30-Day Notice

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Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices

horse management plan. The Taos Field
Office will provide planning updates
and briefings on the Rı´o Grande del
Norte National Monument Plan,
recreation permits within Rı´o Grande
del Norte National Monument, and the
Cebolla oil and gas leases. A conference
telephone line has been set up for the
meeting. Contact Christine Horton at
505–564–7633 at least 2 days before the
meeting to reserve a line. Due to a
limited number of available lines, the
conference line is available on a firstcome first-served basis. All RAC
meetings are open to the public. On
Thursday, February 26, 2015, at 2 p.m.,
members of the public will have the
opportunity to make comments to the
RAC, during a half-hour public
comment period. Persons wishing to
make comments during the public
comment period should register in
person with the BLM by 1 p.m. on
February 26, 2015, at the meeting
location. If you wish to make a comment
during the comment period through the
conference line, inform Christine
Horton when you call to reserve the
conference line. Depending on the
number of commenters, the length of
comments may be limited; this time
may vary. The BLM appreciates all
comments.
Michael H. Tupper,
Deputy State Director, Lands and Resources.
[FR Doc. 2015–01399 Filed 1–26–15; 8:45 am]
BILLING CODE 4310–FB–P

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0008; DS63610000
DR2PS0000.CH7000 156D0102R2]

Agency Information Collection
Activities: Suspensions Pending
Appeal and Bonding—OMB Control
Number 1012–0006; Comment Request
Office of Natural Resources
Revenue (ONRR), Interior.
ACTION: Notice of a renewal for an
existing Information Collection.
AGENCY:

Final regulations that ONRR
published May 13, 1999 (64 FR 26240,
RIN 1010–AC21), govern the appeal of
orders from Minerals Management
Service’s Royalty Management Program
(now ONRR). To comply with the
Paperwork Reduction Act of 1995
(PRA), ONRR is notifying the public that
we have submitted to the Office of
Management and Budget (OMB) an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under

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SUMMARY:

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30 CFR part 1243. This notice provides
the public a second opportunity to
comment on the burden of these
regulatory requirements.
DATES: OMB has up to 60 days to
approve or disapprove this information
collection request but may respond after
30 days; therefore, you should submit
your public comments to OMB by
February 26, 2015 for the assurance of
consideration.
ADDRESSES: You may submit your
written comments directly to the Desk
Officer for the Department of the
Interior (OMB Control Number 1012–
0006), Office of Information and
Regulatory Affairs, OMB, by email to
[email protected] or
telefax at (202) 395–5806. Please also
mail a copy of your comments to Mr.
Luis Aguilar, Regulatory Specialist,
ONRR, P.O. Box 25165, MS 61030A,
Denver, Colorado 80225–0165, or by
email to [email protected]. Please
reference ICR 1012–0006 in your
comments.
FOR FURTHER INFORMATION CONTACT: For
questions on technical issues, contact
Ms. Kimberly Werner, Office of
Enforcement and Appeals (OEA),
ONRR, telephone (303) 231–3801 or
email [email protected]. For
other questions, contact Mr. Luis
Aguilar, telephone (303) 231–3418, or
email [email protected]. You may
also contact Mr. Aguilar to obtain copies
(free of charge) of (1) the ICR, (2) any
associated forms, and (3) the regulations
that require the subject collection of
information. To see a copy of the entire
ICR submitted to OMB, go to http://
www.reginfo.gov/public/PRAMain and
select ‘‘Information Collection Review,’’
then select ‘‘Department of the Interior’’
in the drop-down box under ‘‘Currently
Under Review.’’
SUPPLEMENTARY INFORMATION:
Title: Suspensions Pending Appeal
and Bonding—30 CFR part 1243
OMB Control Number: 1012–0006.
Bureau Form Numbers: ONRR–4435,
ONRR–4436, and ONRR–4437.
Abstract: The Secretary of the United
States Department of the Interior is
responsible for overseeing mineral
resource development on Federal and
Indian lands and the Outer Continental
Shelf (OCS). Under various laws, the
Secretary’s responsibilities are to
manage mineral resources production
from Federal and Indian lands and the
OCS, collect the royalties and other
mineral revenues due, and distribute the
funds collected under these laws. The
Secretary also has a trust responsibility
to manage Indian lands and seek advice
and input from Indian beneficiaries.
ONRR performs the minerals revenue

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management functions for the Secretary
and assists the Secretary in carrying out
the Department’s trust responsibility for
Indian lands. We have posted these laws
pertaining to mineral leases on Federal
and Indian lands and the OCS at
http://onrr.gov/Laws_R_D/PubLaws/
default.htm.
If ONRR determines that a lessee has
not properly reported or paid Royalties
and other mineral revenues, 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 ONRR determinations.
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
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.
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 under 30 CFR part 1290.
Pending appeal, ONRR may suspend the
payment requirement if the appellant
submits a formal agreement of payment
in case of default such as a bond or
other surety; for Federal oil and gas
leases, the appellant may demonstrate
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.
ONRR accepts the following surety
types: Form ONRR–4435,
Administrative Appeal Bond; Form
ONRR–4436, Letter of Credit; Form
ONRR–4437, Assignment of Certificate
of Deposit; Self-bonding; and U.S.
Treasury Securities.
When an appellant selects and puts
one of the surety types in place, the
appellant must maintain the surety until

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Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices
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 the
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 at http://www.onrr.gov/
compliance/appeals.htm.
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 must submit their contact
and surety amount information on the
bond to obtain the benefit of suspension
of an obligation to comply with an
order. A surety company that the U.S.
Department of the Treasury approves
(see Department of the Treasury Circular
No. 570, as revised periodically in the
Federal Register) must issue the bond.
The ONRR Director or the ONRRdelegated 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 also will include all interest accrued
on the affected bill.

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Form ONRR–4436, Letter of Credit
Appellants may choose to file Form
ONRR–4436, Letter of Credit (LOC),
with no modifications. Requirements at
30 CFR 1243.4 continues to apply. The
ONRR Director or the ONRR-delegated

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bond-approving officer maintains the
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, ONRR 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 using a Certificate of Deposit (CD)
from a bank with the required minimum
Fitch rating and by submitting Form
ONRR–4437, Assignment of Certificate
of Deposit. Appellants must file the
request with ONRR prior to the invoice
due date. We will accept a book-entry
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
appealed issues including applicable
interest charges.
Self-Bonding
For Federal oil and gas leases,
regulations at 30 CFR 1243.201 provides
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) that appellants
file.
In addition, appellants must annually
submit financial statements, subject to
audit, to support their net worth. ONRR
uses the consolidated balance sheet or
business information supplied to
evaluate the financial solvency of a
lessee, designee, or payor seeking a stay

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4309

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. We charge 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).
ONRR only accepts a book-entry TS.
OMB Approval
We are requesting OMB’s approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge the
fiduciary duties of the office and also
may result in loss of royalty and other
payments.
ONRR protects proprietary
information submitted under this
collection. We do not collect
information of a sensitive nature in this
ICR. We require response from
appellants 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: 210
hours.
We have not included in our
estimates certain requirements
performed in the normal course of
business and considered usual and
customary. The following table shows
the estimated burden hours by CFR
section and paragraph:

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Average number
of annual
responses

Annual burden
hours

40
(Forms ONRR–
4435, ONRR–
4436, ONRR–
4437; or TS).

80

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
* * *.

2 hours .............

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. * * *

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2 hours .............

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65
(Self-bonding
submissions).

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4311

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

Citation 30 CFR part
1243

Reporting and recordkeeping requirement

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 * * *:
(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: * * *

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

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.

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

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 five appellants per year will
pay a $50 fee to obtain credit data from
a business information or credit
reporting service, which is a total ‘‘nonhour’’ 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: Section 3506(c)(2)(A) of
the PRA 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 that ONRR collects; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.

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Hour burden

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

To comply with the public
consultation process, we published a
notice in the Federal Register on
February 19, 2014 (79 FR 9475),
announcing that we would submit this
ICR to OMB for approval. The notice
provided the required 60-day comment
period. We received no comments in
response to the notice.
If you wish to comment in response
to this notice, you may send your
comments to the offices listed under the
ADDRESSES section of this notice. OMB
has up to 60 days to approve or
disapprove the information collection,
but they may respond after 30 days.
Therefore, to ensure maximum
consideration, OMB should receive
public comments by February 26, 2015.
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 address, phone number, email
address, or other PII 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: January 22, 2015.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2015–01447 Filed 1–26–15; 8:45 am]
BILLING CODE 4335–30–P

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Annual burden
hours

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

210

INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–528–529 and
731–TA–1264–1268 (Preliminary)]

Certain Uncoated Paper From
Australia, Brazil, China, Indonesia, and
Portugal; Institution of Antidumping
and Countervailing Duty Investigations
and Scheduling of Preliminary Phase
Investigations.
United States International
Trade Commission.
ACTION: Notice.
AGENCY:

The Commission hereby gives
notice of the institution of investigations
and commencement of preliminary
phase antidumping and countervailing
duty investigation Nos. 701–TA–528–
529 and 731–TA–1264–1268
(Preliminary) under sections 703(a) and
733(a) of the Tariff Act of 1930 (19
U.S.C. 1671b(a) and 1673b(a)) (the Act)
to determine whether there is a
reasonable indication that an industry
in the United States is materially
injured or threatened with material
injury, or the establishment of an
industry in the United States is
materially retarded, by reason of
imports from Australia, Brazil, China,
Indonesia, and Portugal of certain
uncoated paper, provided for in
subheadings 4802.56, 4802.57, 4802.62,
and 4802.69 of the Harmonized Tariff
Schedule of the United States, that are
alleged to be sold in the United States
at less than fair value and that are

SUMMARY:

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