Published 30-Day Notice

88_42102 June 29 2023.pdf

Suspensions Pending Appeal and Bonding

Published 30-Day Notice

OMB: 1012-0006

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42102

Federal Register / Vol. 88, No. 124 / Thursday, June 29, 2023 / Notices

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0008; DS63644000
DRT000000.CH7000 234D1113RT; OMB
Control Number 1012–0006]

Agency Information Collection
Activities; Suspensions Pending
Appeal and Bonding
Office of Natural Resources
Revenue, Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), the Office of Natural Resources
Revenue (‘‘ONRR’’) is proposing to
renew an information collection.
Through this Information Collection
Request renewal (‘‘ICR’’), ONRR seeks
renewed authority to collect information
related to the paperwork requirements
necessary to post a bond or other surety,
or to demonstrate financial solvency to
suspend compliance with an order or to
stay the assessment or accrual of civil
penalties.

SUMMARY:

Submit written comments on or
before July 31, 2023.
ADDRESSES: All comment submissions
must (1) reference ‘‘OMB Control
Number 1012–0006’’ in the subject line;
(2) be sent to ONRR before the close of
the comment period listed under DATES;
and (3) be sent using the following
method:
Electronically via the Federal
eRulemaking Portal: Please visit https://
www.regulations.gov. In the Search Box,
enter the Docket ID Number for this ICR
renewal (‘‘ONRR–2011–0008’’) and click
‘‘search’’ to view the publications
associated with the docket folder.
Locate the document with an open
comment period and click the
‘‘Comment Now!’’ button. Follow the
prompts to submit your comment prior
to the close of the comment period.
Docket: To access the docket folder to
view the ICR Federal Register
publications, go to https://
www.regulations.gov and search
‘‘ONRR–2011–0008’’ to view renewal
notices recently published in the
Federal Register, publications
associated with prior renewals, and
applicable public comments received
for this ICR. ONRR will make the
comments submitted in response to this
notice available for public viewing at
https://www.regulations.gov.
OMB ICR Data: OMB also maintains
information on ICR renewals and
approvals. You may access this
information at https://www.reginfo.gov/

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public/do/PRASearch. Please use the
following instructions: Under the ‘‘OMB
Control Number’’ heading enter ‘‘1012–
0006’’ and click the ‘‘Search’’ button
located at the bottom of the page. To
view the ICR renewal or OMB approval
status, click on the latest entry (based on
the most recent date). On the ‘‘View
ICR—OIRA Conclusion’’ page, check the
box next to ‘‘All’’ to display all available
ICR information provided by OMB.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, please contact Kimberly
Werner, Financial Services, ONRR, by
telephone at (303) 231–3801 or email to
[email protected]. Individuals
in the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: Pursuant
to the PRA, 44 U.S.C. 3501, et seq., and
5 CFR 1320.5, all information
collections, as defined in 5 CFR 1320.3,
require approval by OMB. ONRR may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
As part of ONRR’s continuing effort to
reduce paperwork and respondent
burdens, ONRR is inviting the public
and other Federal agencies to comment
on new, proposed, revised, and
continuing collections of information in
accordance with the PRA and 5 CFR
1320.8(d)(1). This helps ONRR to assess
the impact of its information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand ONRR’s information
collection requirements and provide the
requested data in the desired format.
ONRR is especially interested in
public comments addressing the
following:
(1) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) The accuracy of ONRR’s estimate
of the burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to

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respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
On January 13, 2023, the Bureau of
Indian Affairs (‘‘BIA’’) published a
proposed rule (88 FR 2430) to amend its
regulations to allow ONRR to issue
certain types of orders relating to the
Osage Nation mineral estate in Osage
County, Oklahoma (‘‘Osage Mineral
Estate’’). The proposed rule would allow
a person adversely affected by an ONRR
order concerning the Osage Mineral
Estate to post a surety instrument to
suspend compliance with the order
during an appeal (see 88 FR 2498–99).
On January 19, 2023, ONRR published
a 60-day notice (88 FR 3430) proposing
to both renew this ICR and expand it to
include ONRR’s additional surety
information collections for Osage
Mineral Estate orders if the BIA’s
proposed amendments become final.
Because the BIA has not published a
final rule as of this date, ONRR is not
seeking in this 30-day notice to expand
this ICR to include Osage Mineral Estate
information collections. Accordingly,
this 30-day notice only seeks renewed
authority to collect information related
to the surety and financial solvency
paperwork requirements under 30 CFR
part 1243. ONRR may later seek to
expand this ICR to include surety
information collections for Osage
Mineral Estate orders if the BIA adopts
its proposed amendments.
ONRR did not receive any comments
in response to the Federal Register 60day notice available at
www.regulations.gov. However, ONRR
reached out to members of industry to
solicit comments and received four
comments in response to this
information collection request renewal.
Three of those comments agreed with
the content of this ICR. One commenter
disagreed with the amount of time that
ONRR uses to calculate the burden
hours. ONRR acknowledged and
provided responses to all commenters
accordingly.
Comments that you submit in
response to this 30-day notice are a
matter of public record. ONRR will
include or summarize each comment in
its request to OMB to approve this ICR.
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 ONRR in your
comment to withhold your personal

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Federal Register / Vol. 88, No. 124 / Thursday, June 29, 2023 / Notices
identifying information from public
review, ONRR cannot guarantee that it
will be able to do so.
Abstract: (a) General Information:
ONRR issues orders and assesses civil
penalties in performing mineral revenue
management responsibilities for the
Secretary of the Interior. See U.S.
Department of the Interior Departmental
Manual, 112 DM 34.1 (Sept. 9, 2020). A
person who timely appeals an ONRR
order may post a bond or other surety
instrument pursuant to 30 CFR part
1243, or, for Federal leases, demonstrate
financial solvency pursuant to 30 CFR
part 1243, subpart C, to suspend its
compliance with the order during the
appeal. See 30 CFR 1243.1. Similarly, if
an administrative law judge determines
that a stay is warranted, the recipient of
a civil penalty notice who timely
requests a hearing may post a surety
instrument or demonstrate financial
solvency under these same subparts to
stay the assessment or accrual of
penalties pending a hearing on the
record and decision by the
administrative law judge. See 30 CFR
1241.11.
(b) Information Collections: 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. See 30
CFR 1210.157. Instructions for
submitting these surety instruments or
self-bonding are located at https://
www.onrr.gov/document/SuretyInst.pdf.
This ICR covers the burden hours
associated with submitting surety
instruments and self-bonding pursuant
to 30 CFR part 1243 as follows:
(1) Form ONRR–4435, Administrative
Appeal Bond: A person using this form
of surety supplies various information
on the form ONRR–4435, such as its
contact information, surety company
name and address, and surety amount.
The bond must be issued by a qualified
surety company approved by the U.S.
Department of the Treasury (see
Department of the Treasury Circular No.
570, revised periodically in the Federal
Register). ONRR maintains the bond in
a secure facility.
(2) Form ONRR–4436, Letter of Credit:
A person using this form of surety must
complete the form ONRR–4436, with no
modifications. The person supplies
various information on the form, such as
bank name and address, bank ABA
number, and effective date. ONRR
maintains the letter of credit in a secure
facility. The person submitting the letter
of credit is responsible for verifying that
the bank provides a current Fitch rating
to ONRR.

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(3) Form ONRR–4437, Assignment of
Certificate of Deposit: A person seeking
to use a Certificate of Deposit (CD) as
surety must submit a written request to
ONRR to do so. A person using this
form of surety supplies various
information on the form ONRR–4437,
such as the CD number, CD amount, and
bank name. ONRR will accept only a
book-entry CD that explicitly assigns the
CD to ONRR’s Director.
(4) U.S. Treasury Securities: A person
seeking to use a U.S. Treasury Security
(‘‘TS’’) as surety must submit a written
request to ONRR to do so. The TS must
be a U.S. Treasury note or bond with
maturity equal to or greater than one
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.
(5) Self-bonding: For Federal oil and
gas leases only (not Indian leases), 30
CFR 1243.201 provides that no surety
instrument is required when a person
periodically demonstrates, to the
satisfaction of ONRR, that it is
financially solvent or otherwise able to
pay the obligation. ONRR requires the
person to submit a consolidated balance
sheet, subject to annual audit. In some
cases, ONRR also requires copies of the
most recent tax returns (up to three
years).
In addition, the person must annually
submit financial statements, subject to
audit, to support its net worth. If the
person does not have a consolidated
balance sheet documenting its net
worth, or if it does not meet the $300
million net worth requirement, ONRR
will select a business information or
credit reporting service to provide
information concerning its financial
solvency. ONRR charges a $50 fee each
time it reviews data from a business
information or credit reporting service.
The fee covers ONRR’s cost to
determine financial solvency.
Title of Collection: Suspensions
Pending Appeal and Bonding.
OMB Control Number: 1012–0006.
Form Number: Forms ONRR–4435,
ONRR–4436, and ONRR–4437.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Businesses.
Total Estimated Number of Annual
Respondents: 105 Federal or Indian
appellants.
Total Estimated Number of Annual
Responses: 105.
Estimated Completion Time per
Response: 2 hours.
Total Estimated Number of Annual
Burden Hours: 210.
Respondent’s Obligation: Mandatory.

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42103

Frequency of Collection: Annual and
on occasion.
Total Estimated Annual Non-hour
Burden Cost: 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).
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.
The authority for this action is the
PRA (44 U.S.C. 3501 et seq.).
Howard Cantor,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2023–13867 Filed 6–28–23; 8:45 am]
BILLING CODE 4335–30–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1330 (Review)]

Dioctyl Terephthalate From South
Korea
Determination
On the basis of the record 1 developed
in the subject five-year review, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping duty order on dioctyl
terephthalate from South Korea would
be likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.
Background
The Commission instituted this
review on July 1, 2022 (87 FR 39556)
and determined on October 4, 2022 that
it would conduct a full review (87 FR
75067, December 7, 2022). Notice of the
scheduling of the Commission’s review
and of a public hearing to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register on December 22, 2022
(87 FR 78708). Since one party
requested cancellation of a hearing and
no other parties requested a hearing, the
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).

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