60-day notice

Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
ACTION:

Notice.

The Bureau of Land
Management (BLM) is scheduled to file
the plats of survey of the lands
described below thirty (30) calendar
days from the date of this publication in
the BLM Wyoming State Office,
Cheyenne, Wyoming.
FOR FURTHER INFORMATION CONTACT:
Bureau of Land Management, 5353
Yellowstone Road, P.O. Box 1828,
Cheyenne, Wyoming 82003.
SUPPLEMENTARY INFORMATION: These
surveys were executed at the request of
the Bureau of Indian Affairs and are
necessary for the management of these
lands. The lands surveyed are:
The plat and field notes representing
the dependent resurvey of portions of
the Winnebago Indian Reservation
Boundary, the south and east
boundaries, the subdivisional lines and
the subdivision of sections 35 and 36,
and the survey of the subdivision of
sections 35 and 36, Township 27 North,
Range 5 East, Sixth Principal Meridian,
Nebraska, Group No. 169, was accepted
April 26, 2011.
The plat and field notes representing
the dependent resurvey of portions of
the Winnebago Indian Reservation
Boundary, the south and east
boundaries and the subdivision of
sections 35 and 36, and the survey of
the subdivision of sections 35 and 36,
Township 27 North, Range 6 East, Sixth
Principal Meridian, Nebraska, Group
No. 170, was accepted April 26, 2011.
The plat representing the entire
record of the perpetuation of certain
corners and reference monuments
between sections 31 and 32, Township
27 North, Range 6 East, Sixth Principal
Meridian, Nebraska, Group No. 170, was
accepted April 26, 2011.
The plat and field notes representing
the dependent resurvey of portions of
the Winnebago Indian Reservation
Boundary, the subdivisional lines and
the subdivision of certain sections, and
the survey of the subdivision of certain
sections, Township 27 North, Range 7
East, Sixth Principal Meridian,
Nebraska, Group No. 171, was accepted
April 26, 2011.
The plat and field notes representing
the dependent resurvey of portions of
the Winnebago Indian Reservation
Boundary, the subdivisional lines and
the subdivision of certain sections, and
the survey of the subdivision of certain
sections, Township 27 North, Range 8
East, Sixth Principal Meridian,
Nebraska, Group No. 172, was accepted
April 26, 2011.
Copies of the preceding described
plats and field notes are available to the
public at a cost of $1.10 per page.

jlentini on DSKJ8SOYB1PROD with NOTICES

SUMMARY:

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Jkt 223001

Dated: April 28, 2011.
John P. Lee,
Chief Cadastral Surveyor, Division of Support
Services.
[FR Doc. 2011–10820 Filed 5–3–11; 8:45 am]
BILLING CODE 4310–22–P

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0008]

Agency Information Collection
Activities: Proposed Collection,
Comment Request
Office of Natural Resources
Revenue (ONRR), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1012–
0006).
AGENCY:

To comply with the
Paperwork Reduction Act of 1995
(PRA), the Office of Natural Resources
Revenue (ONRR) is inviting comments
on the renewal of a collection of
information that we will submit to the
Office of Management and Budget
(OMB) for review and approval. This
information collection request (ICR) was
formerly approved under OMB Control
Number 1010–0122. However, OMB
approved a new series number and
renumbered our ICRs after the Secretary
of the Interior established ONRR (the
former Minerals Revenue Management,
a program under the Minerals
Management Service) by Secretarial
Order 3299, which was effective
October 1, 2010. Also ONRR published
a rule, effective October 1, 2010,
transferring our regulations from
chapter II to chapter XII in title 30 of the
Code of Federal Regulations (CFR). This
ICR covers the paperwork requirements
in the regulations under 30 CFR part
1243 (previously 30 CFR part 243).
DATES: Submit written comments on or
before July 5, 2011.
ADDRESSES: You may submit comments
on this ICR by any of the following
methods. Please use ‘‘ICR 1012–0006’’ as
an identifier in your comment.
• Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ONRR–
2011–0008 and then click search.
Follow the instructions to submit public
comments. The ONRR will post all
comments.
• Mail comments to Hyla Hurst,
Regulatory Specialist, Office of Natural
Resources Revenue, P.O. Box 25165, MS
61013C, Denver, Colorado 80225. Please
reference ICR 1012–0006 in your
comments.
SUMMARY:

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25367

• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling St., Denver, Colorado
80225. Please reference ICR 1012–0006
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or email [email protected]. You may also
contact Hyla Hurst to obtain copies, at
no cost, of (1) the ICR, (2) any associated
forms, and (3) the regulations that
require the subject collection of
information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 1243—Suspensions
Pending Appeal and Bonding—Office of
Natural Resources Revenue.
OMB Control Number: 1012–0006.
Bureau Form Numbers: Forms ONRR–
4435, ONRR–4436, and ONRR–4437.
Note: These forms are still listed as Forms
MMS–4435, MMS–4436, and MMS–4437 in
the regulations. As ONRR completes the
transition to the new organization, we will
publish a rule updating our form numbers in
the CFR.

Abstract: The Secretary of the Interior
is responsible for mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). The Secretary is required by
various laws 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
in accordance with applicable laws. The
Secretary also has a trust responsibility
to manage Indian lands and seek advice
and information from Indian
beneficiaries. The ONRR performs the
minerals revenue management functions
for the Secretary and assists the
Secretary in carrying out the
Department’s trust responsibility for
Indian lands. Public laws pertaining to
mineral revenues are on our Web site at
http://www.onrr.gov/Laws_R_D/
PublicLawsAMR.htm.
If ONRR determines that a lessee has
not properly reported or paid, we may
issue an order to pay additional
royalties, a Notice of Noncompliance, or
a Civil Penalty Notice requiring correct
reporting or payment. Lessees then have
a right to appeal those ONRR actions.
Regulations at 30 CFR part 1243
govern the submission of appropriate
surety instruments to suspend
compliance with orders or decisions
and to stay the accrual of civil penalties
(if the Office of Hearings and Appeals
grants a lessee’s petition to stay accrual
of civil penalties), pending
administrative appeal for Federal and
Indian leases. For Federal oil and gas

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25368

Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices

leases, under 30 U.S.C. 1724(l) and its
implementing regulations in 30 CFR
part 1243, appellants who are requesting
a suspension without providing a surety
must submit information to demonstrate
financial solvency. This ICR covers the
burden hours associated with
submitting financial statements or
surety instruments required to stay an
ONRR order, decision, or accrual of civil
penalties.

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Stay of Payment Pending Appeal
Title 30 CFR 1243.1 states that lessees
or recipients of ONRR orders may
suspend compliance with an order if
they appeal in accordance with 30 CFR
part 1290. Pending appeal, ONRR
suspends the payment requirement if
the appellant submits a formal
agreement of payment in case of default,
such as a bond or other surety, or, for
Federal oil and gas leases, demonstrates
financial solvency. If the Office of
Hearings and Appeals grants a lessee’s,
or other recipient of a Notice of
Noncompliance or Civil Penalty Notice,
request to stay the accrual of civil
penalties under 30 CFR 1241.55(b)(2)
and 1241.63(b)(2), the lessee or other
recipient must post a bond or other
surety, or, for Federal oil and gas leases,
demonstrate financial solvency.
The ONRR accepts the following
surety types: Form ONRR–4435,
Administrative Appeal Bond (formerly
Form MMS–4435); Form ONRR–4436,
Letter of Credit (formerly Form MMS–
4436); Form ONRR–4437, Assignment of
Certificate of Deposit (formerly Form
MMS–4437); Self-bonding; and U.S.
Treasury Securities.
When one of the surety types is
selected and put in place, appellants
must maintain the surety until
completion of the appeal. If the appeal
is decided in favor of the appellant,
ONRR returns the surety to the
appellant. If the appeal is decided in
favor of ONRR, then we will take action
to collect the total amount due or draw
down on the surety. We draw down on
a surety if the appellant fails to comply
with requirements relating to amount
due, timeframe, or surety submission or
resubmission. Whenever ONRR must
draw down on a surety, we must draw
down the total amount due, which is
defined as unpaid principal plus the
interest accrued to the projected receipt
date of the surety payment. Appellants
may refer to the Surety Instrument
Posting Instructions, which are on our
Web site at http://www.onrr.gov/FM/
Forms/default.htm.

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Forms and Other Surety Types
Form ONRR–4435, Administrative
Appeal Bond
Appellants may file Form ONRR–
4435, Administrative Appeal Bond,
which ONRR uses to secure the
financial interests of the public and
Indian lessors during the entire
administrative and judicial appeal
process. Under 30 CFR 1243.4,
appellants are required to submit their
contact and surety amount information
on the bond to obtain the benefit of
suspension of an obligation to comply
with an order. The bond must be issued
by a qualified surety company that is
approved by the U.S. Department of the
Treasury (see Department of the
Treasury Circular No. 570, revised
periodically in the Federal Register).
The Director for ONRR or the delegated
bond-approving officer maintains these
bonds in a secure facility. After the
appeal has concluded, ONRR may
release and return the bond to the
appellant or collect payment on the
bond. If collection is necessary for a
remaining balance, ONRR will issue a
demand for payment to the surety
company with a notice to the appellant.
We will also include all interest accrued
on the affected bill.
Form ONRR–4436, Letter of Credit
Appellants may choose to file Form
ONRR–4436, Letter of Credit, with no
modifications. Requirements at 30 CFR
1243.4 continue to apply. The Director
or the delegated officer maintains the
Letter of Credit (LOC) in a secure
facility. The appellant is responsible for
verifying that the bank provides a
current Fitch rating to ONRR. After the
appeal has been concluded, we may
release and return the LOC to the
appellant or collect payment on the
LOC. If collection is necessary for a
remaining balance, we will issue a
demand for payment, which includes all
interest assessed on the affected bill, to
the bank with a notice to the appellant.
Form ONRR–4437, Assignment of
Certificate of Deposit
Appellants may choose to secure a
debt by requesting to use a Certificate of
Deposit (CD) from their bank and
submitting Form ONRR–4437,
Assignment of Certificate of Deposit.
Requirements at 30 CFR 1243.4
continue to apply. Appellants must file
the request with ONRR prior to the
invoice due date. We will accept a bookentry CD that explicitly assigns the CD
to the Director. If collection of the CD
is necessary for an unpaid balance, we
will return unused CD funds to the
appellant after total settlement of the

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appealed issues, including applicable
interest charges.
Self-bonding
For Federal oil and gas leases,
regulations at 30 CFR 1243.201 provide
that no surety instrument is required
when a person representing the
appellant periodically demonstrates, to
the satisfaction of ONRR, that the
guarantor or appellant is financially
solvent or otherwise able to pay the
obligation. Appellants must submit a
written request to ‘‘self-bond’’ every time
a new appeal is filed. To evaluate the
financial solvency and exemption from
requirements of appellants to maintain
a surety related to an appeal, ONRR
requires appellants to submit a
consolidated balance sheet, subject to
annual audit. In some cases, we also
require copies of the most recent tax
returns (up to 3 years) filed by
appellants.
In addition, appellants must annually
submit financial statements, subject to
annual audit, to support their net worth.
The ONRR uses the consolidated
balance sheet or business information
supplied to evaluate the financial
solvency of a lessee, designee, or payor
seeking a stay of payment obligation
pending review. If appellants do not
have a consolidated balance sheet
documenting their net worth or if they
do not meet the $300 million net worth
requirement, ONRR selects a business
information or credit reporting service
to provide information concerning an
appellant’s financial solvency. The
ONRR charges the appellant a $50 fee
each time we need to review data from
a business information or credit
reporting service. The fee covers our
costs in determining an appellant’s
financial solvency.
U.S. Treasury Securities
Appellants may choose to secure their
debts by requesting to use a U.S.
Treasury Security (TS). Appellants must
file the letter of request with ONRR
prior to the invoice due date. The TS
must be a U.S. Treasury note or bond
with maturity equal to or greater than 1
year. The TS must equal 120 percent of
the appealed amount plus 1 year of
estimated interest (necessary to protect
ONRR against interest rate fluctuations).
The ONRR accepts only a book-entry
TS.
Request to OMB
We are requesting OMB’s approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge
fiduciary duties and also may result in
loss of royalty and other payments.

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Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
Proprietary information submitted to
ONRR under this collection is protected,
and no items of a sensitive nature are
collected. A response is mandatory in
order to suspend compliance with an
order pending appeal.
Frequency: Annually and on occasion.

Estimated Number and Description of
Respondents: 105 Federal or Indian
appellants.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 105
hours.

25369

The following chart shows the
estimated annual burden hours by CFR
section and paragraph. We have not
included in our estimates certain
requirements performed in the normal
course of business and considered usual
and customary.

jlentini on DSKJ8SOYB1PROD with NOTICES

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR part
1243

Reporting and recordkeeping requirement

Hour
burden

1243.4(a)(1) ...............

How do I suspend compliance with an order? ...............................
(a) If you timely appeal an order, and if that order or portion of
that order: (1) Requires you to make a payment, and you want
to suspend compliance with that order, you must post a bond
or other surety instrument or demonstrate financial solvency
* * *.

1 hour ......

1243.6 ........................

When must I or another person meet the bonding or financial
solvency requirements under this part?
If you must meet the bonding or financial solvency requirements
under § 1243.4(a)(1), or if another person is meeting your
bonding or financial solvency requirements, then either you or
the other person must post a bond or other surety instrument
or demonstrate financial solvency within 60 days after you receive the order or the Notice of Order.

Burden hours covered under § 1243.4(a)(1).

1243.7(a) ...................

What must a person do when posting a bond or other surety instrument or demonstrating financial solvency on behalf of an
appellant?
If you assume an appellant’s responsibility to post a bond or
other surety instrument or demonstrate financial solvency * * *
(a) Must notify ONRR in writing * * * that you are assuming
the appellant’s responsibility * * *.

Burden hours covered under § 1243.4(a)(1).

1243.8(a)(2) and
(b)(2).

When will ONRR suspend my obligation to comply with an
order?
(a) Federal leases. * * * (2) If the amount under appeal is
$10,000 or more, ONRR will suspend your obligation to comply with that order if you:
(i) Submit an ONRR-specified surety instrument under subpart B
of this part within a time period ONRR prescribes; or.
(ii) Demonstrate financial solvency under subpart C .....................
(b) Indian leases. * * * (2) If the amount under appeal is $1,000
or more, ONRR will suspend your obligation to comply with
that order if you submit an ONRR-specified surety instrument
under subpart B of this part within a time period ONRR prescribes.

Burden hours covered under § 1243.4(a)(1).

1243.101(b) ...............

How will ONRR determine the amount of my bond or other surety instrument?
* * * (b) If your appeal is not decided within 1 year from the filing date, you must increase the surety amount to cover additional estimated interest for another 1-year period. You must
continue to do this annually * * *.

Burden hours covered under § 1243.4(a)(1).

1243.200(a) and (b) ...

How do I demonstrate financial solvency?
(a) To demonstrate financial solvency under this part, you must
submit an audited consolidated balance sheet, and, if requested by the ONRR bond-approving officer, up to 3 years of
tax returns to the ONRR, * * *.
(b) You must submit an audited consolidated balance sheet annually, and, if requested, additional annual tax returns on the
date ONRR first determined that you demonstrated financial
solvency as long as you have active appeals, or whenever
ONRR requests. * * *

1243.201(c)(1),
(c)(2)(i) and (c)(2)(ii)
and (d)(2).

How will ONRR determine if I am financially solvent?
* * * (c) If your net worth, minus the amount we would require
as surety under subpart B for all orders you have appealed is
less than $300 million, you must submit * * *:

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1 hour ......

Average number of
annual responses

Annual burden
hours

40 (surety instruments: Forms
ONRR–4435,
ONRR–4436,
ONRR–4437, or
TS).

65 self-bonding submissions.

40

65

Burden hours covered under §§ 1243.4(a)(1) and
1243.200(a) and (b).

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Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Citation 30 CFR part
1243

Hour
burden

Reporting and recordkeeping requirement

Average number of
annual responses

Annual burden
hours

(1) A written request asking us to consult a business-information,
or credit-reporting service or program to determine your financial solvency; and
(2) A nonrefundable $50 processing fee:
(i) You must pay the processing fee * * *;
(ii) You must submit the fee with your request * * * and then annually on the date we first determined that you demonstrated
financial solvency, as long as you are not able to demonstrate
financial solvency * * * and you have active appeals.
(d)* * * (2) For us to consider you financially solvent, the business-information or credit–reporting service or program must
demonstrate your degree of risk as low to moderate: * * *
1243.202(c) ................

When will ONRR monitor my financial solvency?
* * * (c) If our bond-approving officer determines that you are no
longer financially solvent, you must post a bond or other
ONRR-specified surety instrument under subpart B.

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Total Burden ....................................................................................................................

Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost Burden:
There are no additional recordkeeping
costs associated with this information
collection. However, ONRR estimates 5
appellants per year will pay a $50 fee
to obtain credit data from a business
information or credit reporting service,
which is a total ‘‘non-hour’’ cost burden
of $250 per year (5 appellants per year
× $50 = $250).
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.
Comments: Before submitting an ICR
to OMB, PRA section 3506(c)(2)(A)
requires each agency to ‘‘* * * provide
60-day notice in the Federal Register
* * * and otherwise consult with
members of the public and affected
agencies concerning each proposed
collection of information * * *.’’
Agencies must specifically solicit
comments to: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and
(d) minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
The PRA also requires agencies to
estimate the total annual reporting ‘‘nonhour cost’’ burden to respondents or

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Burden hours covered under § 1243.4(a)(1).

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

recordkeepers 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 you use to
estimate major cost factors, including
system and technology acquisition,
expected useful life of capital
equipment, discount rate(s), and the
period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software you purchase to prepare for
collecting information; 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 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 without charge
upon request. We also will post the ICR
on our Web site at http://www.onrr.gov/
Laws_R_D/FRNotices/ICR0122.htm.
Public Comment Policy: We will post
all comments, including names and
addresses of respondents, at http://
www.regulations.gov. Before including
your address, phone number, e-mail
address, or other personal identifying

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

105

information in your comment, be
advised 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 from
public view your personal identifying
information, we cannot guarantee that
we will be able to do so.
Information Collection Clearance
Officer: Rachel Drucker (202) 208–3568.
Dated: April 29, 2011.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2011–10905 Filed 5–3–11; 8:45 am]
BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0009]

Agency Information Collection
Activities: Proposed Collection,
Comment Request
Office of Natural Resources
Revenue (ONRR), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1012–
0008).
AGENCY:

To comply with the
Paperwork Reduction Act of 1995
(PRA), the Office of Natural Resources
Revenue (ONRR) is inviting comments
on a collection of information that we
will submit to the Office of Management
and Budget (OMB) for review and
approval. This information collection
request (ICR) was formerly approved
under OMB Control Number 1010–0107.

SUMMARY:

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