(3)(i) . . . Except as provided in this paragraph, you may not take
an allowance for transporting a product that is not royalty bearing
without ONRR approval.

40

1

40

1206.178(b)(3)(ii) ........

(b) Determining a transportation allowance under a non-arm’slength contract or no contract.
(3)(ii) As an alternative to the requirements of paragraph (b)(3)(i) of
this section, you may propose to ONRR a cost allocation method
based on the values of the products transported. . . .

20

1

20

1206.178(b)(5) ............

(b) Determining a transportation allowance under a non-arm’slength contract or no contract.
(5) If you transport both gaseous and liquid products through the
same transportation system, you must propose a cost allocation
procedure to ONRR. . . . You are required to submit all relevant
data to support your proposal. . . .

40

1

40

1206.178(d)(1) ............

(d) Reporting your transportation allowance ......................................
(1) If ONRR requests, you must submit all data used to determine
your transportation allowance . . .

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Hour burden

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30 CFR

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AUDIT PROCESS. See note.

AUDIT PROCESS. See note.

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Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR

1206.178(d)(2), (e),
and (f)(1).

Reporting and recordkeeping requirement

Average
number of
annual
responses

Hour burden

(d) Reporting your transportation allowance ......................................
(2) You must report transportation allowances as a separate entry
on Form ONRR–2014. . . .
(e) Adjusting incorrect allowances. If for any month the transportation allowance you are entitled to is less than the amount you
took on Form ONRR–2014, you are required to report and pay
additional royalties due, plus interest computed under 30 CFR
1218.54 from the first day of the first month you deducted the improper transportation allowance until the date you pay the royalties due. . . .
(f) Determining allowable costs for transportation allowances. . . .
(1) Firm demand charges paid to pipelines. . . . You must modify
the Form ONRR–2014 by the amount received or credited for the
affected reporting period.

Annual burden
hours

Burden covered under OMB Control Number
1012–0004. Burden covered under § 1210.52.

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Processing Allowances
1206.180(a)(1)(i) .........

How do I determine an actual processing allowance? ......................
(a) Determining a processing allowance if you have an arm’s-length
processing contract.
(1)(i) . . . You have the burden of demonstrating that your contract
is arm’s-length. You are required to submit to ONRR a copy of
your arm’s-length contract(s) and all subsequent amendments to
the contract(s) within 2 months of the date ONRR receives your
first report that deducts the allowance on the Form ONRR–2014.

1206.180(a)(1)(iii) .......

(a) Determining a processing allowance if you have an arm’s-length
processing contract.
(1)(iii) If ONRR determines that the consideration paid under an
arm’s-length processing contract does not reflect the value of the
processing because of misconduct by or between the contracting
parties . . . In these circumstances, ONRR will notify you and
give you an opportunity to provide written information justifying
your processing costs.

1206.180(a)(3) ............

(a) Determining a processing allowance if you have an arm’s-length
processing contract.
(3) If your arm’s-length processing contract includes more than one
gas plant product and the processing costs attributable to each
product cannot be determined from the contract, you must propose an allocation procedure to ONRR. . . . You are required to
submit all relevant data to support your proposal. . . .

40

1

40

1206.180(b)(1)(ii) ........

(b) Determining a processing allowance if you have a non-arm’slength contract or no contract.
(1)(ii) . . . You must submit the actual cost information to support
the allowance to ONRR on Form ONRR–4109, Gas Processing
Allowance Summary Report, within 3 months after the end of the
12-month period for which the allowance applies. . . .

20

12

1200

1206.180(b)(2)(iv) .......

(b) Determining a processing allowance if you have a non-arm’slength contract or no contract.
(2)(iv) You may use either depreciation with a return on
undepreciable capital investment or a return on depreciable capital investment. . . . you may not later elect to change to the
other alternative without ONRR approval.

20

1

20

1206.180(b)(2)(iv) (A)

(b) Determining a processing allowance if you have a non-arm’slength contract or no contract.
(2)(iv)(A) . . . Once you make an election, you may not change
methods without ONRR approval. . . .

20

1

20

1206.180(b)(3) ............

(b) Determining a processing allowance if you have a non-arm’slength contract or no contract.
(3) Your processing allowance under this paragraph (b) must be
determined based upon a calendar year or other period if you
and ONRR agree to an alternative.

20

1

20

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AUDIT PROCESS. See note.

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Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Hour burden

Average
number of
annual
responses

Annual burden
hours

30 CFR

Reporting and recordkeeping requirement

1206.180(c)(1) ............

(c) Reporting your processing allowance ...........................................
(1) If ONRR requests, you must submit all data used to determine
your processing allowance. . . .

AUDIT PROCESS. See note.

1206.180(c)(2) and (d)

(c) Reporting your processing allowance ...........................................
(2) You must report gas processing allowances as a separate entry
on the Form ONRR–2014. . . .
(d) Adjusting incorrect processing allowances. If for any month the
gas processing allowance you are entitled to is less than the
amount you took on Form ONRR–2014, you are required to pay
additional royalties, plus interest computed under 30 CFR
1218.54 from the first day of the first month you deducted a processing allowance until the date you pay the royalties due. . . .

Burden covered under OMB Control Number
1012–0004. Burden covered under § 1210.52.

1206.181(c) .................

How do I establish processing costs for dual accounting purposes
when I do not process the gas?
(c) A proposed comparable processing fee submitted to either the
tribe and ONRR (for tribal leases) or ONRR (for allotted leases)
with your supporting documentation submitted to ONRR. If
ONRR does not take action on your proposal within 120 days,
the proposal will be deemed to be denied and subject to appeal
to the ONRR Director under 30 CFR part 1290.

40

1

40

PART 1207—SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS
Subpart A—General Provisions
1207.4(b) ....................

Contracts made pursuant to old form leases .....................................
(b) The stipulation, the substance of which must be included in the
contract, or be made the subject matter of a separate instrument
properly identifying the leases affected thereby, is as follows . . .

AUDIT PROCESS. See note.

1207.5 .........................

Contract and sales agreement retention ............................................
Copies of all sales contracts, posted price bulletins, etc., and copies of all agreements, other contracts, or other documents which
are relevant to the valuation of production are to be maintained
by the lessee and made available upon request during normal
working hours to authorized ONRR, State or Indian representatives, other ONRR or BLM officials, auditors of the General Accounting Office, or other persons authorized to receive such documents, or shall be submitted to ONRR within a reasonable period of time, as determined by ONRR. Any oral sales arrangement negotiated by the lessee must be placed in written form
and retained by the lessee. Records shall be retained in accordance with 30 CFR part 1212.

AUDIT PROCESS. See note.

Total Burden ........

........................................................................................................

148

2,269

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Note: AUDIT PROCESS—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of
1995 because ONRR staff asks non-standard questions to resolve exceptions.

Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: We have identified no ‘‘nonHour’’ cost burdens.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
agency may not conduct or sponsor—
and a person is not required to respond
to—a collection of information unless it
displays a currently valid OMB control
number.
III. Request for Comments
Section 3506(c)(2)(A) of the PRA
requires each agency to ‘‘. . . provide
60-day notice in the Federal Register
. . . and otherwise consult with

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members of the public and affected
agencies concerning each proposed
collection of information . . .’’ Agencies
must specifically solicit comments to:
(1) Evaluate whether the proposed
collection of information is necessary
for the agency to perform its duties,
including whether the information is
useful; (2) evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (3)
enhance the quality, usefulness, and
clarity of the information that ONRR
collects; and (4) minimize the burden on
the respondents, including the use of
automated collection techniques or
other forms of information technology.

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The PRA also requires agencies to
estimate the total annual reporting
‘‘non-hour cost’’ burden to respondents
or record-keepers resulting from the
collection of information. If you have
costs to generate, maintain, and disclose
this information, you should comment
and provide your total capital and
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods that you use to
estimate (1) major cost factors, including
system and technology acquisition, (2)
expected useful life of capital
equipment, (3) discount rate(s), and (4)
the period over which you incur costs.

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Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices
Capital and startup costs include,
among other items, computers and
software that you purchase to prepare
for collecting information and
monitoring, sampling, and testing
equipment, and record-storage facilities.
Generally, your estimates should not
include equipment or services
purchased (i) before October 1, 1995; (ii)
to comply with requirements not
associated with the information
collection; (iii) for reasons other than to
provide information or keep records for
the Federal Government; or (iv) as part
of customary and usual business or
private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you, free of charge,
upon request. We also will post the ICR
at http://www.onrr.gov/Laws_R_D/
FRNotices/ICR0103.htm.
Public Comment Policy: ONRR will
post all comments, including names and
addresses of respondents at http://
www.regulations.gov. Before including
Personally Identifiable Information (PII),
such as your address, phone number,
email address, or other personal
information in your comment(s), you
should be aware that your entire
comment (including PII) may be made
available to the public at any time.
While you may ask us, in your
comment, to withhold PII from public
view, we cannot guarantee that we will
be able to do so.
Dated: March 3, 2015.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2015–05854 Filed 3–13–15; 8:45 am]
BILLING CODE 4335–30–P

INTERNATIONAL TRADE
COMMISSION

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[Investigation No. 337–TA–893]

Certain Flash Memory Chips and
Products Containing the Same
Commission Determination Not To
Review an Initial Determination
Granting a Joint Motion To Terminate
the Investigation in Its Entirety Based
Upon Settlement; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has determined not to

SUMMARY:

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review an initial determination (‘‘ID’’)
(Order No. 78) of the presiding
administrative law judge (‘‘ALJ’’)
granting a joint motion by complainant
and respondents to terminate the
investigation in its entirety based upon
settlement.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3042. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at http://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at http://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on September 9, 2013, based on a
complaint filed by Spansion, LLC of
Sunnyvale, California (‘‘Spansion’’). The
complaint alleged violations of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain flash memory chips and
products containing the same by reason
of infringement of certain claims of U.S.
Patent Nos. 6,900,124; 7,018,922;
6,369,416; 7,151,027; 6,459,625; and
6,731,536. See 78 Fed. Reg. 55095 (Sept.
9, 2013). The notice of investigation
named the following respondents:
Macronix International Co, Ltd., of
Hsin-chu, Taiwan; Macronix America,
Inc., of Milpitas, California; Macronix
Asia Limited of Kanagawa Pref., Japan;
Macronix (Hong Kong) Co., Ltd., of Sha
Tin, N.T., Hong Kong; Acer Inc. of New
Taipei City, Taiwan; Acer America
Corporation of San Jose, California;
ASUSTek Computer Inc. of Taipei,
Taiwan; Asus Computer International of
Fremont, California; Belkin
International, Inc., of Playa Vista,
California; D-Link Corporation of Taipei
City, Taiwan; D-Link System, Inc., of
Fountain Valley, California; Netgear
Inc., San Jose, California; Nintendo Co.,
Ltd., of Kyoto, Japan; and Nintendo of

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13629

America, Inc., of Redmond, Washington
(collectively, ‘‘Respondents’’).
On January 29, 2015, Spansion and
Respondents filed a joint motion to
terminate the investigation in its
entirety based upon the execution of a
settlement agreement. On February 9,
2015, the Commission investigative
attorney filed a response in support of
termination. No other responses to the
motion were filed.
On February 11, 2015, the ALJ issued
the subject ID, granting the joint motion
to terminate the investigation in its
entirety. The ALJ found that the
settlement agreement complies with the
requirements of Commission Rule
210.21(b) (19 CFR 210.21(b)) and that
terminating Respondents from the
investigation would not be contrary to
the public interest. None of the parties
petitioned for review of the ID.
The Commission has determined not
to review the ID.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.42 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42).
By order of the Commission.
Issued: March 10, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–05812 Filed 3–13–15; 8:45 am]
BILLING CODE 7020–02–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–948]

Certain Toy Figurines and Toy Sets
Containing the Same
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
February 6, 2015, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of LEGO A/S of
Denmark; LEGO System A/S of
Denmark; and LEGO Systems, Inc. of
Enfield, Connecticut.
SUPPLEMENTARY INFORMATION: Letters
supplementing the complaint were filed
on February 18, 2015 and March 10,
2015. The complaint, as supplemented,
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain toy figurines and
SUMMARY:

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