4308 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices 

horse management plan. The Taos Field 

Office will provide planning updates 

and briefings on the Rı ́o Grande del 

Norte National Monument Plan, 

recreation permits within Rı ́o Grande 

del Norte National Monument, and the 

Cebolla oil and gas leases. A conference 

telephone line has been set up for the 

meeting. Contact Christine Horton at 

505–564–7633 at least 2 days before the 

meeting to reserve a line. Due to a 

limited number of available lines, the 

conference line is available on a firstcome first-served basis. All RAC 

meetings are open to the public. On 

Thursday, February 26, 2015, at 2 p.m., 

members of the public will have the 

opportunity to make comments to the 

RAC, during a half-hour public 

comment period. Persons wishing to 

make comments during the public 

comment period should register in 

person with the BLM by 1 p.m. on 

February 26, 2015, at the meeting 

location. If you wish to make a comment 

during the comment period through the 

conference line, inform Christine 

Horton when you call to reserve the 

conference line. Depending on the 

number of commenters, the length of 

comments may be limited; this time 

may vary. The BLM appreciates all 

comments. 

Michael H. Tupper, 

Deputy State Director, Lands and Resources. 

[FR Doc. 2015–01399 Filed 1–26–15; 8:45 am] 

BILLING CODE 4310–FB–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

[Docket No. ONRR–2011–0008; DS63610000 

DR2PS0000.CH7000 156D0102R2] 

Agency Information Collection 

Activities: Suspensions Pending 

Appeal and Bonding—OMB Control 

Number 1012–0006; Comment Request 

AGENCY: Office of Natural Resources 

Revenue (ONRR), Interior. 

ACTION: Notice of a renewal for an 

existing Information Collection. 

SUMMARY: Final regulations that ONRR 

published May 13, 1999 (64 FR 26240, 

RIN 1010–AC21), govern the appeal of 

orders from Minerals Management 

Service’s Royalty Management Program 

(now ONRR). To comply with the 

Paperwork Reduction Act of 1995 

(PRA), ONRR is notifying the public that 

we have submitted to the Office of 

Management and Budget (OMB) an 

information collection request (ICR) to 

renew approval of the paperwork 

requirements in the regulations under 

30 CFR part 1243. This notice provides 

the public a second opportunity to 

comment on the burden of these 

regulatory requirements. 

DATES: OMB has up to 60 days to 

approve or disapprove this information 

collection request but may respond after 

30 days; therefore, you should submit 

your public comments to OMB by 

February 26, 2015 for the assurance of 

consideration. 

ADDRESSES: You may submit your 

written comments directly to the Desk 

Officer for the Department of the 

Interior (OMB Control Number 1012– 

0006), Office of Information and 

Regulatory Affairs, OMB, by email to 

OIRA_Submission@omb.eop.gov or 

telefax at (202) 395–5806. Please also 

mail a copy of your comments to Mr. 

Luis Aguilar, Regulatory Specialist, 

ONRR, P.O. Box 25165, MS 61030A, 

Denver, Colorado 80225–0165, or by 

email to Luis.Aguilar@onrr.gov. Please 

reference ICR 1012–0006 in your 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

questions on technical issues, contact 

Ms. Kimberly Werner, Office of 

Enforcement and Appeals (OEA), 

ONRR, telephone (303) 231–3801 or 

email kimberly.werner@onrr.gov. For 

other questions, contact Mr. Luis 

Aguilar, telephone (303) 231–3418, or 

email luis.aguilar@onrr.gov. You may 

also contact Mr. Aguilar to obtain copies 

(free of charge) of (1) the ICR, (2) any 

associated forms, and (3) the regulations 

that require the subject collection of 

information. To see a copy of the entire 

ICR submitted to OMB, go to http://

www.reginfo.gov/public/PRAMain and 

select ‘‘Information Collection Review,’’ 

then select ‘‘Department of the Interior’’ 

in the drop-down box under ‘‘Currently 

Under Review.’’ 

SUPPLEMENTARY INFORMATION: 

Title: Suspensions Pending Appeal 

and Bonding—30 CFR part 1243 

OMB Control Number: 1012–0006. 

Bureau Form Numbers: ONRR–4435, 

ONRR–4436, and ONRR–4437. 

Abstract: The Secretary of the United 

States Department of the Interior is 

responsible for overseeing mineral 

resource development on Federal and 

Indian lands and the Outer Continental 

Shelf (OCS). Under various laws, the 

Secretary’s responsibilities are to 

manage mineral resources production 

from Federal and Indian lands and the 

OCS, collect the royalties and other 

mineral revenues due, and distribute the 

funds collected under these laws. The 

Secretary also has a trust responsibility 

to manage Indian lands and seek advice 

and input from Indian beneficiaries. 

ONRR performs the minerals revenue 

management functions for the Secretary 

and assists the Secretary in carrying out 

the Department’s trust responsibility for 

Indian lands. We have posted these laws 

pertaining to mineral leases on Federal 

and Indian lands and the OCS at 

http://onrr.gov/Laws_R_D/PubLaws/

default.htm. 

If ONRR determines that a lessee has 

not properly reported or paid Royalties 

and other mineral revenues, we may 

issue an order to pay additional 

royalties, a Notice of Noncompliance, or 

a Civil Penalty Notice requiring correct 

reporting or payment. Lessees then have 

a right to appeal ONRR determinations. 

Regulations at 30 CFR part 1243 

govern the submission of appropriate 

surety instruments to suspend 

compliance with orders or decisions 

and to stay the accrual of civil penalties 

(if the Office of Hearings and Appeals 

grants a lessee’s petition to stay accrual 

of civil penalties), pending 

administrative appeal for Federal and 

Indian leases. For Federal oil and gas 

leases, under 30 U.S.C. 1724(l) and its 

implementing regulations in 30 CFR 

part 1243, appellants who are requesting 

a suspension without providing a surety 

must submit information to demonstrate 

financial solvency. This ICR covers the 

burden hours associated with 

submitting financial statements or 

surety instruments required to stay an 

ONRR order, decision, or accrual of civil 

penalties. 

Stay of Payment Pending Appeal 

Title 30 CFR 1243.1 states that lessees 

or recipients of ONRR orders may 

suspend compliance with an order if 

they appeal under 30 CFR part 1290. 

Pending appeal, ONRR may suspend the 

payment requirement if the appellant 

submits a formal agreement of payment 

in case of default such as a bond or 

other surety; for Federal oil and gas 

leases, the appellant may demonstrate 

financial solvency. If the Office of 

Hearings and Appeals grants a lessee’s, 

or other recipient of a Notice of 

Noncompliance or Civil Penalty Notice, 

request to stay the accrual of civil 

penalties under 30 CFR 1241.55(b)(2) 

and 1241.63(b)(2), the lessee or other 

recipient must post a bond or other 

surety, or for Federal oil and gas leases, 

demonstrate financial solvency. 

ONRR accepts the following surety 

types: Form ONRR–4435, 

Administrative Appeal Bond; Form 

ONRR–4436, Letter of Credit; Form 

ONRR–4437, Assignment of Certificate 

of Deposit; Self-bonding; and U.S. 

Treasury Securities. 

When an appellant selects and puts 

one of the surety types in place, the 

appellant must maintain the surety until 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices 4309 

completion of the appeal. If the appeal 

is decided in favor of the appellant, 

ONRR returns the surety to the 

appellant. If the appeal is decided in 

favor of ONRR, then we will take action 

to collect the total amount due or draw 

down on the surety. We draw down on 

a surety if the appellant fails to comply 

with requirements relating to the 

amount due, timeframe, or surety 

submission or resubmission. Whenever 

ONRR must draw down on a surety, we 

must draw down the total amount due, 

which is defined as unpaid principal 

plus the interest accrued to the 

projected receipt date of the surety 

payment. Appellants may refer to the 

Surety Instrument Posting Instructions, 

which are at http://www.onrr.gov/

compliance/appeals.htm. 

Forms and Other Surety Types 

Form ONRR–4435, Administrative 

Appeal Bond 

Appellants may file Form ONRR– 

4435, Administrative Appeal Bond, 

which ONRR uses to secure the 

financial interests of the public and 

Indian lessors during the entire 

administrative and judicial appeal 

process. Under 30 CFR 1243.4, 

appellants must submit their contact 

and surety amount information on the 

bond to obtain the benefit of suspension 

of an obligation to comply with an 

order. A surety company that the U.S. 

Department of the Treasury approves 

(see Department of the Treasury Circular 

No. 570, as revised periodically in the 

Federal Register) must issue the bond. 

The ONRR Director or the ONRRdelegated bond-approving officer 

maintains these bonds in a secure 

facility. After the appeal has concluded, 

ONRR may release and return the bond 

to the appellant or collect payment on 

the bond. If collection is necessary for 

a remaining balance, ONRR will issue a 

demand for payment to the surety 

company with a notice to the appellant. 

We also will include all interest accrued 

on the affected bill. 

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 

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. 

OMB Approval 

We are requesting OMB’s approval to 

continue to collect this information. Not 

collecting this information would limit 

the Secretary’s ability to discharge the 

fiduciary duties of the office and also 

may result in loss of royalty and other 

payments. 

ONRR protects proprietary 

information submitted under this 

collection. We do not collect 

information of a sensitive nature in this 

ICR. We require response from 

appellants to suspend compliance with 

an order pending appeal. 

Frequency: Annually and on occasion. 

Estimated Number and Description of 

Respondents: 105 Federal or Indian 

appellants. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 210 

hours. 

We have not included in our 

estimates certain requirements 

performed in the normal course of 

business and considered usual and 

customary. The following table shows 

the estimated burden hours by CFR 

section and paragraph: 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
4310 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Citation 30 CFR part 

1243 Reporting and recordkeeping requirement Hour burden 

Average number 

of annual 

responses 

Annual burden 

hours 

1243.4(a)(1) .............. How do I suspend compliance with an order? 

(a) If you timely appeal an order, and if that order or portion of 

that order: (1) Requires you to make a payment, and you want 

to suspend compliance with that order, you must post a bond 

or other surety instrument or demonstrate financial solvency 

* * *. 

2 hours ............. 40 

(Forms ONRR– 

4435, ONRR– 

4436, ONRR– 

4437; or TS).

80 

1243.6 ....................... When must I or another person meet the bonding or financial 

solvency requirements under this part? 

If you must meet the bonding or financial solvency requirements 

under § 1243.4(a)(1), or if another person is meeting your 

bonding or financial solvency requirements, then either you or 

the other person must post a bond or other surety instrument 

or demonstrate financial solvency within 60 days after you receive the order or the Notice of Order. 

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

1243.7(a) .................. What must a person do when posting a bond or other surety instrument or demonstrating financial solvency on behalf of an 

appellant? 

If you assume an appellant’s responsibility to post a bond or 

other surety instrument or demonstrate financial solvency * * * 

(a) Must notify ONRR in writing * * * that you are assuming 

the appellant’s responsibility * * *. 

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

1243.8(a)(2) and 

(b)(2).

When will ONRR suspend my obligation to comply with an 

order? 

(a) Federal leases. * * * (2) If the amount under appeal is 

$10,000 or more, ONRR will suspend your obligation to comply with that order if you: 

(i) Submit an ONRR-specified surety instrument under subpart B 

of this part within a time period ONRR prescribes; or 

(ii) Demonstrate financial solvency under subpart C. 

(b) Indian leases. * * * (2) If the amount under appeal is $1,000 

or more, ONRR will suspend your obligation to comply with 

that order if you submit an ONRR-specified surety instrument 

under subpart B of this part within a time period ONRR prescribes. 

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

1243.101(b) .............. How will ONRR determine the amount of my bond or other surety instrument? 

* * * (b) If your appeal is not decided within 1 year from the filing date, you must increase the surety amount to cover additional estimated interest for another 1-year period. You must 

continue to do this annually * * *. 

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

1243.200(a) and (b) .. How do I demonstrate financial solvency? 

(a) To demonstrate financial solvency under this part, you must 

submit an audited consolidated balance sheet, and, if requested by the ONRR bond-approving officer, up to 3 years of 

tax returns to the ONRR, * * *. 

(b) You must submit an audited consolidated balance sheet annually, and, if requested, additional annual tax returns on the 

date ONRR first determined that you demonstrated financial 

solvency as long as you have active appeals, or whenever 

ONRR requests. * * * 

2 hours ............. 65 

(Self-bonding 

submissions).

130 


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Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Notices 4311 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR part 

1243 Reporting and recordkeeping requirement Hour burden 

Average number 

of annual 

responses 

Annual burden 

hours 

1243.201(c)(1), 

(c)(2)(i) and 

(c)(2)(ii) and (d)(2).

How will ONRR determine if I am financially solvent? 

* * * (c) If your net worth, minus the amount we would require 

as surety under subpart B for all orders you have appealed is 

less than $300 million, you must submit * * *: 

(1) A written request asking us to consult a business-information, 

or credit-reporting service or program to determine your financial solvency; and 

(2) A nonrefundable $50 processing fee: 

(i) You must pay the processing fee * * *; 

(ii) You must submit the fee with your request * * * and then annually on the date we first determined that you demonstrated 

financial solvency, as long as you are not able to demonstrate 

financial solvency * * * and you have active appeals. 

(d) * * * (2) For us to consider you financially solvent, the business-information or credit–reporting service or program must 

demonstrate your degree of risk as low to moderate: * * * 

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

1243.200(a) and (b). 

1243.202(c) ............... When will ONRR monitor my financial solvency? 

* * * (c) If our bond-approving officer determines that you are no 

longer financially solvent, you must post a bond or other 

ONRR-specified surety instrument under subpart B. 

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

Total Burden ...... ......................................................................................................... ........................... 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 five appellants per year will 

pay a $50 fee to obtain credit data from 

a business information or credit 

reporting service, which is a total ‘‘nonhour’’ cost burden of $250 per year (5 

appellants per year × $50 = $250). 

Public Disclosure Statement: The PRA 

(44 U.S.C. 3501 et seq.) provides that an 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a currently valid OMB control 

number. 

Comments: Section 3506(c)(2)(A) of 

the PRA requires each agency to ‘‘* * * 

provide 60-day notice in the Federal 

Register * * * and otherwise consult 

with members of the public and affected 

agencies concerning each proposed 

collection of information * * *.’’ 

Agencies must specifically solicit 

comments to: (a) Evaluate whether the 

proposed collection of information is 

necessary for the agency to perform its 

duties, including whether the 

information is useful; (b) evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information; (c) enhance the quality, 

usefulness, and clarity of the 

information that ONRR collects; and (d) 

minimize the burden on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

To comply with the public 

consultation process, we published a 

notice in the Federal Register on 

February 19, 2014 (79 FR 9475), 

announcing that we would submit this 

ICR to OMB for approval. The notice 

provided the required 60-day comment 

period. We received no comments in 

response to the notice. 

If you wish to comment in response 

to this notice, you may send your 

comments to the offices listed under the 

ADDRESSES section of this notice. OMB 

has up to 60 days to approve or 

disapprove the information collection, 

but they may respond after 30 days. 

Therefore, to ensure maximum 

consideration, OMB should receive 

public comments by February 26, 2015. 

Public Comment Policy: ONRR will 

post all comments, including names and 

addresses of respondents, at http://

www.regulations.gov. Before including 

Personally Identifiable Information (PII), 

such as address, phone number, email 

address, or other PII in your 

comment(s), you should be aware that 

your entire comment (including PII) 

may be made available to the public at 

any time. While you may ask us in your 

comment to withhold PII from public 

view, we cannot guarantee that we will 

be able to do so. 

Dated: January 22, 2015. 

Gregory J. Gould, 

Director, Office of Natural Resources 

Revenue. 

[FR Doc. 2015–01447 Filed 1–26–15; 8:45 am] 

BILLING CODE 4335–30–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–528–529 and 

731–TA–1264–1268 (Preliminary)] 

Certain Uncoated Paper From 

Australia, Brazil, China, Indonesia, and 

Portugal; Institution of Antidumping 

and Countervailing Duty Investigations 

and Scheduling of Preliminary Phase 

Investigations. 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the institution of investigations 

and commencement of preliminary 

phase antidumping and countervailing 

duty investigation Nos. 701–TA–528– 

529 and 731–TA–1264–1268 

(Preliminary) under sections 703(a) and 

733(a) of the Tariff Act of 1930 (19 

U.S.C. 1671b(a) and 1673b(a)) (the Act) 

to determine whether there is a 

reasonable indication that an industry 

in the United States is materially 

injured or threatened with material 

injury, or the establishment of an 

industry in the United States is 

materially retarded, by reason of 

imports from Australia, Brazil, China, 

Indonesia, and Portugal of certain 

uncoated paper, provided for in 

subheadings 4802.56, 4802.57, 4802.62, 

and 4802.69 of the Harmonized Tariff 

Schedule of the United States, that are 

alleged to be sold in the United States 

at less than fair value and that are 


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