Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 62047 

■ 2. Section 52.745 is amended by 

adding paragraphs (e), (f), and (g) to read 

as follows: 

§ 52.745 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(e) Approval and Disapproval—In a 

December 31, 2012, submittal, Illinois 

certified that the State has satisfied the 

infrastructure SIP requirements of 

section 110(a)(2)(A) through (H), and (J) 

through (M) for the 2008 ozone NAAQS 

except for 110(a)(2)(D)(i)(I). EPA is not 

taking action on the state board 

requirements of (E)(ii) or 110(a)(2)(A). 

Although EPA is disapproving portions 

of Illinois’ submission addressing the 

prevention of significant deterioration, 

Illinois continues to implement the 

Federally promulgated rules for this 

purpose as they pertain to (C), (D)(i)(II), 

(D)(ii), and the prevention of significant 

deterioration (PSD) portion of (J). 

(f) Approval and Disapproval—In a 

December 31, 2012, submittal, Illinois 

certified that the state has satisfied the 

infrastructure SIP requirements of 

section 110(a)(2)(A) through (H), and (J) 

through (M) for the 2010 nitrogen 

dioxide (NO2) NAAQS. EPA is not 

taking action on the state board 

requirements of (E)(ii) or 110(a)(2)(A). 

Although EPA is disapproving portions 

of Illinois’ submission addressing the 

prevention of significant deterioration, 

Illinois continues to implement the 

Federally promulgated rules for this 

purpose as they pertain to (C), (D)(i)(II), 

(D)(ii), and the prevention of significant 

deterioration (PSD) portion of (J). 

(g) Approval and Disapproval—In a 

December 31, 2012, submittal, Illinois 

certified that the state has satisfied the 

infrastructure SIP requirements of 

section 110(a)(2)(A) through (H), and (J) 

through (M) for the 2010 sulfur dioxide 

(SO2) NAAQS except for 

110(a)(2)(D)(i)(I). EPA is not taking 

action on the state board requirements 

of (E)(ii) or 110(a)(2)(A). Although EPA 

is disapproving portions of Illinois’ 

submission addressing the prevention of 

significant deterioration, Illinois 

continues to implement the Federally 

promulgated rules for this purpose as 

they pertain to (C), (D)(i)(II), (D)(ii), and 

the prevention of significant 

deterioration (PSD) portion of (J). 

[FR Doc. 2014–24353 Filed 10–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1290 

Office of Hearings and Appeals 

43 CFR Part 4 

[Docket No. ONRR–2011–0017; DS63610000 

DR2PS0000.CH7000 145D0102R2] 

RIN 1012–AA08 

Clarification of Appeal Procedures 

AGENCY: Office of Natural Resources 

Revenue and Office of Hearings and 

Appeals, Interior. 

ACTION: Final rule. 

SUMMARY: The Office of Natural 

Resources Revenue (ONRR) and Office 

of Hearing and Appeals (OHA) are 

amending and clarifying regulations 

concerning certain aspects of appeals of 

ONRR correspondence and clarifying 

the final administrative nature of ONRR 

orders that are not paid or appealed. 

DATES: Effective Date: November 17, 

2014. 

FOR FURTHER INFORMATION CONTACT: For 

questions on technical issues, contact 

Bonnie Robson, Office of Enforcement 

and Appeals, ONRR, telephone (303) 

231–3729, or email bonnie.robson@

onrr.gov. For other questions, contact 

Armand Southall, Regulatory Specialist, 

ONRR, telephone (303) 231–3221, or 

email armand.southall@onrr.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

ONRR is amending its appeal 

regulations. On May 13, 1999, the 

Department of the Interior (Department) 

published in the Federal Register (64 

FR 26240) a final rule governing the 

appeal of the former Minerals 

Management Service’s (MMS) Minerals 

Revenue Management (MRM) orders. In 

this rule, ONRR clarifies the appeal 

regulations by removing ambiguity 

regarding the ONRR definition of an 

Order, the timing of appeals of orders to 

perform restructured accounting, and 

the orders that have become final for the 

Department that the recipient has not 

paid or appealed. 

II. Reorganization of Title 30 CFR 

On May 19, 2010, the Secretary of the 

Interior (Secretary) separated the 

responsibilities previously performed by 

the former MMS and reassigned those 

responsibilities to three separate 

organizations. As part of this 

reorganization, the Secretary renamed 

MMS’s MRM the Office of Natural 

Resources Revenue and directed that 

ONRR transition from the Office of the 

Assistant Secretary for Land and 

Minerals Management to the Office of 

the Assistant Secretary for Policy, 

Management and Budget (PMB). This 

change required the reorganization of 

title 30, Code of Federal Regulations (30 

CFR). In response, ONRR published a 

direct final rule on October 4, 2010 (75 

FR 61051), to establish a new chapter 

XII in 30 CFR; to remove certain 

regulations from chapter II; and to 

recodify these regulations in the new 

chapter XII. Therefore, all references to 

ONRR in this rule include its 

predecessor MRM, and all references to 

30 CFR part 1290 in this rule include 

former 30 CFR part 290, subpart B. 

III. Comments on the Proposed 

Amendments 

ONRR published the proposed rule on 

July 22, 2013 (78 FR 43843). We 

received comments on the proposed 

rule from 1 oil and gas producer, 1 

Indian Tribe, and 1 trade association. 

We have analyzed these comments, 

which are discussed below: 

A. 30 CFR Part 1290—Appeals 

1. § 1290.102 Definition of ‘‘order.’’ 

Public Comments: Both the company 

and trade association expressed concern 

over the definition of an ‘‘order.’’ 

Specifically, they believe that paragraph 

2(vi) which states that ‘‘[a]ny 

correspondence that does not include 

the right to appeal in writing’’ is not an 

‘‘order,’’ is too broad, confusing, and 

unnecessary. Their primary concern is 

that correspondence that contains a 

requirement to pay or other ‘‘substantive 

obligation to perform,’’ but does not set 

out the right to appeal, forces the 

recipient to either (1) comply with the 

correspondence ‘‘but have no right to 

appeal’’ or (2) call ONRR to find out if 

ONRR intentionally left out the appeals 

language. The trade association thus 

suggests that we delete paragraph 2(vi) 

in the final rule or add language to 

paragraph 2(vi) that correspondence 

‘‘without express appeal language has 

no immediate legal effect on the 

recipient.’’ The company suggests that 

ONRR correspondence state whether it 

is appealable or not instead of stating in 

the rule that correspondence is not 

appealable if it does not contain appeal 

rights. 

ONRR Response: In the proposed rule 

we explained that ‘‘the rule proposes to 

amend existing appeal regulations in 

titles 30 and 43 to clarify which ONRR 

correspondence are appealable orders 

. . . [because] ONRR has received 

appeals filed in response to ‘‘Dear 


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Payor,’’ ‘‘Dear Operator,’’ and ‘‘Dear 

Reporter’’ letters. These letters contain 

policy and guidance that do not contain 

mandatory or ordering language, and, 

thus, are not ONRR orders.’’ In addition 

to clarifying that such correspondence 

are not appealable ‘‘orders,’’ we also 

proposed to add new language stating 

that any ONRR correspondence that 

does not set out the right to appeal in 

writing is not an appealable ‘‘order’’ 

consistent with the Interior Board of 

Land Appeals (IBLA) decision in 

Xanadu Exploration Company, 157 

IBLA 183, 186 (2002). 

With respect to our proposal to add a 

new paragraph 2(vi) that provides an 

order does not include ‘‘[a]ny 

correspondence that does not include 

the right to appeal in writing’’ we 

disagree with removing paragraph 2(vi) 

in the final rule for a several reasons. 

First, the concern that a company 

could receive correspondence that 

actually was an ‘‘order’’ with a 

‘‘substantive obligation to perform,’’ but 

would have no right to appeal is 

unfounded. If you receive 

correspondence from ONRR that does 

not contain the right to appeal, then by 

definition under paragraph 2(vi) of 

§ 1290.102 it is not an ‘‘order’’ and, 

thus, the company need not comply. 

Simply stated, if you received a 

document from ONRR that tells you to 

take some action, but does not contain 

appeal rights, you have no obligation to 

comply with that correspondence and 

may not appeal that correspondence 

because under new paragraph 2(iv), it is 

not an ‘‘order.’’ However, if you 

received a document from ONRR that 

tells you to take some action and sets 

out the right to appeal, you have an 

obligation to comply with that 

correspondence and may appeal that 

‘‘order.’’ 

Second, we do not believe we need to 

add language to paragraph 2(vi) to state 

that correspondence without appeal 

rights has no legal effect. By definition, 

as explained above, such 

correspondence is not an ‘‘order,’’ and, 

thus, has no legal effect. We also do not 

agree that adding language to the final 

rule that documents without express 

appeal language have no legal effect 

would clarify the definition of what 

constitutes an ‘‘order’’. We agree that 

ONRR correspondence should state 

whether it is appealable or not—and 

often does. For example, Preliminary 

Determination Letters—so-called ‘‘Issue 

Letters’’—that ONRR, States, and Tribes 

send to companies prior to an order do 

not state they are appealable—because 

they are not. On the other hand, Dear 

Payor Letters that merely provide 

guidance state they are not appealable. 

Finally, some ONRR correspondence 

such as orders to pay or report or 

interest bills, do state that they are 

appealable, and thus are appealable 

‘‘orders.’’ Nevertheless, we decline to 

codify that all ONRR correspondence 

must state whether it is appealable or 

not because if a company received 

correspondence that was silent on the 

right to appeal, it would create the same 

problem this rule is remedying—the 

company would be forced to appeal the 

correspondence in case ONRR merely 

omitted language providing a right to 

appeal. Whereas, under this rule, if the 

correspondence does not set out the 

right to appeal, as stated above, the 

recipient is not legally required to 

comply with the correspondence 

because, under this final rule the 

correspondence is not an ‘‘order.’’ 

Therefore, we are retaining paragraph 

2(vi) in the final rule. 

Public Comments: The trade 

association suggests that we also clarify 

the portion of the definition of an order 

that states an order ‘‘means any 

document issued by the ONRR Director 

or a delegated state. . . .’’ Specifically, 

it recommends removing the word 

‘‘Director’’ from the quoted portion of 

the definition because it allows an 

appeal of a Director’s Order to the 

Director. The trade association believes 

this language conflicts with 

§ 1290.110(b)(1) which states an 

appellant does not have to exhaust 

administrative remedies (i.e. appeal to 

the IBLA) if an order was made effective 

by the Director. 

ONRR Response: We agree that 

inclusion of the word ‘‘Director’’ in the 

definition of ‘‘order’’ is confusing and 

are removing it in the final rule. An 

order or decision the ONRR Director 

issues is appealable to the IBLA, not the 

Director. Therefore, we are making that 

clear in the final rule. Also, we are 

making a corresponding change to 

§ 1290.110(b) which states appellants do 

not have to exhaust administrative 

remedies if an order was made effective 

by the Director. Appellants do have to 

exhaust administrative remedies if an 

order is made effective by the Director. 

The ONRR Director and the BIA 

Director are not delegated authority to 

issue orders or decisions that are final 

for the Department and nonappealable. 

Paragraph (b)(1) conflicts with the 

requirement to appeal orders to perform 

a restructured accounting the Director 

issues to the IBLA under 1290.105(a)(2) 

and orders and decisions the ONRR 

Director issues to the IBLA under 

§ 1290.108. Accordingly, we are 

removing paragraph (b)(1) in this final 

rule. 

2. 1290.105(a)(1)(i) How do I appeal an 

order? 

Upon reviewing revised 30 CFR 

1290.105(a)(1)(i), we determined we 

inadvertently omitted the phrase 

‘‘Indian mineral leases’’ from the 

portion of this subparagraph pertaining 

to appeals of Orders to Perform 

Restructured Accounting. We have 

added this phrase to clarify that the 30- 

day appeal period applies to Orders to 

Perform Restructured Accounting 

involving Indian mineral leases. 

3. § 1290.108 How do I appeal to the 

IBLA? 

Public Comments: The trade 

association suggests that we also clarify 

proposed 30 CFR 1290.108(a) covering 

appeals to the IBLA. Specifically, it 

recommends removing the statement 

that a party may appeal ‘‘a final decision 

of the ONRR Director or the Director, 

Bureau of Indian Affairs’’ to the IBLA 

and instead state that a party may 

appeal ‘‘an order issued or made 

effective by the Director.’’ The trade 

association believes that the term ‘‘final 

decision’’ should be reserved for 

decisions that are final for the 

Department—such as IBLA and 

Assistant Secretary’s decisions. 

Both the company and trade 

association disagree with our proposal 

to extend the period for ONRR to file an 

answer in an appeal to the IBLA in 

proposed 1290.108(b). The trade 

association believes ONRR’s stated 

premise for the change ‘‘to allow ONRR 

to assemble the administrative record in 

royalty appeals’’ is flawed because it 

believes ‘‘ONRR should have already 

prepared and submitted the 

administrative record in support of its 

order prior to the due date for the 

appellant’s Statement of Reasons.’’ It 

also is concerned that allowing ONRR 

more time to assemble the 

administrative record could ‘‘impair’’ an 

appellant’s access to the administrative 

record. The company believes that 

ONRR should already have all of the 

information so no time is necessary to 

assemble the administrative record. 

ONRR Response: We agree that ONRR 

and BIA Director’s decisions and orders 

are not ‘‘final for the Department’’— 

which, as discussed above, is why we 

are removing § 1290.110(b)(1) in this 

final rule. Therefore, in the final rule, 

we are also revising section 1290.108(a) 

to state that a party may appeal to the 

IBLA ‘‘an order the ONRR Director 

issues or a decision the ONRR Director 

or Director, Bureau of Indian Affairs 

issues under this part.’’ 

With respect to 1290.108(b), ONRR 

will retain the extended period for it to 


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file its answer in the final rule for two 

reasons. First, any assumption that 

ONRR has all of the records already in 

its possession, and the administrative 

record is already assembled, is 

incorrect. When a party appeals an 

order to the Director, the Director’s 

decision is based on the order, issue 

letter, responses to the issue letter, 

appellant’s statement of reasons, field 

reports if requested, and additional 

information either the appellant or 

office that issued the order provides. 

Also, the Director’s decision is limited 

to only the issues the appellant raises on 

appeal. However, appellants often raise 

new issues or arguments on appeal to 

the IBLA. In order to ensure we provide 

a complete record to the IBLA and 

appellant, the Office of Enforcement and 

Appeal’s Litigation Support Branch 

(LSB) asks the office that issued the 

order to send the LSB all audit and 

compliance review records, even if 

portions of those audits or compliance 

reviews were not at issue in the appeal 

to the Director (for example, schedules 

not at issue in the appeal). Because an 

order may be issued by ONRR satellite 

offices, a delegated State, or by ONRR 

based on a delegated State or Tribal 

audit, it takes time for LSB to gather all 

of the documents to include in the 

record. LSB then organizes, indexes, 

and bates stamps the record—a service 

that benefits not only ONRR, but also 

the appellant and IBLA. 

Second, we believe the concern that 

allowing ONRR more time to assemble 

the administrative record could 

somehow ‘‘impair’’ an appellant’s 

access to the administrative record is 

unwarranted. As stated above, ONRR’s 

goal is to provide the most complete, 

well-organized record possible. 

Moreover, the appellant should already 

have most of the documents necessary 

to prepare its statement of reasons. And, 

to the extent the administrative record 

contains information the appellant did 

not have prior to filing its statement of 

reasons, which is not likely, the 

appellant may file a reply brief within 

15 days of ONRR filing an answer. 43 

CFR 4.412(d). 

4. § 1290.111 What happens if I do not 

pay or appeal an order? 

Public Comments: The Tribe 

submitted a comment in support of 

proposed § 1290.111. Section 1290.111 

makes clear that, if you receive an 

ONRR order and you neither pay nor 

appeal that order under 30 CFR part 

1290, the order is the final decision of 

the Department, and you may not 

contest the merits of that order in any 

subsequent proceeding seeking to 

enforce the order under 30 CFR part 

1241. For example, if ONRR issued a 

Notice of Noncompliance (NONC) under 

30 CFR part 1241 to enforce an order 

you did not pay or appeal, you may not 

contest your liability under the order in 

a hearing on the NONC. However, if you 

did not comply with the NONC 

enforcing the order, and ONRR assessed 

civil penalties for your failure to comply 

with the NONC, you could contest the 

amount of the penalty assessment. 

ONRR Response: ONRR appreciates 

the Tribe’s support and will retain 

§ 1290.111 in the final rule. 

43 CFR Part 4 Subpart J—Special Rules 

Applicable to Appeals Concerning 

Federal Oil and Gas Royalties and 

Related Matters 

5. § 43 CFR 4.903 Definition of 

‘‘order.’’ 

Public Comments: The trade 

association and company made the 

same comments to the definition of 

‘‘order’’ in section 4.903 as those they 

made for 30 CFR 1290.102. Definition of 

‘‘order’’ discussed above. 

ONRR Response: See our response to 

the comments to 30 CFR 1290.102 

above. 

IV. Procedural Matters 

1. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) of the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the Nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

2. Regulatory Flexibility Act 

The Department certifies that this rule 

will not have a significant economic 

effect on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

This rule will affect lessees under 

Federal and Indian mineral leases and 

other recipients of ONRR orders or other 

official correspondence. Lessees of 

Federal and Indian mineral leases are 

generally companies classified under 

the North American Industry 

Classification System (NAICS) Code 

211111, which includes companies that 

extract crude petroleum and natural gas. 

For this NAICS code classification, a 

small company is one with fewer than 

500 employees. Because this rule 

applies to all mineral leases, even 

though the NAICS classification only 

applies to oil and gas leases, we are 

using the same classification system for 

all mineral leases. The Department 

believes that a meaningful number of 

businesses affected by this rule will be 

small businesses. 

This rule will have no economic effect 

on small businesses. Businesses will not 

lose any opportunity to appeal any 

orders which may have an economic 

effect. This rule only will serve to 

clarify the proper forum for certain 

appeals, conform with other regulations, 

and codify previously enacted Federal 

law. A Regulatory Flexibility Analysis 

will not be required. Accordingly, a 

Small Entity Compliance Guide will not 

be required. 

Your comments are important. The 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and ten Regional Fairness Boards 

receive comments from small businesses 

about Federal agency enforcement 

actions. The Ombudsman annually 

evaluates the enforcement activities and 

rates each agency’s responsiveness to 

small business. If you wish to comment 

on the actions of ONRR, call 1–888– 

734–3247. You may comment to the 

Small Business Administration without 

fear of retaliation. Allegations of 

discrimination/retaliation filed with the 

Small Business Administration will be 

investigated for appropriate action. 

3. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2) of the Small Business 

Regulatory Enforcement Fairness Act (5 

U.S.C. 801 et seq.). This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 


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the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. This 

rule will not have a significant or 

unique effect on State, local, or Tribal 

governments, or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1501 et seq.) is not 

required. 

5. Takings (E.O. 12630) 

Under the criteria in section 2 of E.O. 

12630, this rule does not have any 

significant takings implications. This 

rule is not a governmental action 

capable of interference with 

constitutionally protected property 

rights. A Takings Implication 

Assessment is not required. 

6. Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism summary 

impact statement. This rule does not 

substantially and directly affect the 

relationship between the Federal and 

State governments. To the extent that 

State and local governments have a role 

in Outer Continental Shelf (OCS) 

activities, this rule does not affect that 

role. A Federalism summary impact 

statement is not required. 

7. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

a. Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

b. Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

8. Consultation With Indian Tribes (E.O. 

13175) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and tribal sovereignty. 

Under the Department’s consultation 

policy and the criteria in E.O. 13175, we 

evaluated this rule and determined that 

it will have no substantial direct effects 

on federally recognized Indian Tribes. 

Indian Tribes will be unaffected by 

clarifications to this appeals rule 

because the changes would affect the 

procedures for appeal by lessees, but not 

the rights of lessors, such as individual 

Indian mineral owners and Tribes. 

9. Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and a submission to OMB is not 

required under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

10. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. We 

are not required to provide a detailed 

statement under the National 

Environmental Policy Act of 1969 

(NEPA) because this rule qualifies for 

categorical exclusion under 43 CFR 

46.210(c) and (i) and the DOI 

Departmental Manual, part 516, section 

15.4.D: ‘‘(c) Routine financial 

transactions including such things as 

. . . audits, fees, bonds, and royalties 

. . . (i) Policies, directives, regulations, 

and guidelines: That are of an 

administrative, financial, legal, 

technical, or procedural nature.’’ See 43 

CFR 46.210(i) and the DOI Departmental 

Manual, part 516, section 15.4.D (2004). 

We have also determined that this rule 

is not involve in any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that requires further 

analysis under NEPA. The procedural 

changes resulting from these 

amendments have no consequences 

with respect to the physical 

environment. This rule will not alter, in 

any material way, natural resource 

exploration, production, or 

transportation. 

11. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. A Statement of Energy Effects is 

not required. 

List of Subjects 

30 CFR Part 1290 

Administrative practice and 

procedure. 

43 CFR Part 4 

Administrative practice and 

procedure, Civil rights, Claim, Equal 

access to justice, Estates, Government 

contracts, Grazing lands, Indians, 

Lawyers, Mines, Penalties, Public lands, 

Surface mining, Whistleblowing. 

Dated: October 2, 2014. 

Rhea Suh, 

Assistant Secretary for Policy, Management 

and Budget. 

Authority and Issuance 

For the reasons stated in the 

preamble, the Department of the Interior 

amends 30 CFR part 1290 and 43 CFR 

part 4, subpart J, as follows: 

TITLE 30—MINERAL RESOURCES 

CHAPTER XII—OFFICE OF NATURAL 

RESOURCES REVENUE, 

DEPARTMENT OF THE INTERIOR 

Subchapter B—Appeals 

PART 1290—APPEAL PROCEDURES 

■ 1. The authority citation for part 1290 

continues to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 43 U.S.C. 

1331. 

■ 2. Amend the definition of Order in 

§ 1290.102 by revising the introductory 

text and paragraphs (1)(i), (1)(ii), (2)(iii), 

and (2)(iv) and adding paragraphs (2)(v) 

and (2)(vi) to read as follows: 

§ 1290.102 What definitions apply to this 

part? 

* * * * * 

Order, for purposes of this part only, 

means any document issued by ONRR 

or a delegated State that contains 

mandatory or ordering language that 

requires the recipient to do any of the 

following for any lease subject to this 

part: Report, compute, or pay royalties 

or other obligations, report production, 

or provide other information. 

(1) * * * 

(i) An order to pay (Order to Pay) or 

to compute and pay (Order to Perform 

a Restructured Accounting); and 

(ii) An ONRR or delegated State 

decision to deny a lessee’s, designee’s, 

or payor’s written request that asserts an 

obligation due the lessee, designee, or 

payor (Denial). 

(2) * * * 

(iii) An order to pay that ONRR issues 

to a refiner or other person involved in 

disposition of royalty taken in kind; 

(iv) A Notice of Noncompliance or a 

Notice of Civil Penalty issued under 30 

U.S.C. 1719 and 30 CFR part 1241, or a 

decision of an administrative law judge 

or of the IBLA following a hearing on 

the record on a Notice of 

Noncompliance or Notice of Civil 

Penalty; 

(v) A ‘‘Dear Payor,’’ ‘‘Dear Operator,’’ 

or ‘‘Dear Reporter’’ letter unless it 

explicitly includes the right to appeal in 

writing; or 

(vi) Any correspondence that does not 

include the right to appeal in writing. 

* * * * * 


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■ 3. Amend § 1290.105 by revising 

paragraph (a) to read as follows: 

§ 1290.105 How do I appeal an order? 

(a)(1) You may appeal to the Director, 

Office of Natural Resources Revenue 

(ONRR Director), by filing a Notice of 

Appeal in the office of the official 

issuing the Order: 

(i) Within 30 days from service of an 

Order to Pay or a Denial involving 

Federal or Indian mineral leases, or an 

Order to Perform a Restructured 

Accounting involving Indian mineral 

leases or Federal solid mineral or 

geothermal leases; or 

(ii) Within 60 days from service of an 

Order to Perform a Restructured 

Accounting involving Federal oil and 

gas leases if a delegated State issued the 

Order to Perform a Restructured 

Accounting. 

(2) If the ONRR Director, or other 

most senior career professional 

responsible for the ONRR royalty 

management program, issued the Order 

to Perform a Restructured Accounting 

for a Federal oil and gas lease, then you 

may appeal that order to the IBLA 

within 60 days under § 1290.108. 

(3) For appeals to the ONRR Director 

under paragraph (a)(1) of this section, 

within the same 30-day or 60-day 

period, whichever is applicable, you 

must file in the office of the official 

issuing the Order to Pay, Order to 

Perform a Restructured Accounting, or 

Denial, a statement of reasons, or 

written arguments, or brief that includes 

the arguments on the facts or law that 

you believe justify reversal or 

modification of the Order to Pay, Order 

to Perform a Restructured Accounting, 

or Denial. 

(4) If you are a designee, when you 

file your Notice of Appeal, you must 

concurrently serve your Notice of 

Appeal on the lessees for the leases in 

the Order to Pay, Order to Perform a 

Restructured Accounting, or Denial you 

appealed. 

* * * * * 

■ 4. Revise § 1290.108 to read as 

follows: 

§ 1290.108 How do I appeal to the IBLA? 

(a) Any party to a case adversely 

affected by an order the ONRR Director 

issues or a decision the ONRR Director 

or Director, Bureau of Indian Affairs 

issues under this part shall have a right 

of appeal to the IBLA under the 

procedures provided in 43 CFR part 4, 

subpart E. 

(b) Notwithstanding 43 CFR 4.414(a), 

a party shall file an answer or 

appropriate motion within 60 days after 

service of the statement of reasons for 

appeal unless an extension of time is 

requested and granted. 

■ 5. Amend § 1290.110 by revising 

paragraphs (b)(1), (b)(2), and (b)(3) to 

read as follows: 

§ 1290.110 How do I exhaust 

administrative remedies? 

* * * * * 

(b) * * * 

(1) The Assistant Secretary for Policy, 

Management and Budget; 

(2) The Assistant Secretary for Indian 

Affairs; or 

(3) The Interior Board of Land 

Appeals under 43 CFR part 4. 

* * * * * 

■ 6. Add new § 1290.111 to read as 

follows: 

§ 1290.111 What happens if I do not pay or 

appeal an order? 

If you neither pay nor appeal an order 

under this part, that order is the final 

decision of the Department, you have 

failed to exhaust administrative 

remedies as required under 

§ 1290.110(a), and you may not contest 

the validity or merits of that order in 

any subsequent proceeding to enforce 

that order under 30 U.S.C. 1719 and part 

1241 of this chapter. 

TITLE 43—PUBLIC LANDS: INTERIOR 

SUBTITLE A—Office of the Secretary of 

the Interior 

PART 4—DEPARTMENT HEARINGS 

AND APPEALS PROCEDURES 

Subpart J—Special Rules Applicable to 

Appeals Concerning Federal Oil and 

Gas Royalties and Related Matters 

■ 7. The authority citation for subpart J 

continues to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 

396 et seq., 396a et seq., 2101 et seq.; 30 

U.S.C. 181 et seq., 351 et seq., 1001 et seq., 

1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 

et seq., 1331 et seq., and 1801 et seq. 

■ 8. Amend the sections in part 4 

indicated in the left column of the table 

by removing the text in the center 

column and adding in its place the text 

in the right column. 

§§ 4.902, 4.903, 4.906, 4.907, and 4.908 

[Amended] 

AMENDMENT TABLE FOR PART 4 

Amend By removing the reference to: And adding in its place: 

§ 4.902(a) .................................................................. 30 CFR part 290 in effect prior to May 13, 1999 

and contained in the 30 CFR, parts 200 to 699, 

edition revised as of July 1, 1998, 30 CFR part 

290 subpart B.

30 CFR part 1290. 

§ 4.902(a) .................................................................. Minerals Management Service (MMS) ................... Office of Natural Resources Revenue 

(ONRR). 

§ 4.903, definition of Delegated State ...................... MMS ........................................................................ ONRR. 

§ 4.903, definition of Delegated State ...................... 30 CFR part 227 ..................................................... 30 CFR part 1227. 

§ 4.903, definition of Designee ................................. 30 CFR 218.52 ........................................................ 30 CFR 1218.52. 

§ 4.903, definition of Monetary obligation ................. MMS ........................................................................ ONRR. 

§ 4.903, definition of Notice of Order (two times) .... MMS ........................................................................ ONRR. 

§ 4.903, definition of Party ........................................ MMS ........................................................................ ONRR. 

§ 4.903, definition of Party (two times) ..................... 30 CFR part 290 subpart B .................................... 30 CFR part 1290. 

§ 4.906(b)(1) ............................................................. MMS ........................................................................ ONRR. 

§ 4.906(b)(2) ............................................................. MMS ........................................................................ ONRR. 

§ 4.906(d) (three times) ............................................ MMS ........................................................................ ONRR. 

§ 4.907 (table of contents and section heading) ...... MMS ........................................................................ ONRR. 

§ 4.907(a) (two times) ............................................... MMS ........................................................................ ONRR. 

§ 4.907(b) .................................................................. MMS ........................................................................ ONRR. 

§ 4.907(c) .................................................................. MMS’s ..................................................................... ONRR’s. 

§ 4.908(a) .................................................................. MMS ........................................................................ ONRR. 

§ 4.908(b) .................................................................. MMS ........................................................................ ONRR. 

§ 4.908(c) .................................................................. MMS ........................................................................ ONRR. 


rmajette on DSK2VPTVN1PROD with RULES
62052 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 

■ 9. Revise the definitions of Order and 

Payor in § 4.903 to read as follows: 

§ 4.903 What definitions apply to this 

subpart? 

* * * * * 

Order means any document or portion 

of a document issued by ONRR or a 

delegated State that contains mandatory 

or ordering language regarding any 

monetary or nonmonetary obligation 

under any Federal oil and gas lease or 

leases. 

(1) Order includes: 

(i) An order to pay (Order to Pay) or 

to compute and pay (Order to Perform 

a Restructured Accounting); and 

(ii) An ONRR or delegated State 

decision to deny a lessee’s, designee’s, 

or payor’s written request that asserts an 

obligation due the lessee, designee, or 

payor. 

(2) Order does not include: 

(i) A non-binding request, 

information, or guidance, such as: 

(A) Advice or guidance on how to 

report or pay, including valuation 

determination, unless it contains 

mandatory or ordering language; and 

(B) A policy determination; 

(ii) A subpoena; 

(iii) An order to pay that ONRR issues 

to a refiner or other person involved in 

disposition of royalty taken in kind; or 

(iv) A Notice of Noncompliance or a 

Notice of Civil Penalty issued under 30 

U.S.C. 1719 and 30 CFR part 1241, or a 

decision of an administrative law judge 

or of the IBLA following a hearing on 

the record on a Notice of 

Noncompliance or Notice of Civil 

Penalty. 

(v) A ‘‘Dear Payor,’’ ‘‘Dear Operator,’’ 

or ‘‘Dear Reporter’’ letter unless it 

explicitly includes the right to appeal in 

writing; or 

(vi) Any correspondence that does not 

include the right to appeal in writing. 

* * * * * 

Payor means any person responsible 

for reporting and paying royalties for 

Federal oil and gas leases. 

■ 10. Revise § 4.904 to read as follows: 

§ 4.904 When does my appeal commence 

and end? 

For purposes of the period in which 

the Department must issue a final 

decision in your appeal under § 4.906: 

(a) Your appeal commences on the 

date ONRR receives your Notice of 

Appeal. 

(b) Your appeal ends on the same day 

of the 33rd calendar month after your 

appeal commenced under paragraph (a) 

of this section, plus the number of days 

of any applicable time extensions under 

§ 4.909 or 30 CFR 1290.109. If the 33rd 

calendar month after your appeal 

commenced does not have the same day 

of the month as the day of the month 

your appeal commenced, then the initial 

33-month period ends on the last day of 

the 33rd calendar month. 

■ 11. Amend § 4.906 by revising 

paragraph (b)(3) to read as follows: 

§ 4.906 What if the Department does not 

issue a decision by the date my appeal 

ends? 

* * * * * 

(b) * * * 

(3) If the ONRR Director issues an 

order or a decision in your appeal, and 

if you do not appeal the Director’s order 

or decision to IBLA within the time 

required under 30 CFR part 1290, then 

the ONRR Director’s order or decision is 

the final decision of the Department and 

30 U.S.C. 1724(h)(2) has no application. 

* * * * * 

[FR Doc. 2014–24305 Filed 10–15–14; 8:45 am] 

BILLING CODE 4310–T2–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD557 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Greenland Turbot in 

the Bering Sea Subarea of the Bering 

Sea and Aleutian Islands Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary Rule; Closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for non-CDQ Greenland turbot in 

the Bering Sea subarea of the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2014 Greenland 

turbot initial total allowable catch 

(ITAC) in the Bering Sea subarea of the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 12, 2014, through 

2400 hrs, A.l.t., December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2014 Greenland turbot ITAC in 

the Bering Sea subarea of the BSAI is 

1,410 metric tons (mt) as established by 

the final 2014 and 2015 harvest 

specifications for groundfish in the 

BSAI (79 FR 12108, March 4, 2014). In 

accordance with § 679.20(d)(1)(i) and 

(ii)(B), the Administrator, Alaska 

Region, NMFS, has determined that the 

2014 Greenland turbot ITAC in the 

Bering Sea subarea of the BSAI will be 

needed as incidental catch to support 

other groundfish fisheries. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 0 mt, and is setting aside 

the remaining 1,410 mt as incidental 

catch. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Greenland turbot in 

the Bering Sea subarea of the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the directed fishing closure of 

Greenland turbot in the Bering Sea 

subarea of the BSAI. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 9, 2014. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 


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