82 FR 60034 - Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Suspensions Pending Appeal and Bonding
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue Federal Register Volume 82, Issue 241 (December 18, 2017)
Office of Natural Resources Revenue
Federal Register Volume 82, Issue 241 (December 18, 2017)
| Page Range | 60034-60038 | |
| FR Document | 2017-27204 |
[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)] [Notices] [Pages 60034-60038] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27204] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Natural Resources Revenue [Docket No. ONRR-2011-0008; DS63644000 DR2000000.CH7000 189D0102R2; OMB Control Number 1012-0006] Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Suspensions Pending Appeal and Bonding AGENCY: Office of Natural Resources Revenue, Interior. ACTION: Notice of extension. ----------------------------------------------------------------------- SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we, the Office of Natural Resources Revenue (ONRR), are proposing to renew an information collection. DATES: Interested persons are invited to submit comments on or before January 17, 2018 for the assurance of consideration. ADDRESSES: You may submit your written comments on this ICR to the Office of Management and Budget's Desk Officer for the Department of the Interior by email to [email protected]: or via facsimile to (202) 395-5806. Please also mail a copy of your comments to Mr. Luis Aguilar, Regulatory Specialist, P.O. Box 25165, MS 64400, Denver, Colorado 80225-0165, or by email to [email protected]. Please reference ``OMB Control Number 1012-0006'' in your comments. FOR FURTHER INFORMATION CONTACT: For questions on technical issues, contact Ms. Kimberly Werner, Office of Enforcement and Appeals (OEA), ONRR, 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, at no cost, of (1) the ICR, (2) any associated forms, and (3) the regulations that require us to collect the information. You may view the ICR at http://www.reginfo.gov/public/do/PRAMain and select ``Information Collection Review,'' then select ``Department of the Interior'' in the drop-down box under ``Currently Under Review.'' SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We published a notice, with a 60-day public comment period soliciting comments on this collection of information, in the Federal Register on June 19, 2017 (82 FR 27868). We received the following comments in response to the notice: ``We respectfully offer the following scenario on this process from start to finish: (1) Upon demand letter from the ONRR, Fieldwood Energy responds with correspondence requesting the ONRR accept Area-Wide Bonds currently filed with the BOEM for our various entities, which incidentally total excess of $23 million, to secure the nominal Administrative Appeals in lieu of separate specific Appeal bonds. It should be noted that none of the monetary demands from ONRR have come close to exceeding $1 million; (2) In the event, the use of and Area-Wide bond is rejected by ONRR, Fieldwood then must approach the commercial surety market to negotiate terms with prospective sureties for the amount required by ONRR--this may entail the production of recent financial information as well as operational plans on Fieldwood leading up to several calls and discussions with the surety. This may also require the establishment of new relationships with sureties who do not know our company--all of which is time consuming and not done overnight; and (3) Ultimately, Fieldwood obtains a surety bond and files it with your office. So, it is quite customary for this process to take days and not several hours of our staff's time. ``The two burden hours for the majority of the typical requests received are adequate. On some occasions, we might have to have a little more internal dialogue or research if we do not have all the information for the appeal upfront. Generally, those requests fall in the 2-4 hour burden. For the most part, however, 2 hours is generally the amount of burden hours needed. There again, for clarification, this is the internal burden time for our staff. It would take generally 48- 72 hours for our surety to turn around the request. ``For WPX who has an existing surety bond line, 2 hours are probably sufficient labor hours. However, for [[Page 60035]] companies that do not have bond line or have used up their capacity, the amount of time spent securing the security bond could take much longer.'' Once again, we are soliciting comments on this ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of ONRR; (2) will this information be processed and used in a timely manner; (3) is the estimate of the burden accurate; (4) how might ONRR enhance the quality, usefulness, and clarity of the information collected; and (5) how might ONRR minimize the burden of this collection on the respondents, including through the use of information technology. Comments that you submit in response to this notice are a matter of public record. Before including your Personally Identifiable Information (PII), such as your address, phone number, email address, or other personal identifying 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 your PII from public view, we cannot guarantee that we will be able to do so. Abstract: The Secretary of the United States Department of the Interior is responsible for collecting royalties from lessees who produce minerals from leased Federal and Indian lands and the Outer Continental Shelf (OCS). Under various laws, the Secretary's responsibilities are to manage mineral resources production from Federal and Indian lands and the OCS, collect the royalties and other mineral revenues due, and distribute the funds collected. The Secretary also has a trust responsibility to manage Indian lands and seek advice and input from Indian beneficiaries. ONRR performs the royalty management functions and assists the Secretary in carrying out the Department's responsibility for Indian lands. We have posted those laws pertaining to mineral leases on Federal and Indian lands and the OCS at http://onrr.gov/Laws_R_D/PubLaws/default.htm. I. General Information If ONRR determines that a lessee has not properly reported or paid royalties and other mineral revenues, we may issue an order to pay additional royalties, a Notice of Noncompliance, or a Civil Penalty Notice requiring correct reporting or payment. Lessees then have a right to appeal ONRR determinations. Implementing regulations at 30 CFR part 1243 govern the suspension of 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 leases. These regulations require an appellant to submit information demonstrating financial solvency in lieu of providing a surety. For those appellants who are not financially solvent or for appeals involving Indian leases, ONRR requires appellants to post a surety instrument to secure the financial interest of the public and Indian lessors during the entire administrative or judicial appeal process. This ICR covers the burden hours that appellants incur when submitting the financial statements or surety instruments, subject to annual audit, that are required to stay an ONRR order, decision, or accrual of civil penalties. II. Information Collections Title 30 CFR 1243.1 states that lessees or recipients of ONRR orders may suspend compliance with an order if they appeal under 30 CFR part 1290. Pending appeal, ONRR may suspend the payment requirement if the appellant submits a formal agreement of payment in case of default such as a bond or other surety; for Federal oil and gas leases, the appellant may demonstrate financial solvency. If the Office of Hearings and Appeals grants a lessee's, or other recipient of a Notice of Noncompliance or Civil Penalty Notice, request to stay the accrual of civil penalties under 30 CFR 1241.55(b)(2) and 1241.63(b)(2), the lessee or other recipient must post a bond or other surety, or for Federal oil and gas leases, demonstrate financial solvency. ONRR accepts the following surety types: form ONRR-4435, Administrative Appeal Bond; form ONRR-4436, Letter of Credit; form ONRR-4437, Assignment of Certificate of Deposit; Self-bonding; and U.S. Treasury Securities. When an appellant selects and puts one of the surety types in place, the appellant must maintain the surety until completion of the appeal. If the appeal is decided in favor of the appellant, ONRR returns the surety to the appellant. If the appeal is decided in favor of ONRR, then we will take action to collect the total amount due or draw down on the surety. We draw down on a surety if the appellant fails to comply with requirements relating to the amount due, timeframe, or surety submission or resubmission. Whenever ONRR must draw down on a surety, we must draw down the total amount due, which is defined as unpaid principal plus the interest accrued to the projected receipt date of the surety payment. Appellants may refer to the Surety Instrument Posting Instructions, which are at http://www.onrr.gov/compliance/appeals.htm. Forms and Other Surety Types Form ONRR-4435 [Administrative Appeal Bond] Appellants may file form ONRR-4435, Administrative Appeal Bond, which ONRR uses to secure the financial interests of the public and Indian lessors during the entire administrative and judicial appeal process. Under 30 CFR 1243.4, appellants must submit their contact and surety amount information on the bond to obtain the benefit of suspension of an obligation to comply with an order. A surety company that the U.S. Department of the Treasury approves (see Department of the Treasury Circular No. 570, as revised periodically in the Federal Register) must issue the bond. The ONRR Director or the ONRR-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 also will include all interest accrued on the affected bill. Form ONRR-4436 [Letter of Credit] Appellants may choose to file form ONRR-4436, Letter of Credit (LOC), with no modifications. Requirements at 30 CFR 1243.4 continues to apply. The ONRR Director or the ONRR-delegated bond-approving officer maintains the LOC in a secure facility. The appellant is responsible for verifying that the bank provides a current Fitch rating to ONRR. After the appeal has been concluded, ONRR may release and return the LOC to the appellant or collect payment on the LOC. If collection is necessary for a remaining balance, we will issue a demand for payment, which includes all interest assessed on the affected bill, to the bank with a notice to the appellant. Form ONRR-4437 [Assignment of Certificate of Deposit] Appellants may choose to secure a debt using a Certificate of Deposit (CD) from a bank with the required minimum Fitch rating and by submitting form ONRR-4437, Assignment of Certificate of Deposit. Appellants must file the [[Page 60036]] request with ONRR prior to the invoice due date. We will accept a book- entry CD that explicitly assigns the CD to the Director. If collection of the CD is necessary for an unpaid balance, we will return unused CD funds to the appellant after total settlement of the appealed issues including applicable interest charges. Self-Bonding For Federal oil and gas leases, regulations at 30 CFR 1243.201 provides that no surety instrument is required when a person representing the appellant periodically demonstrates to the satisfaction of ONRR, that the guarantor or appellant is financially solvent or otherwise able to pay the obligation. Appellants must submit a written request to ``self-bond'' every time a new appeal is filed. To evaluate the financial solvency and exemption from requirements of appellants to maintain a surety related to an appeal, ONRR requires appellants to submit a consolidated balance sheet subject to annual audit. In some cases, we also require copies of the most recent tax returns (up to 3 years) that appellants file. In addition, appellants must annually submit financial statements, subject to audit, to support their net worth. ONRR uses the consolidated balance sheet or business information supplied to evaluate the financial solvency of a lessee, designee, or payor seeking a stay of payment obligation pending review. If appellants do not have a consolidated balance sheet documenting their net worth or if they do not meet the $300 million net worth requirement, ONRR selects a business information or credit reporting service to provide information concerning an appellant's financial solvency. We charge the appellant a $50 fee each time we need to review data from a business information or credit reporting service. The fee covers our costs in determining an appellant's financial solvency. U.S. Treasury Securities Appellants may choose to secure their debts by requesting to use a U.S. Treasury Security (TS). Appellants must file the letter of request with ONRR prior to the invoice due date. The TS must be a U.S. Treasury note or bond with maturity equal to or greater than 1 year. The TS must equal 120 percent of the appealed amount plus 1 year of estimated interest (necessary to protect ONRR against interest rate fluctuations). ONRR only accepts a book-entry TS. III. OMB Approval The information we collect under this ICR is essential in order to require response from appellants to suspend compliance with an order pending appeal. We are requesting OMB's approval to continue to collect this information. Not collecting this information would limit the Secretary's ability to discharge fiduciary duties and also may result in loss of royalty and other payments. ONRR protects the proprietary information received and does not collect items of a sensitive nature in this ICR. IV. Data Title: Suspensions Pending Appeal and Bonding, 30 CFR part 1243. OMB Control Number: 1012-0006. Bureau Form Numbers: ONRR-4435, ONRR-4436, and ONRR-4437. 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 hours. Respondent's Obligation: Mandatory. Frequency of Collection: Annually and on occasion. Total Estimated Annual Nonhour Burden Cost: There are no additional recordkeeping costs associated with this ICR. However, ONRR estimates that five appellants per year will pay a $50 fee to obtain credit data from a business information or credit reporting service, which is a total ``non-hour'' cost burden of $250 per year (5 appellants per year x $50 = $250). We have not included in our estimates certain requirements performed in the normal course of business that are considered usual and customary. The following table shows the estimated burden hours by CFR section and paragraph: Respondents' Estimated Annual Burden Hours ---------------------------------------------------------------------------------------------------------------- Reporting and Citation 30 CFR part 1243 recordkeeping Hour burden Average number of annual Annual burden requirement responses hours ---------------------------------------------------------------------------------------------------------------- 1243.4(a)(1)................... How do I 2 40............................ 80 suspend compliance with an order?. (a) If you .............. (Forms ONRR-4435, ONRR-4436, timely appeal ONRR-4437; or TS). an order, and if that order or portion of that order: (1) Requires you to make a payment, and you want to suspend compliance with that order, you must post a bond or other surety instrument or demonstrate financial solvency * * * --------------------------------------------------------------- 1243.6......................... When must I or Burden hours covered under Sec. 1243.4(a)(1). another person meet the bonding or financial solvency requirements under this part? If you must meet the bonding or financial solvency requirements under Sec. 1243.4(a)(1), or if another person is meeting your bonding or financial solvency requirements, then either you or the other person must post a bond or other surety instrument or demonstrate financial solvency within 60 days after you receive the order or the Notice of Order. --------------------------------------------------------------- 1243.7(a)...................... What must a Burden hours covered under Sec. 1243.4(a)(1). person do when posting a bond or other surety instrument or demonstrating financial solvency on behalf of an appellant? [[Page 60037]] If you assume an appellant's responsibility to post a bond or other surety instrument or demonstrate financial solvency * * * (a) Must notify ONRR in writing * * * that you are assuming the appellant's responsibility * * * --------------------------------------------------------------- 1243.8(a)(2) and (b)(2)........ When will ONRR Burden hours covered under Sec. 1243.4(a)(1). suspend my obligation to comply with an order? (a) Federal leases. * * * (2) If the amount under appeal is $10,000 or more, ONRR will suspend your obligation to comply with that order if you: (i) Submit an ONRR-specified surety instrument under subpart B of this part within a time period ONRR prescribes; or (ii) Demonstrate financial solvency under subpart C. (b) Indian leases. * * * (2) If the amount under appeal is $1,000 or more, ONRR will suspend your obligation to comply with that order if you submit an ONRR-specified surety instrument under subpart B of this part within a time period ONRR prescribes. --------------------------------------------------------------- 1243.101(b).................... How will ONRR Burden hours covered under Sec. 1243.4(a)(1). determine the amount of my bond or other surety instrument? * * * (b) If your appeal is not decided within 1 year from the filing date, you must increase the surety amount to cover additional estimated interest for another 1-year period. You must continue to do this annually * * * --------------------------------------------------------------- 1243.200(a) and (b)............ How do I 2 65............................ 130 demonstrate financial solvency?. (a) To .............. (Self-bonding submissions).... demonstrate financial solvency under this part, you must submit an audited consolidated balance sheet, and, if requested by the ONRR bond- approving officer, up to 3 years of tax returns to the ONRR, * * * (b) You must submit an audited consolidated balance sheet annually, and, if requested, additional annual tax returns on the date ONRR first determined that you demonstrated financial solvency as long as you have active appeals, or whenever ONRR requests. * * * --------------------------------------------------------------- 1243.201(c)(1), (c)(2)(i) and How will ONRR Burden hours covered under Sec. Sec. 1243.4(a)(1) and (c)(2)(ii) and (d)(2). determine if I 1243.200(a) and (b) am financially solvent?. * * * (c) If your net worth, minus the amount we would require as surety under subpart B for all orders you have appealed is less than $300 million, you must submit * * * (1) A written request asking us to consult a business- information, or credit- reporting service or program to determine your financial solvency; and (2) A nonrefundable $50 processing fee: (i) You must pay the processing fee * * *; (ii) You must submit the fee with your request * * * and then annually on the date we first determined that you demonstrated financial solvency, as long as you are not able to demonstrate financial solvency * * * and you have active appeals. (d)* * * (2) For us to consider you financially solvent, the business- information or credit-reporti ng service or program must demonstrate your degree of risk as low to moderate: * * * --------------------------------------------------------------- 1243.202(c).................... When will ONRR Burden hours covered under Sec. 1243.4(a)(1). monitor my financial solvency?. * * * (c) If our bond- approving officer determines that you are no longer financially solvent, you must post a bond or other ONRR-specified surety instrument under subpart B. --------------------------------------------------------------- Total Burden............... ............... .............. 105........................... 210 ---------------------------------------------------------------------------------------------------------------- [[Page 60038]] 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. ONRR Information Collection Clearance Officer: Luis Aguilar (303) 231-3418. Authority: The authorities for this action are the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1337) and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.). Gregory J. Gould, Director for Office of Natural Resources Revenue. [FR Doc. 2017-27204 Filed 12-15-17; 8:45 am] BILLING CODE 4335-30-P
![60034 Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
native water plants located in areas Dated: December 12, 2017. Reduction Act of 1995, we provide the
where the swale can be expanded to Neal J. Rackleff, general public and other Federal
help slow and filter stormwater runoff Assistant Secretary. agencies with an opportunity to
before it reaches the Eastern Branch of [FR Doc. 2017–27194 Filed 12–15–17; 8:45 am] comment on new, proposed, revised,
the Elizabeth River. Though stormwater BILLING CODE 4210–67–P and continuing collections of
parks will be designed to maximize information. This helps us assess the
storage, they can also be educational impact of our information collection
and created in a way that serves as a DEPARTMENT OF THE INTERIOR requirements and minimize the public’s
destination for Norfolk residents by reporting burden. It also helps the
providing premier opportunities for Office of Natural Resources Revenue public understand our information
outdoor sports, play, and fitness for collection requirements and provide the
[Docket No. ONRR–2011–0008; DS63644000 requested data in the desired format.
citizens of all ages. DR2000000.CH7000 189D0102R2; OMB
Alternatives to the Proposed Action: We published a notice, with a 60-day
Control Number 1012–0006]
Consistent with the Council on public comment period soliciting
Environmental Quality regulations (40 Agency Information Collection comments on this collection of
CFR 1502.14) implementing NEPA, the Activities: Submission to the Office of information, in the Federal Register on
EIS will examine a range of reasonable Management and Budget for Review June 19, 2017 (82 FR 27868). We
alternatives to the proposed project that and Approval; Suspensions Pending received the following comments in
are potentially feasible. As required by Appeal and Bonding response to the notice: ‘‘We respectfully
NEPA, the alternatives will be evaluated offer the following scenario on this
AGENCY: Office of Natural Resources process from start to finish: (1) Upon
at the same level of detail as the
Revenue, Interior. demand letter from the ONRR,
proposed project. As a result of the
scoping efforts to date, the alternatives ACTION: Notice of extension. Fieldwood Energy responds with
currently proposed for evaluation in the correspondence requesting the ONRR
SUMMARY: To comply with the accept Area-Wide Bonds currently filed
EIS include: Paperwork Reduction Act of 1995
(1) No Project/Action Alternative. with the BOEM for our various entities,
(PRA), we, the Office of Natural which incidentally total excess of $23
This required alternative would Resources Revenue (ONRR), are
evaluate the environmental impacts if million, to secure the nominal
proposing to renew an information Administrative Appeals in lieu of
the proposed project were not collection.
constructed and existing conditions separate specific Appeal bonds. It
remain unchanged. DATES: Interested persons are invited to should be noted that none of the
submit comments on or before January monetary demands from ONRR have
(2) Preferred Alternative. The
17, 2018 for the assurance of come close to exceeding $1 million; (2)
alternative attaining the most objectives
consideration. In the event, the use of and Area-Wide
of the project that can be accomplished
ADDRESSES: You may submit your bond is rejected by ONRR, Fieldwood
while also substantially lessening
written comments on this ICR to the then must approach the commercial
significant environmental effects.
Office of Management and Budget’s surety market to negotiate terms with
(3) Two other alternatives (to be prospective sureties for the amount
identified) based on input received Desk Officer for the Department of the
during the scoping process and feasible Interior by email to OIRA_Submission@ required by ONRR—this may entail the
omb.eop.gov: or via facsimile to (202) production of recent financial
project alternatives that avoid or information as well as operational plans
minimize significant environmental 395–5806. Please also mail a copy of
your comments to Mr. Luis Aguilar, on Fieldwood leading up to several calls
effects. and discussions with the surety. This
Probable Environmental Effects: The Regulatory Specialist, P.O. Box 25165,
may also require the establishment of
following topics have been identified for MS 64400, Denver, Colorado 80225–
new relationships with sureties who do
analysis in the EIS for probable 0165, or by email to luis.aguilar@
not know our company—all of which is
environmental effects: coastal zone onrr.gov. Please reference ‘‘OMB Control
time consuming and not done overnight;
management, contamination and toxic Number 1012–0006’’ in your comments.
and (3) Ultimately, Fieldwood obtains a
substances, floodplain management, FOR FURTHER INFORMATION CONTACT: For surety bond and files it with your office.
historic preservation, noise abatement questions on technical issues, contact So, it is quite customary for this process
and control, wetlands protection, Ms. Kimberly Werner, Office of to take days and not several hours of our
environmental justice, hazards and Enforcement and Appeals (OEA), staff’s time.
nuisances (site safety and noise), ONRR, at (303) 231–3801 or email to ‘‘The two burden hours for the
vibration, and transportation and kimberly.werner@onrr.gov. For other majority of the typical requests received
accessibility. questions, contact Mr. Luis Aguilar, at are adequate. On some occasions, we
Lead Agency: For purposes of (303) 231–3418, or email to might have to have a little more internal
complying with NEPA and in luis.aguilar@onrr.gov. You may also dialogue or research if we do not have
accordance with HUD regulations at 24 contact Mr. Aguilar, at no cost, of (1) the all the information for the appeal
CFR part 58, the Commonwealth of ICR, (2) any associated forms, and (3) upfront. Generally, those requests fall in
Virginia, acting through the Virginia the regulations that require us to collect the 2–4 hour burden. For the most part,
Department of Housing and Community the information. You may view the ICR however, 2 hours is generally the
Development, is the Lead Agency and at http://www.reginfo.gov/public/do/ amount of burden hours needed. There
daltland on DSKBBV9HB2PROD with NOTICES
Responsible Entity assuming PRAMain and select ‘‘Information again, for clarification, this is the
environmental responsibility for the Collection Review,’’ then select internal burden time for our staff. It
Ohio Creek Watershed Project. ‘‘Department of the Interior’’ in the would take generally 48–72 hours for
Questions may be directed to the drop-down box under ‘‘Currently Under our surety to turn around the request.
individual named in this notice under Review.’’ ‘‘For WPX who has an existing surety
the heading FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: In bond line, 2 hours are probably
CONTACT. accordance with the Paperwork sufficient labor hours. However, for
VerDate Sep<11>2014 17:53 Dec 15, 2017 Jkt 244001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1](https://thefederalregister.org/doc/82_FR_60275/page/1.svg)
![Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices 60035
companies that do not have bond line or Implementing regulations at 30 CFR which is defined as unpaid principal
have used up their capacity, the amount part 1243 govern the suspension of plus the interest accrued to the
of time spent securing the security bond orders or decisions and to stay the projected receipt date of the surety
could take much longer.’’ accrual of civil penalties (if the Office of payment. Appellants may refer to the
Once again, we are soliciting Hearings and Appeals grants a lessee’s Surety Instrument Posting Instructions,
comments on this ICR that is described petition to stay accrual of civil which are at http://www.onrr.gov/
below. We are especially interested in penalties), pending administrative compliance/appeals.htm.
public comment addressing the appeal for Federal leases. These
regulations require an appellant to Forms and Other Surety Types
following issues: (1) Is the collection
necessary to the proper functions of submit information demonstrating Form ONRR–4435 [Administrative
ONRR; (2) will this information be financial solvency in lieu of providing Appeal Bond]
processed and used in a timely manner; a surety. For those appellants who are
Appellants may file form ONRR–
(3) is the estimate of the burden not financially solvent or for appeals
4435, Administrative Appeal Bond,
accurate; (4) how might ONRR enhance involving Indian leases, ONRR requires
which ONRR uses to secure the
the quality, usefulness, and clarity of appellants to post a surety instrument to
financial interests of the public and
the information collected; and (5) how secure the financial interest of the
public and Indian lessors during the Indian lessors during the entire
might ONRR minimize the burden of administrative and judicial appeal
this collection on the respondents, entire administrative or judicial appeal
process. This ICR covers the burden process. Under 30 CFR 1243.4,
including through the use of appellants must submit their contact
information technology. hours that appellants incur when
submitting the financial statements or and surety amount information on the
Comments that you submit in bond to obtain the benefit of suspension
response to this notice are a matter of surety instruments, subject to annual
audit, that are required to stay an ONRR of an obligation to comply with an
public record. Before including your order. A surety company that the U.S.
Personally Identifiable Information (PII), order, decision, or accrual of civil
penalties. Department of the Treasury approves
such as your address, phone number, (see Department of the Treasury Circular
email address, or other personal II. Information Collections No. 570, as revised periodically in the
identifying information, in your Title 30 CFR 1243.1 states that lessees Federal Register) must issue the bond.
comment(s), you should be aware that or recipients of ONRR orders may The ONRR Director or the ONRR-
your entire comment—including PII— suspend compliance with an order if delegated bond-approving officer
may be made available to the public at they appeal under 30 CFR part 1290. maintains these bonds in a secure
any time. While you may ask us, in your Pending appeal, ONRR may suspend the facility. After the appeal has concluded,
comment, to withhold your PII from payment requirement if the appellant ONRR may release and return the bond
public view, we cannot guarantee that submits a formal agreement of payment to the appellant or collect payment on
we will be able to do so. in case of default such as a bond or the bond. If collection is necessary for
Abstract: The Secretary of the United other surety; for Federal oil and gas a remaining balance, ONRR will issue a
States Department of the Interior is leases, the appellant may demonstrate demand for payment to the surety
responsible for collecting royalties from financial solvency. If the Office of company with a notice to the appellant.
lessees who produce minerals from Hearings and Appeals grants a lessee’s, We also will include all interest accrued
leased Federal and Indian lands and the or other recipient of a Notice of on the affected bill.
Outer Continental Shelf (OCS). Under Noncompliance or Civil Penalty Notice,
various laws, the Secretary’s Form ONRR–4436 [Letter of Credit]
request to stay the accrual of civil
responsibilities are to manage mineral penalties under 30 CFR 1241.55(b)(2) Appellants may choose to file form
resources production from Federal and and 1241.63(b)(2), the lessee or other ONRR–4436, Letter of Credit (LOC),
Indian lands and the OCS, collect the recipient must post a bond or other with no modifications. Requirements at
royalties and other mineral revenues surety, or for Federal oil and gas leases, 30 CFR 1243.4 continues to apply. The
due, and distribute the funds collected. demonstrate financial solvency. ONRR Director or the ONRR-delegated
The Secretary also has a trust ONRR accepts the following surety bond-approving officer maintains the
responsibility to manage Indian lands types: form ONRR–4435, Administrative LOC in a secure facility.
and seek advice and input from Indian Appeal Bond; form ONRR–4436, Letter The appellant is responsible for
beneficiaries. ONRR performs the of Credit; form ONRR–4437, Assignment verifying that the bank provides a
royalty management functions and of Certificate of Deposit; Self-bonding; current Fitch rating to ONRR. After the
assists the Secretary in carrying out the and U.S. Treasury Securities. appeal has been concluded, ONRR may
Department’s responsibility for Indian When an appellant selects and puts release and return the LOC to the
lands. We have posted those laws one of the surety types in place, the appellant or collect payment on the
pertaining to mineral leases on Federal appellant must maintain the surety until LOC. If collection is necessary for a
and Indian lands and the OCS at http:// completion of the appeal. If the appeal remaining balance, we will issue a
onrr.gov/Laws_R_D/PubLaws/ is decided in favor of the appellant, demand for payment, which includes all
default.htm. ONRR returns the surety to the interest assessed on the affected bill, to
appellant. If the appeal is decided in the bank with a notice to the appellant.
I. General Information
favor of ONRR, then we will take action
If ONRR determines that a lessee has to collect the total amount due or draw Form ONRR–4437 [Assignment of
daltland on DSKBBV9HB2PROD with NOTICES
not properly reported or paid royalties down on the surety. We draw down on Certificate of Deposit]
and other mineral revenues, we may a surety if the appellant fails to comply Appellants may choose to secure a
issue an order to pay additional with requirements relating to the debt using a Certificate of Deposit (CD)
royalties, a Notice of Noncompliance, or amount due, timeframe, or surety from a bank with the required minimum
a Civil Penalty Notice requiring correct submission or resubmission. Whenever Fitch rating and by submitting form
reporting or payment. Lessees then have ONRR must draw down on a surety, we ONRR–4437, Assignment of Certificate
a right to appeal ONRR determinations. must draw down the total amount due, of Deposit. Appellants must file the
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![60038 Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
An agency may not conduct or The public record for this investigation Sony has not shown that the asserted
sponsor, and a person is not required to may be viewed on the Commission’s claims of the ’891 Patent are invalid
respond to, a collection of information electronic docket (EDIS) at https:// under 35 U.S.C. 102, 103, or 112.
unless it displays a currently valid OMB edis.usitc.gov. Hearing-impaired The Final ID finds that Sony’s
control number. persons are advised that information on accused products infringe asserted
ONRR Information Collection this matter can be obtained by claims 1, 2, 4, 5, 7, and 8 of the ’612
Clearance Officer: Luis Aguilar (303) contacting the Commission’s TDD Patent under 35 U.S.C. 271(a). The Final
231–3418. terminal on (202) 205–1810. ID finds, however, that Fujifilm failed to
Authority: The authorities for this action SUPPLEMENTARY INFORMATION: The show that Sony has induced
are the Outer Continental Shelf Lands Act Commission instituted this investigation infringement of claims 9–11 of the ’612
Amendments of 1978 (43 U.S.C. 1337) and on July 1, 2016, based on a Complaint Patent under 35 U.S.C. 271(b). The Final
the Paperwork Reduction Act of 1995 (44 filed by Fujifilm Corporation of Tokyo, ID further finds that Fujifilm’s DI
U.S.C. 3501 et. seq.).
Japan, and Fujifilm Recording Media products practice claims 1, 2, 4, 5, and
U.S.A., Inc. of Bedford, Massachusetts 7–11 of the ’612 Patent and, thus,
Gregory J. Gould,
(collectively, ‘‘Fujifilm’’). 81 FR 43243– Fujifilm has satisfied the technical
Director for Office of Natural Resources
44 (July 1, 2016). The Complaint alleges prong of the domestic industry
Revenue.
violations of section 337 of the Tariff requirement with respect to the ’612
[FR Doc. 2017–27204 Filed 12–15–17; 8:45 am]
Act of 1930, as amended, 19 U.S.C. 1337 Patent regarding its LTO–6 and LTO–7
BILLING CODE 4335–30–P DI products. The Final ID finds that
(‘‘section 337’’), in the sale for
Sony has not shown that the asserted
importation, importation, and sale
claims of the ’612 Patent are invalid
INTERNATIONAL TRADE within the United States after
under 35 U.S.C. 102, 103, or 112.
COMMISSION importation of certain magnetic data The Final ID finds that the accused
storage tapes and cartridges containing products do not infringe asserted claims
[Investigation No. 337–TA–1012] the same by reason of infringement of 2, 5, and 6 of the ’106 Patent under 35
certain claims of U.S. Patent Nos. U.S.C. 271(a). The Final ID further finds
Certain Magnetic Data Storage Tapes 6,641,891 (‘‘the ’891 patent’’); 6,703,106
and Cartridges Containing the Same; that neither Fujifilm’s LTO–6 nor LTO–
(‘‘the ’106 patent’’); 6,703,101 (‘‘the ’101 7 DI products practice any claim of the
Commission Determination To Review- patent’’); 6,767,612 (‘‘the ’612 patent’’);
in-Part a Final Initial Determination ’106 Patent, thus Fujifilm has failed to
8,236,434 (‘‘the ’434 patent’’); and satisfy the technical prong of the
Finding a Violation of Section 337; 7,355,805 (‘‘the ’805 patent’’). The
Request for Written Submissions; domestic industry requirement with
Complaint further alleges the existence respect to the ’106 Patent. The Final ID
Extension of Target Date for of a domestic industry. The
Completion of the Investigation also finds that Sony has not shown that
Commission’s Notice of Investigation the asserted claims of the ’106 Patent are
AGENCY: U.S. International Trade named as respondents Sony Corporation invalid under 35 U.S.C. 102 or 103, but
Commission. of Tokyo, Japan, Sony Corporation of has shown that the asserted claims of
ACTION: Notice. America of New York, New York, and the ’106 Patent are indefinite under 35
Sony Electronics Inc. of San Diego, U.S.C. 112.
SUMMARY: Notice is hereby given that California (collectively, ‘‘Sony’’). The The Final ID finds that the accused
the U.S. International Trade Office of Unfair Import Investigations products do not infringe asserted claim
Commission has determined to review (‘‘OUII’’) was also named as a party to 1 of the ’434 under 35 U.S.C. 271(a). The
in part the presiding administrative law the investigation. The Commission later Final ID further finds that Fujifilm’s
judge’s (‘‘ALJ’’) final initial terminated the investigation as to the LTO–7 DI products do not practice any
determination (‘‘Final ID’’) issued on ’101 patent. Order No. 24 (Jan. 18, claim of the ’434 Patent, thus Fujifilm
September 1, 2017, finding a violation 2017); Notice (Feb. 15, 2017). has failed to satisfy the technical prong
of section 337 of the Tariff Act of 1930, On September 1, 2017, the ALJ issued of the domestic industry requirement
as amended, 19 U.S.C. 1337 (‘‘section his final ID finding a violation of section with respect to the ’434 Patent. The
337’’) in the above-captioned 337 with respect to claims 1, 4–9, 11, Final ID finds that Sony has not shown
investigation. The Commission has also and 14 of the ’891 patent and asserted that the asserted claims of the ’434
determined to extend the target date for claims 1, 2, 4, 5, 7, and 8 of the ’612 Patent are invalid under 35 U.S.C. 102,
completion of the above-captioned patent. The ALJ found no violation of 103, or 112.
investigation to February 20, 2018. section 337 with respect to asserted The Final ID finds the accused
FOR FURTHER INFORMATION CONTACT: claims 9–11 of the ’612 patent; asserted products do not infringe asserted claims
Megan M. Valentine, Office of the claim 2, 5, and 6 of the ’106 patent; 3 and 10 of the ’805 Patent under 35
General Counsel, U.S. International asserted claim 1 of the ’434 patent; and U.S.C. 271(a). The Final ID further finds
Trade Commission, 500 E Street SW, asserted claims 3 and 10 of the ’805 that Fujifilm’s LTO–7 DI products
Washington, DC 20436, telephone (202) patent. practice claims 1, 2, 3, and 10 of the
708–2301. Copies of non-confidential In particular, the Final ID finds that ’805 Patent. The Commission notes that
documents filed in connection with this Sony’s accused products infringe claims the Final ID misstates its finding
investigation are or will be available for 1, 4–9, 11, and 14 of the ’891 Patent concerning the technical prong in the
inspection during official business under 35 U.S.C. 271(a). The Final ID Conclusions of Fact and Law with
hours (8:45 a.m. to 5:15 p.m.) in the also finds that Fujifilm’s domestic respect to the ’805 Patent The Final ID
daltland on DSKBBV9HB2PROD with NOTICES
Office of the Secretary, U.S. industry (‘‘DI’’) products practice the finds that Sony has not shown that the
International Trade Commission, 500 E asserted claims of the ’891 Patent, thus asserted claims of the ’805 Patent are
Street SW, Washington, DC 20436, Fujifilm has satisfied the technical invalid under 35 U.S.C. 102, 103, or
telephone (202) 205–2000. General prong of the domestic industry 112.
information concerning the Commission requirement with respect to the ’891 The Final ID finds that Fujifilm has
may also be obtained by accessing its Patent regarding its LTO–6 and LTO–7 satisfied the economic prong of the
internet server at https://www.usitc.gov. DI products. The Final ID finds that domestic industry requirement with
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Document Created: 2017-12-15 23:54:58
Document Modified: 2017-12-15 23:54:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of extension. | |
| Dates | Interested persons are invited to submit comments on or before January 17, 2018 for the assurance of consideration. | |
| Contact | For questions on technical issues, contact Ms. Kimberly Werner, Office of Enforcement and Appeals (OEA), 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, at no cost, of (1) the ICR, (2) any associated forms, and (3) the regulations that require us to collect the information. You may view the ICR at http:// www.reginfo.gov/public/do/PRAMain and select ``Information Collection Review,'' then select ``Department of the Interior'' in the drop-down box under ``Currently Under Review.'' | |
| FR Citation | 82 FR 60034 |
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