82_FR_27984 82 FR 27868 - Agency Information Collection Activities: Suspensions Pending Appeal and Bonding

82 FR 27868 - Agency Information Collection Activities: Suspensions Pending Appeal and Bonding

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue

Federal Register Volume 82, Issue 116 (June 19, 2017)

Page Range27868-27871
FR Document2017-12596

To comply with the Paperwork Reduction Act of 1995 (PRA), 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 ICR covers the paperwork requirements in the regulations under 30 CFR 1243.

Federal Register, Volume 82 Issue 116 (Monday, June 19, 2017)
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27868-27871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12596]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

[Docket No. ONRR-2011-0008; DS63644000 DR2000000.CH7000 178D0102R2 ]


Agency Information Collection Activities: Suspensions Pending 
Appeal and Bonding

AGENCY: Office of Natural Resources Revenue (ONRR), Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), 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 ICR covers the paperwork requirements in the 
regulations under 30 CFR 1243.

DATES: Submit written comments on or before August 18, 2017.

ADDRESSES: You may submit comments on this ICR to ONRR by using one of 
the following three methods: (Please use ``ICR 1012-0006'' as an 
identifier in your comment).
    1. Electronically go to http://www.regulations.gov. In the entry 
titled ``Enter Keyword or ID,'' enter ``ONRR-2012-0006'' and then click 
``Search.'' Follow the instructions to submit public comments. ONRR 
will post all comments.
    2. Email comments to Mr. Luis Aguilar, Regulatory Specialist, at 
[email protected].
    3. Hand-carry or mail comments, using an overnight courier service, 
to ONRR. Our courier address is Building 53, Entrance E-20, Denver 
Federal Center, West 6th Ave. and Kipling St., Denver, Colorado 80225. 
Visitor parking is available near entrance E-20, with a phone to 
request entry. Call Mr. Armando Salazar at (303) 231-3585 or Ms. Janet 
Giron at (303) 231-3088 to gain entrance.

FOR FURTHER INFORMATION CONTACT: For questions on technical issues, 
contact Ms. Kimberly Werner, Office of Enforcement (OE), ONRR, at (303) 
231-3801 or email to [email protected]. For other questions, 
contact Mr. Luis Aguilar, at (303) 231-3418, or email to 
[email protected]. You may also contact Mr. Aguilar to obtain 
copies (free of charge) of (1) the ICR and (2) the regulations that 
require the subject collection of information. You may also review the 
information collection request online at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION:
    Abstract: The Secretary of the United States Department of the 
Interior is responsible for mineral resource development on Federal and 
Indian lands and the Outer Continental Shelf (OCS). Under various laws, 
the Secretary's responsibility is to manage mineral resources 
production on Federal and Indian lands and the OCS, collect the 
royalties and other mineral revenues due, and distribute the funds 
collected. The Secretary also has a trust responsibility to manage 
Indian lands and seek advice and information from Indian beneficiaries. 
ONRR performs the

[[Page 27869]]

minerals revenue management functions for the Secretary and assists the 
Secretary in carrying out the Department's trust responsibility for 
Indian lands. We have posted those laws pertaining to mineral leases on 
Federal and Indian lands and the OSC at http://www.onrr.gov/Laws_R_D/PubLaws/default.htm.

I. General Information

    When a company or an individual enters into a lease to explore, 
develop, produce, and dispose of minerals from Federal or Indian lands, 
that company or individual agrees to pay the lessor a share in an 
amount or value of production from the leased lands. The lessee is 
required to report various kinds of information to the lessor relative 
to the disposition of the minerals, such as developing, transporting, 
processing, purchasing, or selling such minerals. The information 
collected includes data necessary to ensure that production is 
accurately valued and that royalties are appropriately paid.
    If ONRR determines that a lessee has not properly reported or paid, 
we may issue an order to pay, a Notice of Noncompliance, or a Civil 
Penalty Notice requiring correct reporting or payment. Lessees then 
have a right to appeal ONRR's determination(s).

II. Information Collection

    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; for Federal 
oil and gas leases, the appellant may 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 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/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 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 the U.S. Department of the 
Treasury approves (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 receivable.
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 continues to 
apply. The Director or the delegated bond-approving 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 
receivable, 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 a bank with the required minimum 
rating and submitting form ONRR-4437, Assignment of Certificate of 
Deposit. Requirements at 30 CFR 1243.4 continues to apply. 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, 
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.

[[Page 27870]]

    In addition, appellants must annually submit financial statements, 
subject to annual 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 
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. 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). ONRR only accepts book-entry TS.

III. 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 duties of the office and also may 
result in loss of royalty and other payments. Proprietary information 
submitted to ONRR under this collection is protected, and there are no 
questions of a sensitive nature included in this information 
collection. A response is mandatory in order to suspend compliance with 
an order pending appeal.

IV. Data

    Title: Suspensions Pending Appeal and Bonding.
    OMB Control Number: 1012-0006.
    Bureau Form Numbers: forms ONRR-4435, ONRR-4436, and ONRR-4437.
    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.
    The following table 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.

                                   Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                      Reporting and
   Citation 30 CFR Part 1243          recordkeeping           Hour burden      Average number of   Annual burden
                                       requirement                             annual responses        hours
----------------------------------------------------------------------------------------------------------------
1243.4(a)(1); 1243.6;            How do I suspend         2 hours...........  40 (surety                      80
 1243.7(a); 1243.8(a)(2) and      compliance with an                           instruments:
 (b)(2); 1243.101(b);             order?                                       Forms ONRR-4435,
 1243.202(c).                    (a) If you timely                             ONRR-4436, ONRR-
                                  appeal an order, and                         4437, or TS).
                                  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 * * *.
1243.200(a) and (b);             How do I demonstrate     2 hours...........  65 self-bonding                130
 1243.201(c)(1), (c)(2)(i) and    financial solvency?.                         submissions.
 (c)(2)(ii) and (d)(2).          (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 * * *.
                                                         -------------------------------------------------------
    Total Burden...............  .......................  ..................  105...............             210
----------------------------------------------------------------------------------------------------------------

    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 x $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.

IV. Request for Comments

    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: (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.
    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

[[Page 27871]]

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. 
Capital and startup costs include, among other items, computers and 
software that 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 
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 without charge upon request. We also will post the ICR at http://www.onrr.gov/Laws_R_D/FRNotices/ICR0122.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.
    ONRR Information Collection Coordinator: Jeffrey Parrillo (202) 
208-7072.

Authority

    The authorities for this action are the Mineral Leasing Act of 1920 
(30 U.S.C. 192), Outer Continental Shelf Lands Act (43 U.S.C. 1353), 
Indian Mineral Development Act of 1982 (Pub. L. 97-382--Dec. 22, 1982), 
and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Gregory J. Gould,
Director, Office of Natural Resources Revenue.
[FR Doc. 2017-12596 Filed 6-16-17; 8:45 am]
BILLING CODE 4335-30-P



                                                    27868                          Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

                                                    FOR FURTHER INFORMATION CONTACT:                          Estimated Total Number of Annual                     SUMMARY:    To comply with the
                                                    Rudy Schuster, Supervisory Social                       Responses: 11,000.                                     Paperwork Reduction Act of 1995
                                                    Scientist, at (970) 226–9165 or                           Estimated Time per Response: 20                      (PRA), ONRR is inviting comments on
                                                    schusterr@usgs.gov.                                     minutes.                                               the renewal of a collection of
                                                    SUPPLEMENTARY INFORMATION:                                Estimated Annual Burden Hours:                       information that we will submit to the
                                                                                                            3,667.                                                 Office of Management and Budget
                                                    I. Abstract                                               Estimated Reporting and                              (OMB) for review and approval. This
                                                       The USGS Land Remote Sensing                         Recordkeeping ‘‘Non-Hour Cost’’                        ICR covers the paperwork requirements
                                                    (LRS) Program is currently planning for                 Burden: None.                                          in the regulations under 30 CFR 1243.
                                                    the next generation of Landsat satellites.                Public Disclosure Statement: The PRA                 DATES: Submit written comments on or
                                                    These satellites will continue the multi-               (44 U.S.C. 3501, et seq.) provides that an             before August 18, 2017.
                                                    decadal continuous collection of                        agency may not conduct or sponsor and
                                                                                                                                                                   ADDRESSES: You may submit comments
                                                    moderate-resolution, multispectral,                     you are not required to respond to a
                                                                                                                                                                   on this ICR to ONRR by using one of the
                                                    remotely-sensed imagery through the                     collection of information unless it
                                                                                                                                                                   following three methods: (Please use
                                                    Landsat program. Landsat satellite                      displays a currently valid OMB control
                                                                                                                                                                   ‘‘ICR 1012–0006’’ as an identifier in
                                                    imagery has been available at no cost to                number and current expiration date.
                                                                                                                                                                   your comment).
                                                    the public since 2008, which has                        III. Request for Comments                                 1. Electronically go to http://
                                                    resulted in the distribution of millions                                                                       www.regulations.gov. In the entry titled
                                                    of scenes each subsequent year, as well                    We are soliciting comments as to: (a)
                                                                                                            Whether the proposed collection of                     ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR–
                                                    as tens of thousands of Landsat users                                                                          2012–0006’’ and then click ‘‘Search.’’
                                                    registering with USGS to access the                     information is necessary for the agency
                                                                                                            to perform its duties, including whether               Follow the instructions to submit public
                                                    data. In order to continue to provide                                                                          comments. ONRR will post all
                                                    high quality imagery that meets the                     the information is useful; (b) the
                                                                                                            accuracy of the agency’s estimate of the               comments.
                                                    needs of users, LRS is collecting current                                                                         2. Email comments to Mr. Luis
                                                    and future user requirements for sensor                 burden of the proposed collection of
                                                                                                                                                                   Aguilar, Regulatory Specialist, at
                                                    and satellite attributes. These attributes              information; (c) ways to enhance the
                                                                                                                                                                   Luis.Aguilar@onrr.gov.
                                                    include spatial resolution, spectral                    quality, usefulness, and clarity of the                   3. Hand-carry or mail comments,
                                                    bands, frequency of acquisition, and                    information to be collected; and (d) how               using an overnight courier service, to
                                                    many others. LRS will use the                           to minimize the burden on the                          ONRR. Our courier address is Building
                                                    information from this collection to                     respondents, including the use of                      53, Entrance E–20, Denver Federal
                                                    understand if they are currently meeting                automated collection techniques or                     Center, West 6th Ave. and Kipling St.,
                                                    the needs of their user community and                   other forms of information technology.                 Denver, Colorado 80225. Visitor parking
                                                    to help determine the features of future                   Please note that the comments
                                                                                                                                                                   is available near entrance E–20, with a
                                                    Landsat satellites. Questions will be                   submitted in response to this notice are
                                                                                                                                                                   phone to request entry. Call Mr.
                                                    asked to determine user characteristics,                a matter of public record. Before
                                                                                                                                                                   Armando Salazar at (303) 231–3585 or
                                                    current uses of imagery, preferred                      including your personal mailing
                                                                                                                                                                   Ms. Janet Giron at (303) 231–3088 to
                                                    attributes of Landsat imagery, and                      address, phone number, email address,
                                                                                                                                                                   gain entrance.
                                                    benefits of Landsat imagery. All current                or other personally identifiable
                                                                                                            information in your comment, you                       FOR FURTHER INFORMATION CONTACT: For
                                                    Landsat imagery users who are                                                                                  questions on technical issues, contact
                                                    registered with USGS will be invited to                 should be aware that your entire
                                                                                                            comment, including your personally                     Ms. Kimberly Werner, Office of
                                                    take part in the survey.                                                                                       Enforcement (OE), ONRR, at (303) 231–
                                                       To protect the confidentiality and                   identifiable information, may be made
                                                                                                            publicly available at any time. While                  3801 or email to Kimberly.Werner@
                                                    privacy of survey respondents, the data                                                                        onrr.gov. For other questions, contact
                                                    from the survey will not be associated                  you can ask us in your comment to
                                                                                                            withhold your personally identifiable                  Mr. Luis Aguilar, at (303) 231–3418, or
                                                    with any respondent’s email address at                                                                         email to Luis.Aguilar@onrr.gov. You
                                                    any time and will only be analyzed and                  information from public view, we
                                                                                                            cannot guarantee that we will be able to               may also contact Mr. Aguilar to obtain
                                                    reported in aggregate. All files                                                                               copies (free of charge) of (1) the ICR and
                                                    containing PII will be password-                        do so.
                                                                                                                                                                   (2) the regulations that require the
                                                    protected, housed on secure USGS                          Dated: April 12, 2017.                               subject collection of information. You
                                                    servers, and only accessible to the                     Sharon Taylor,                                         may also review the information
                                                    research team. The data from the survey                 Fort Collins Science Center Director.                  collection request online at http://
                                                    will be aggregated and statistically                    [FR Doc. 2017–12726 Filed 6–16–17; 8:45 am]            www.reginfo.gov/public/do/PRAMain.
                                                    analyzed and the results will be                        BILLING CODE 4338–11–P                                 SUPPLEMENTARY INFORMATION:
                                                    published in publically available USGS                                                                            Abstract: The Secretary of the United
                                                    reports.                                                                                                       States Department of the Interior is
                                                    II. Data                                                DEPARTMENT OF THE INTERIOR                             responsible for mineral resource
                                                                                                                                                                   development on Federal and Indian
                                                       OMB Control Number: 1028–NEW.                        Office of Natural Resources Revenue
                                                       Title: Current and Future Landsat                                                                           lands and the Outer Continental Shelf
                                                    User Requirements.                                      [Docket No. ONRR–2011–0008; DS63644000                 (OCS). Under various laws, the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       Type of Request: New information                     DR2000000.CH7000 178D0102R2 ]                          Secretary’s responsibility is to manage
                                                    collection.                                                                                                    mineral resources production on
                                                       Affected Public: General public.                     Agency Information Collection                          Federal and Indian lands and the OCS,
                                                       Respondent’s Obligation: None.                       Activities: Suspensions Pending                        collect the royalties and other mineral
                                                    Participation is voluntary.                             Appeal and Bonding                                     revenues due, and distribute the funds
                                                       Frequency of Collection: One time                    AGENCY: Office of Natural Resources                    collected. The Secretary also has a trust
                                                    only.                                                   Revenue (ONRR), Interior.                              responsibility to manage Indian lands
                                                       Estimated Annual Number of                                                                                  and seek advice and information from
                                                                                                            ACTION: Notice.
                                                    Respondents: 11,000.                                                                                           Indian beneficiaries. ONRR performs the


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                                                                                   Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices                                             27869

                                                    minerals revenue management functions                   financial solvency. If the Office of                   bond. If collection is necessary for a
                                                    for the Secretary and assists the                       Hearings and Appeals grants a lessee’s,                remaining balance, ONRR will issue a
                                                    Secretary in carrying out the                           or other recipient of a Notice of                      demand for payment to the surety
                                                    Department’s trust responsibility for                   Noncompliance or Civil Penalty Notice,                 company with a notice to the appellant.
                                                    Indian lands. We have posted those                      request to stay the accrual of civil                   We will also include all interest accrued
                                                    laws pertaining to mineral leases on                    penalties under 30 CFR 1241.55(b)(2)                   on the affected receivable.
                                                    Federal and Indian lands and the OSC                    and 1241.63(b)(2), the lessee or other
                                                    at http://www.onrr.gov/Laws_R_D/                                                                               Form ONRR–4436, Letter of Credit
                                                                                                            recipient must post a bond or other
                                                    PubLaws/default.htm.                                    surety; for Federal oil and gas leases, the               Appellants may choose to file form
                                                    I. General Information                                  appellant may demonstrate financial                    ONRR–4436, Letter of Credit, with no
                                                                                                            solvency.                                              modifications. Requirements at 30 CFR
                                                       When a company or an individual                         ONRR accepts the following surety                   1243.4 continues to apply. The Director
                                                    enters into a lease to explore, develop,                types: Form ONRR–4435,                                 or the delegated bond-approving officer
                                                    produce, and dispose of minerals from                   Administrative Appeal Bond; form                       maintains the Letter of Credit (LOC) in
                                                    Federal or Indian lands, that company                   ONRR–4436, Letter of Credit; form                      a secure facility. The appellant is
                                                    or individual agrees to pay the lessor a                ONRR–4437, Assignment of Certificate                   responsible for verifying that the bank
                                                    share in an amount or value of                          of Deposit; Self-bonding; and U.S.                     provides a current Fitch rating to ONRR.
                                                    production from the leased lands. The                   Treasury Securities.                                   After the appeal has been concluded, we
                                                    lessee is required to report various kinds                 When one of the surety types is                     may release and return the LOC to the
                                                    of information to the lessor relative to                selected and put in place, appellants                  appellant or collect payment on the
                                                    the disposition of the minerals, such as                must maintain the surety until                         LOC. If collection is necessary for a
                                                    developing, transporting, processing,                   completion of the appeal. If the appeal                remaining balance, we will issue a
                                                    purchasing, or selling such minerals.                   is decided in favor of the appellant,                  demand for payment, which includes all
                                                    The information collected includes data                 ONRR returns the surety to the                         interest assessed on the affected
                                                    necessary to ensure that production is                  appellant. If the appeal is decided in                 receivable, to the bank with a notice to
                                                    accurately valued and that royalties are                favor of ONRR, then we will take action                the appellant.
                                                    appropriately paid.                                     to collect the total amount due or draw
                                                       If ONRR determines that a lessee has                 down on the surety. We draw down on                    Form ONRR–4437, Assignment of
                                                    not properly reported or paid, we may                   a surety if the appellant fails to comply              Certificate of Deposit
                                                    issue an order to pay, a Notice of                      with requirements relating to amount                      Appellants may choose to secure a
                                                    Noncompliance, or a Civil Penalty                       due, timeframe, or surety submission or                debt by requesting to use a Certificate of
                                                    Notice requiring correct reporting or                   resubmission. Whenever ONRR must                       Deposit (CD) from a bank with the
                                                    payment. Lessees then have a right to                   draw down on a surety, we must draw                    required minimum rating and
                                                    appeal ONRR’s determination(s).                         down the total amount due, which is                    submitting form ONRR–4437,
                                                    II. Information Collection                              defined as unpaid principal plus the                   Assignment of Certificate of Deposit.
                                                                                                            interest accrued to the projected receipt              Requirements at 30 CFR 1243.4
                                                       Regulations at 30 CFR part 1243
                                                                                                            date of the surety payment. Appellants                 continues to apply. Appellants must file
                                                    govern the submission of appropriate
                                                                                                            may refer to the Surety Instrument                     the request with ONRR prior to the
                                                    surety instruments to suspend
                                                                                                            Posting Instructions, which are on our                 invoice due date. We will accept a book-
                                                    compliance with orders or decisions
                                                                                                            Web site at http://www.onrr.gov/                       entry CD that explicitly assigns the CD
                                                    and to stay the accrual of civil penalties
                                                                                                            compliance/appeals.htm.                                to the Director. If collection of the CD
                                                    (if the Office of Hearings and Appeals
                                                    grants a lessee’s petition to stay accrual              Forms and Other Surety Types                           is necessary for an unpaid balance, we
                                                    of civil penalties), pending                                                                                   will return unused CD funds to the
                                                                                                            Form ONRR–4435, Administrative                         appellant after total settlement of the
                                                    administrative appeal for Federal and
                                                                                                            Appeal Bond                                            appealed issues, including applicable
                                                    Indian leases. For Federal oil and gas
                                                    leases, under 30 U.S.C. 1724(l) and its                    Appellants may file Form ONRR–                      interest charges.
                                                    implementing regulations in 30 CFR                      4435, Administrative Appeal Bond,                      Self-Bonding
                                                    part 1243, appellants who are requesting                which ONRR uses to secure the
                                                    a suspension without providing a surety                 financial interests of the public and                     For Federal oil and gas leases,
                                                    must submit information to demonstrate                  Indian lessors during the entire                       regulations at 30 CFR 1243.201, provide
                                                    financial solvency. This ICR covers the                 administrative and judicial appeal                     that no surety instrument is required
                                                    burden hours associated with                            process. Under 30 CFR 1243.4,                          when a person representing the
                                                    submitting financial statements or                      appellants are required to submit their                appellant periodically demonstrates, to
                                                    surety instruments required to stay an                  contact and surety amount information                  the satisfaction of ONRR, that the
                                                    ONRR order, decision, or accrual of civil               on the bond to obtain the benefit of                   guarantor or appellant is financially
                                                    penalties.                                              suspension of an obligation to comply                  solvent or otherwise able to pay the
                                                                                                            with an order. The bond must be issued                 obligation. Appellants must submit a
                                                    Stay of Payment Pending Appeal                          by a qualified surety company that the                 written request to ‘‘self-bond’’ every
                                                      Title 30 CFR 1243.1 states that lessees               U.S. Department of the Treasury                        time a new appeal is filed. To evaluate
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                                                    or recipients of ONRR orders may                        approves (see Department of the                        the financial solvency and exemption
                                                    suspend compliance with an order if                     Treasury Circular No. 570, revised                     from requirements of appellants to
                                                    they appeal under 30 CFR part 1290.                     periodically in the Federal Register).                 maintain a surety related to an appeal,
                                                    Pending appeal, ONRR may suspend the                    The Director for ONRR or the delegated                 ONRR requires appellants to submit a
                                                    payment requirement if the appellant                    bond-approving officer maintains these                 consolidated balance sheet, subject to
                                                    submits a formal agreement of payment                   bonds in a secure facility. After the                  annual audit. In some cases, we also
                                                    in case of default such as a bond or                    appeal has concluded, ONRR may                         require copies of the most recent tax
                                                    other surety; for Federal oil and gas                   release and return the bond to the                     returns (up to 3 years) filed by
                                                    leases, the appellant may demonstrate                   appellant or collect payment on the                    appellants.


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                                                    27870                              Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

                                                       In addition, appellants must annually                           Treasury Security (TS). Appellants must                                        IV. Data
                                                    submit financial statements, subject to                            file the letter of request with ONRR
                                                    annual audit, to support their net worth.                          prior to the invoice due date. The TS                                            Title: Suspensions Pending Appeal
                                                    ONRR uses the consolidated balance                                 must be a U.S. Treasury note or bond                                           and Bonding.
                                                    sheet or business information supplied                             with maturity equal to or greater than 1                                         OMB Control Number: 1012–0006.
                                                    to evaluate the financial solvency of a                            year. The TS must equal 120 percent of
                                                                                                                                                                                                        Bureau Form Numbers: forms ONRR–
                                                    lessee, designee, or payor seeking a stay                          the appealed amount plus 1 year of
                                                                                                                                                                                                      4435, ONRR–4436, and ONRR–4437.
                                                    of payment obligation pending review.                              estimated interest (necessary to protect
                                                    If appellants do not have a consolidated                           ONRR against interest rate fluctuations).                                        Frequency: Annually and on occasion.
                                                    balance sheet documenting their net                                ONRR only accepts book-entry TS.                                                 Estimated Number and Description of
                                                    worth or if they do not meet the $300                                                                                                             Respondents: 105 Federal or Indian
                                                                                                                       III. OMB Approval
                                                    million net worth requirement, ONRR                                                                                                               appellants.
                                                    selects a business information or credit                              We are requesting OMB’s approval to
                                                    reporting service to provide information                           continue to collect this information. Not                                        Estimated Annual Reporting and
                                                    concerning an appellant’s financial                                collecting this information would limit                                        Recordkeeping ‘‘Hour’’ Burden: 210
                                                    solvency. ONRR charges the appellant a                             the Secretary’s ability to discharge the                                       hours.
                                                    $50 fee each time we need to review                                duties of the office and also may result                                         The following table shows the
                                                    data from a business information or                                in loss of royalty and other payments.                                         estimated annual burden hours by CFR
                                                    credit reporting service. The fee covers                           Proprietary information submitted to                                           section and paragraph. We have not
                                                    our costs in determining an appellant’s                            ONRR under this collection is protected,                                       included in our estimates certain
                                                    financial solvency.                                                and there are no questions of a sensitive                                      requirements performed in the normal
                                                                                                                       nature included in this information
                                                    U.S. Treasury Securities                                                                                                                          course of business and considered usual
                                                                                                                       collection. A response is mandatory in
                                                                                                                                                                                                      and customary.
                                                      Appellants may choose to secure their                            order to suspend compliance with an
                                                    debts by requesting to use a U.S.                                  order pending appeal.

                                                                                                          RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
                                                                                                                                                                                                          Average number of annual                   Annual burden
                                                    Citation 30 CFR Part 1243                    Reporting and recordkeeping requirement                                          Hour burden                    responses                              hours

                                                    1243.4(a)(1); 1243.6;               How do I suspend compliance with an order?                                                2 hours ........        40 (surety instruments:                              80
                                                      1243.7(a); 1243.8(a)(2)           (a) If you timely appeal an order, and if that order or                                                             Forms ONRR–4435,
                                                      and (b)(2); 1243.101(b);            portion of that order: (1) Requires you to make a                                                                 ONRR–4436, ONRR–
                                                      1243.202(c).                        payment, and you want to suspend compliance                                                                       4437, or TS).
                                                                                          with that order, you must post a bond or other sur-
                                                                                          ety instrument or demonstrate financial solvency
                                                                                          * * *.
                                                    1243.200(a) and (b);                How do I demonstrate financial solvency? .................                                2 hours ........        65 self-bonding submis-                             130
                                                      1243.201(c)(1), (c)(2)(i)         (a) To demonstrate financial solvency under this part,                                                              sions.
                                                      and (c)(2)(ii) and (d)(2).          you must submit an audited consolidated balance
                                                                                          sheet, and, if requested by the ONRR bond-ap-
                                                                                          proving 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 re-
                                                                                          quests * * *.

                                                         Total Burden ..............    ......................................................................................    .....................   105 ....................................            210



                                                      Estimated Annual Reporting and                                   displays a currently valid OMB control                                         accuracy of the agency’s estimate of the
                                                    Recordkeeping ‘‘Non-hour’’ Cost                                    number.                                                                        burden of the proposed collection of
                                                    Burden: There are no additional                                                                                                                   information; (3) enhance the quality,
                                                                                                                       IV. Request for Comments
                                                    recordkeeping costs associated with this                                                                                                          usefulness, and clarity of the
                                                    information collection. However, ONRR                                Comments: Section 3506(c)(2)(A) of                                           information that ONRR collects; and (4)
                                                    estimates 5 appellants per year will pay                           the PRA requires each agency to ‘‘* * *                                        minimize the burden on the
                                                    a $50 fee to obtain credit data from a                             provide 60-day notice in the Federal                                           respondents, including the use of
                                                    business information or credit reporting                           Register * * * and otherwise consult                                           automated collection techniques or
                                                                                                                                                                                                      other forms of information technology.
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                                                    service, which is a total ‘‘non-hour’’ cost                        with members of the public and affected
                                                    burden of $250 per year (5 appellants                              agencies concerning each proposed                                                 The PRA also requires agencies to
                                                    per year × $50 = $250).                                            collection of information * * *.’’                                             estimate the total annual reporting
                                                                                                                       Agencies must specifically solicit                                             ‘‘non-hour cost’’ burden to respondents
                                                      Public Disclosure Statement: The PRA                             comments to: (1) Evaluate whether the                                          or record-keepers resulting from the
                                                    (44 U.S.C. 3501 et seq.) provides that an                          proposed collection of information is                                          collection of information. If you have
                                                    agency may not conduct or sponsor, and                             necessary for the agency to perform its                                        costs to generate, maintain, and disclose
                                                    a person is not required to respond to,                            duties, including whether the                                                  this information, you should comment
                                                    a collection of information unless it                              information is useful; (2) evaluate the                                        and provide your total capital and


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                                                                                   Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices                                             27871

                                                    startup cost components or annual                       INTERNATIONAL TRADE                                    United States, the sale for importation,
                                                    operation, maintenance, and purchase                    COMMISSION                                             and the sale within the United States
                                                    of service components. You should                                                                              after importation of certain carbon spine
                                                                                                            [Investigation No. 337–TA–1008]
                                                    describe the methods that you use to                                                                           board, cervical collar, CPR masks,
                                                    estimate (1) major cost factors, including              Certain Carbon Spine Board, Cervical                   various medical training manikin
                                                    system and technology acquisition, (2)                  Collar, CPR Masks and Various                          devices, trademarks, copyrights of
                                                    expected useful life of capital                         Medical Training Manikin Devices, and                  product catalogues and products inserts,
                                                    equipment, (3) discount rate(s), and (4)                Trademarks, Copyrights of Product                      and components thereof by reason of
                                                    the period over which you incur costs.                  Catalogues, Product Inserts and                        one or more of: (1) Infringement of claim
                                                    Capital and startup costs include,                      Components Thereof; Issuance of a                      1 of U.S. Patent No. 6,090,058 (‘‘the ’058
                                                    among other items, computers and                        Limited Exclusion Order Against Three                  patent’’); (2) infringement of U.S.
                                                    software that you purchase to prepare                                                                          Trademark Registration No. 3,476,656
                                                                                                            Respondents Found in Default;
                                                    for collecting information; monitoring,                                                                        (‘‘the ’656 mark’’); (3) infringement of
                                                                                                            Issuance of a Cease and Desist Order;
                                                    sampling, and testing equipment; and                                                                           U.S. Copyright Registration Nos. VA 1–
                                                                                                            Termination of the Investigation
                                                    record storage facilities. Generally, your                                                                     879–023 or VA 1–879–026 (‘‘the ’023
                                                    estimates should not include equipment                  AGENCY: U.S. International Trade                       and ’026 copyrights’’); and (4)
                                                    or services purchased: (i) Before October               Commission.                                            infringement and misappropriation of
                                                    1, 1995; (ii) to comply with                            ACTION: Notice.                                        certain Laerdal trade dresses. Id. at
                                                    requirements not associated with the                                                                           41349. The Commission’s notice of
                                                    information collection; (iii) for reasons               SUMMARY:    Notice is hereby given that                investigation named as respondents
                                                    other than to provide information or                    the U.S. International Trade                           Shanghai Evenk International Trading
                                                    keep records for the Federal                            Commission has issued a limited                        Co., Ltd., Shanghai Honglian Medical
                                                    government; or (iv) as part of customary                exclusion order (‘‘LEO’’) against certain              Instrument Development Co., Ltd., and
                                                    and usual business or private practices.                products of Medsource International                    Shanghai Jolly Medical Education Co.,
                                                                                                            Co., Ltd.; Medsource Factory, Inc.; and                Ltd., all of Shanghai, China;
                                                       We will summarize written responses                                                                         Zhangjiagang Xiehe Medical Apparatus
                                                                                                            Basic Medical Supply, LLC. The
                                                    to this notice and address them in our                                                                         & Instruments Co., Ltd., Zhangjiagang
                                                                                                            Commission has also issued a cease and
                                                    ICR submission for OMB approval,                                                                               New Fellow Med Co., Ltd., Jiangsu
                                                                                                            desist order (‘‘CDO’’) against respondent
                                                    including appropriate adjustments to                                                                           Yongxin Medical Equipment Co., Ltd.,
                                                                                                            Basic Medical Supply, LLC. The
                                                    the estimated burden. We will provide                                                                          and Jiangsu Yongxin Medical-Use
                                                                                                            investigation is terminated.
                                                    a copy of the ICR to you without charge                                                                        Facilities Making, Co., Ltd, all of
                                                    upon request. We also will post the ICR                 FOR FURTHER INFORMATION CONTACT:
                                                                                                            Robert Needham, Office of the General                  Zhangjiagang City, China; Jiangyin
                                                    at http://www.onrr.gov/Laws_R_D/                                                                               Everise Medical Devices Co., Ltd., of
                                                    FRNotices/ICR0122.htm.                                  Counsel, U.S. International Trade
                                                                                                            Commission, 500 E Street SW.,                          Jiangyin City, China; Medsource
                                                       Public Comment Policy: ONRR will                     Washington, DC 20436, telephone (202)                  International Co., Ltd. (‘‘Medsource
                                                    post all comments, including names and                  708–5468. Copies of non-confidential                   International’’) and Medsource Factory,
                                                    addresses of respondents at http://                     documents filed in connection with this                Inc. (‘‘Medsource Factory’’), both of
                                                    www.regulations.gov. Before including                   investigation are or will be available for             PuDong, China; and Basic Medical
                                                    Personally Identifiable Information (PII),              inspection during official business                    Supply, LLC (‘‘Basic Medical’’) of
                                                    such as your address, phone number,                     hours (8:45 a.m. to 5:15 p.m.) in the                  Richmond, Texas (collectively,
                                                    email address, or other personal                        Office of the Secretary, U.S.                          ‘‘Respondents’’). Id. at 41350. The Office
                                                    information in your comment(s), you                     International Trade Commission, 500 E                  of Unfair Import Investigations (‘‘OUII’’)
                                                    should be aware that your entire                        Street SW., Washington, DC 20436,                      was also named as a party. Id.
                                                    comment (including PII) may be made                                                                               On November 7, 2016, the presiding
                                                                                                            telephone (202) 205–2000. General
                                                    available to the public at any time.                                                                           administrative law judge (‘‘ALJ’’)
                                                                                                            information concerning the Commission
                                                    While you may ask us, in your                                                                                  ordered all of the respondents to show
                                                                                                            may also be obtained by accessing its
                                                    comment, to withhold PII from public                                                                           cause why they should not be held in
                                                                                                            Internet server (https://www.usitc.gov).               default for failing to respond to the
                                                    view, we cannot guarantee that we will                  The public record for this investigation
                                                    be able to do so.                                                                                              amended complaint and Notice of
                                                                                                            may be viewed on the Commission’s                      Investigation, and set a response
                                                       ONRR Information Collection                          electronic docket (EDIS) at https://                   deadline of November 14, 2016. Order
                                                    Coordinator: Jeffrey Parrillo (202) 208–                edis.usitc.gov. Hearing-impaired                       No. 5. No responses were filed. On
                                                    7072.                                                   persons are advised that information on                November 21, 2016, the ALJ issued an
                                                                                                            this matter can be obtained by                         initial determination (Order No. 6)
                                                    Authority
                                                                                                            contacting the Commission’s TDD                        finding all respondents in default
                                                       The authorities for this action are the              terminal on (202) 205–1810.                            pursuant to Commission Rules 210.16
                                                    Mineral Leasing Act of 1920 (30 U.S.C.                  SUPPLEMENTARY INFORMATION: The                         and 210.17. No petitions for review of
                                                    192), Outer Continental Shelf Lands Act                 Commission instituted this investigation               the ID were filed. On December 20,
                                                    (43 U.S.C. 1353), Indian Mineral                        on June 24, 2016, based on an amended                  2016, the Commission determined not
                                                    Development Act of 1982 (Pub. L. 97–                    complaint, as supplemented, filed by                   review the ID, and sought submission
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                                                    382—Dec. 22, 1982), and the Paperwork                   Laerdal Medical Corp. of Wappingers                    from the parties and the public on
                                                    Reduction Act of 1995 (44 U.S.C. 3501                   Falls, New York, and Laerdal Medical                   remedy, the public interest, and
                                                    et seq.).                                               AS of Stavanger, Norway (together,                     bonding.
                                                                                                            ‘‘Laerdal’’). 81 FR 41349–50. The                         The Commission received responsive
                                                    Gregory J. Gould,                                       investigation was instituted to                        submissions from Laerdal and OUII on
                                                    Director, Office of Natural Resources                   determine whether there is a violation                 January 5, 2017, and reply submissions
                                                    Revenue.                                                of section 337 of the Tariff Act of 1930,              from Laerdal and OUII on January 10,
                                                    [FR Doc. 2017–12596 Filed 6–16–17; 8:45 am]             as amended, 19 U.S.C. 1337 (‘‘section                  2017. The submissions agreed that the
                                                    BILLING CODE 4335–30–P                                  337’’), in the importation into the                    appropriate remedy is the entry of a


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Document Created: 2017-06-17 01:48:09
Document Modified: 2017-06-17 01:48:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit written comments on or before August 18, 2017.
ContactFor questions on technical issues, contact Ms. Kimberly Werner, Office of Enforcement (OE), ONRR, at (303) 231-3801 or email to [email protected] For other questions, contact Mr. Luis Aguilar, at (303) 231-3418, or email to [email protected] You may also contact Mr. Aguilar to obtain copies (free of charge) of (1) the ICR and (2) the regulations that require the subject collection of information. You may also review the information collection request online at http://www.reginfo.gov/public/ do/PRAMain.
FR Citation82 FR 27868 

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