Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34777 

SUPPLEMENTARY INFORMATION: The 

Committee was established (Federal 

Register, Vol. 72, August 1, 2007, pp. 

42108–42109) pursuant to the Preserve’s 

2000 Recreational Off-Road Vehicle 

Management Plan and the Federal 

Advisory Committee Act of 1972 (5 

U.S.C. Appendix) to examine issues and 

make recommendations regarding the 

management of off-road vehicles (ORVs) 

in the Preserve. The agendas for these 

meetings are published by press release 

and on the http://parkplanning.nps.gov/ 

projectHome.cfm?parkId=352&

projectId=20437 Web site. The meetings 

are open to the public, and time is 

reserved for public comment. Oral 

comments are summarized for the 

record. If individuals wish to have their 

comments recorded verbatim, they must 

submit them in writing. 

Dated: July 6, 2009. 

Pedro Ramos, 

Superintendent, Big Cypress National 

Preserve. 

[FR Doc. E9–17098 Filed 7–16–09; 8:45 am] 

BILLING CODE 4310–V6–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLORL00000– 

L10200000.MJ0000.LXSS021H0000; HAG 

09–0230] 

Notice of Meeting, Southeast Oregon 

Resource Advisory Council (OR) 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Public Meeting. 

SUMMARY: Pursuant to the Federal Land 

Policy and Management Act and the 

Federal Advisory Committee Act, the 

U.S. Department of the Interior, Bureau 

of Land Management (BLM) Southeast 

Oregon Resource Advisory Council 

(SEORAC) will meet as indicated below: 

DATES: The meeting will begin at 9:30 

a.m. on August 13, 2009, and at 8 a.m. 

on August 14, 2009. 

ADDRESSES: The Council will meet at the 

Holiday Inn Express, 212 SE 10th Street, 

Ontario, Oregon. 

FOR FURTHER INFORMATION CONTACT: 

Scott Stoffel, Public Affairs Specialist, 

1301 South G Street, Lakeview, OR 

97630, (541) 947–6237. 

SUPPLEMENTARY INFORMATION: The 

SEORAC advises the Secretary of the 

Interior, through the BLM, on a variety 

of planning and management issues for 

public lands in the Lakeview, Burns and 

Vale BLM Districts and the FremontWinema and Malheur National Forests. 

Planned agenda items include: A tour of 

current Vale District energy, recreation, 

sagebrush, sage-grouse and wilderness 

characteristics projects; updates on BLM 

and U.S. Forest Service American 

Recovery and Reinvestment Act 

projects; an overview of BLM’s sagegrouse and sagebrush strategies; a 

discussion on the proposed action for 

the Fremont-Winema National Forests’ 

Travel Management Plan; a summary of 

federal energy team and project efforts; 

and a briefing on the current status of 

the sage-grouse listing decision. Other 

agenda topics include: Manager updates 

on current land management issues, 

interest area briefings by Council 

members, reports from the Chairs of 

active subgroups, development of 

agenda items for the next meeting, and 

any other matters that may reasonably 

come before the SEORAC. 

The public is welcome to attend all 

portions of the meeting and may make 

oral comments to the Council at 8:15 

a.m. on August 14, 2009. Those who 

verbally address the SEORAC are asked 

to provide a written statement of their 

comments or presentation. Unless 

otherwise approved by the SEORAC 

Chair, the public comment period will 

last no longer than 30 minutes, and each 

speaker may address the SEORAC for a 

maximum of five minutes. The meeting 

agenda will be posted at http:// 

www.blm.gov/or/rac/seorracminutes.php when available. If 

reasonable accommodation is required, 

please contact the BLM’s Lakeview 

District at (541) 947–2177 as soon as 

possible. 

Dated: July 9, 2009. 

Carol A. Benkosky, 

District Manager, Lakeview District Office. 

[FR Doc. E9–16967 Filed 7–16–09; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

Outer Continental Shelf (OCS) Western 

Planning Area (WPA) Gulf of Mexico 

(GOM) Oil and Gas Lease Sale 210 

AGENCY: Minerals Management Service, 

Interior. 

ACTION: Final Notice of Sale (NOS) 210. 

SUMMARY: On Wednesday, August 19, 

2009, MMS will open and publicly 

announce bids received for blocks 

offered in WPA Oil and Gas Lease Sale 

210, pursuant to the OCS Lands Act (43 

U.S.C. 1331–1356, as amended) and the 

regulations issued thereunder (30 CFR 

Part 256). The Final NOS 210 Package 

contains information essential to 

bidders, and bidders are charged with 

the knowledge of the documents 

contained in the Package. 

DATES: Public bid reading for the WPA 

Oil and Gas Lease Sale 210 will begin 

at 9 a.m., Wednesday, August 19, 2009, 

at the Royal Sonesta Hotel in the Grand 

Ballroom, located at 300 Bourbon Street, 

New Orleans, Louisiana 70130. All 

times referred to in this document are 

local New Orleans times, unless 

otherwise specified. 

ADDRESSES: Bidders can obtain a Final 

NOS 210 Package containing this NOS 

and several supporting and essential 

documents referenced herein from MMS 

Gulf of Mexico Region Public 

Information Unit, 1201 Elmwood Park 

Boulevard, New Orleans, Louisiana 

70123–2394, (504) 736–2519 or (800) 

200–GULF or via the MMS GOM 

Homepage Address on the Internet at: 

http://www.gomr.mms.gov. 

Filing of Bids: Bidders must submit 

sealed bids to the Regional Director 

(RD), MMS Gulf of Mexico Region, 1201 

Elmwood Park Boulevard, New Orleans, 

Louisiana 70123–2394, between 8 a.m. 

and 4 p.m. on normal working days, and 

from 8 a.m. to the Bid Submission 

Deadline of 10 a.m. on Tuesday, August 

18, 2009, the day before the lease sale. 

If bids are mailed, please address the 

envelope containing all of the sealed 

bids as follows: 

Attention: Supervisor, Leasing and 

Financial Responsibility Unit (MS 

5422), Leasing and Environment, 

Leasing Activities Section, MMS Gulf of 

Mexico Region, 1201 Elmwood Park 

Boulevard, New Orleans, Louisiana 

70123–2394. Contains Sealed Bids for 

Oil and Gas Lease Sale 210. Please 

Deliver to Ms. Nancy Kornrumpf, 6th 

Floor, Immediately. 

Please note: Bidders mailing their bid(s) 

are advised to call Ms. Nancy Kornrumpf at 

(504) 736–2726, immediately after putting 

their bid(s) in the mail. 

If the RD receives bids later than the 

time and date specified above, he will 

return those bids unopened to bidders. 

Should an unexpected event such as 

flooding or travel restrictions be 

significantly disruptive to bid 

submission, MMS Gulf of Mexico 

Region may extend the Bid Submission 

Deadline. Bidders may call (504) 736– 

0557 or access our Web site at: http:// 

www.gomr.mms.gov for information 

about the possible extension of the Bid 

Submission Deadline due to such an 

event. 

Areas Offered for Leasing: The MMS 

is offering for leasing in the WPA OCS 

Oil and Gas Lease Sale 210, all blocks 

and partial blocks listed in the 

document ‘‘List of Blocks Available for 

Leasing’’ included in this Final NOS 

mstockstill on DSKH9S0YB1PROD with NOTICES

34778 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

210 Package. All of these blocks are 

shown on the following leasing maps 

and Official Protraction Diagrams 

(OPDs): 

Outer Continental Shelf Leasing 

Maps—Texas Map Numbers 1 Through 

8 (These 16 Maps Sell for $2.00 Each) 

TX1 South Padre Island Area (revised 

November 1, 2000) 

TX1A South Padre Island Area, East 

Addition (revised November 1, 2000) 

TX2 North Padre Island Area (revised 

November 1, 2000) 

TX2A North Padre Island Area, East 

Addition (revised November 1, 2000) 

TX3 Mustang Island Area (revised 

November 1, 2000) 

TX3A Mustang Island Area, East 

Addition (revised September 3, 2002) 

TX4 Matagorda Island Area (revised 

November 1, 2000) 

TX5 Brazos Area (revised November 1, 

2000) 

TX5B Brazos Area, South Addition 

(revised November 1, 2000) 

TX6 Galveston Area (revised 

November 1, 2000) 

TX6A Galveston Area, South Addition 

(revised November 1, 2000) 

TX7 High Island Area (revised 

November 1, 2000) 

TX7A High Island Area, East Addition 

(revised November 1, 2000) 

TX7B High Island Area, South 

Addition (revised November 1, 2000) 

TX7C High Island Area, East Addition, 

South Extension (revised November 1, 

2000) 

TX8 Sabine Pass Area (revised 

November 1, 2000) 

Outer Continental Shelf Leasing 

Maps—Louisiana Map Numbers 1A, 

1B, and 12 (These 3 Maps Sell for $2.00 

Each) 

LA1A West Cameron Area, West 

Addition (revised February 28, 2007) 

LA1B West Cameron Area, South 

Addition (revised February 28, 2007) 

LA12 Sabine Pass Area (revised 

February 28, 2007) 

Outer Continental Shelf Official 

Protraction Diagrams (These 7 

Diagrams Sell for $2.00 Each) 

NG14–03 Corpus Christi (revised 

November 1, 2000) 

NG14–06 Port Isabel (revised 

November 1, 2000) 

NG15–01 East Breaks (revised 

November 1, 2000) 

NG15–02 Garden Banks (revised 

February 28, 2007) 

NG15–04 Alaminos Canyon (revised 

November 1, 2000) 

NG15–05 Keathley Canyon (revised 

February 28, 2007) 

NG15–08 Sigsbee Escarpment (revised 

February 28, 2007) 

Please note: A CD–ROM (in ARC/INFO and 

Acrobat (.pdf) format) containing all of the 

GOM leasing maps and OPD, except for those 

not yet converted to digital format, is 

available from MMS Gulf of Mexico Region 

Public Information Unit for a price of $15. 

These GOM leasing maps and OPDs are also 

available for free online in .pdf and .gra 

format at http://www.gomr.mms.gov/ 

homepg/lsesale/map_arc.html. 

For the current status of all GOM 

WPA leasing maps and OPDs, please 

refer to 66 FR 28002 (published May 21, 

2001), 67 FR 60701 (published 

September 26, 2002), and 72 FR 27590 

(published May 16, 2007). In addition, 

Supplemental Official OCS Block 

Diagrams (SOBDs) for these blocks are 

available for blocks which contain the 

U.S. 200 Nautical Mile Limit line and 

the U.S.-Mexico Maritime Boundary 

line. These SOBDs are also available 

from MMS Gulf of Mexico Region 

Public Information Unit. For additional 

information, please call Ms. Tara 

Montgomery (504) 736–5722. 

All blocks are shown on these leasing 

maps and OPDs. The available Federal 

acreage of all whole and partial blocks 

in this lease sale is shown in the 

document ‘‘List of Blocks Available for 

Leasing’’ included in this Final NOS 

210 Package. Some of these blocks may 

be partially leased or deferred, or 

transected by administrative lines such 

as the Federal/State jurisdictional line. 

A bid on a block must include all of the 

available Federal acreage of that block. 

Also, information on the unleased 

portions of such blocks is found in the 

document ‘‘Western Planning Area, 

Lease Sale 210, August 19, 2009— 

Unleased Split Blocks and Available 

Unleased Acreage of Blocks with 

Aliquots and Irregular Portions Under 

Lease or Deferred’’ included in the Final 

NOS 210 Package. 

Areas Not Available for Leasing: The 

following whole and partial blocks are 

not offered for lease in this sale: 

Whole and portions of blocks which 

lie within the boundaries of the Flower 

Garden Banks National Marine 

Sanctuary at the East and West Flower 

Garden Banks and Stetson Bank (the 

following list includes all blocks 

affected by the Sanctuary boundaries): 

High Island, East Addition, South 

Extension (Leasing Map TX7C) 

Whole Block: A–398. 

Portions of Blocks: A–366*, A–367*, 

A–374*, A–375, A–383*, A–384*, 

A–385*, A–388, A–389*, A–397*, 

A–399, A–401. 

High Island, South Addition (Leasing 

Map TX7B) 

Portions of Blocks: A–502, A–513*. * Leased. 

Garden Banks (OPD NG15–02) 

Portions of Blocks: 134, 135. 

Whole and portions of blocks which 

lie within the former Western Gap 

portion of the 1.4 nautical mile buffer 

zone north of the continental shelf 

boundary between the United States and 

Mexico: 

Keathley Canyon (OPD NG15–05) 

Portions of Blocks: 978 through 980. 

Sigsbee Escarpment (OPD NG15–08) 

Whole Blocks: 11, 57, 103, 148, 149, 

194. 

Portions of Blocks: 12 through 14, 58 

through 60, 104 through 106, 150. 

Statutes and Regulations: Each lease 

issued in this lease sale is subject to the 

OCS Lands Act of August 7, 1953; 43 

U.S.C. 1331 et seq., as amended, 

hereinafter called ‘‘the Act;’’ regulations 

promulgated pursuant thereto, and other 

statutes and regulations in existence 

upon the Effective Date of the Lease, 

and those statutes enacted and 

regulations promulgated thereafter, 

except to the extent they are 

inconsistent with an express provision 

of this lease. 

This lease form language change 

conforms this term of OCS mineral 

leases with that of onshore, BLM leases 

and avoids a narrow and never intended 

reading of the previous lease language to 

limit the obligation of lessees to comply 

with later enacted laws. 

The MMS uses Form MMS–2005 

(March 1986) to convey leases. The 

lease form will be amended with the 

specific terms, conditions and 

stipulations applicable to the individual 

lease. Addressed below are the 

collective terms, conditions and 

stipulations applicable to this sale. 

Lease Terms and Conditions: Initial 

periods, extensions of initial periods, 

minimum bonus bid amounts, rental 

rates, escalating rental rates for leases 

with an approved extension of the 

initial 5-year period, royalty rate, 

minimum royalty, and royalty 

suspension provisions, if any, 

applicable to this sale are noted below. 

Depictions of related areas are shown on 

the map ‘‘Final, Western Planning Area, 

Lease Sale 210, August 19, 2009, Lease 

Terms and Economic Conditions,’’ for 

leases resulting from this lease sale. 

Initial Periods: 5 years for blocks in 

water depths of less than 400 meters; 8 

years for blocks in water depths of 400 

to less than 800 meters (pursuant to 30 

CFR 256.37, commencement of an 

exploratory well is required within the 

first 5 years of the initial 8-year term to 

avoid lease cancellation); and 10 years 

for blocks in water depths of 800 meters 

or deeper. 

Extensions of Initial Periods: The 5- 

year initial period for a lease in water 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34779 

depths of less than 400 meters and 

issued from this sale may be extended 

to 8 years if a well, targeting 

hydrocarbons below 25,000 feet true 

vertical depth subsea (TVD SS), is 

spudded within the first 5 years of the 

initial period. The 3-year extension may 

be granted in cases where the well is 

drilled to a target below 25,000 TVD SS 

and also in cases where the well does 

not reach a depth below 25,000 TVD SS 

due to mechanical or safety reasons. 

In order for the 5-year initial period 

to be extended to 8 years, the lessee is 

required to submit to the Regional 

Supervisor for Production and 

Development within 30 days after 

completion of the drilling operation, a 

letter providing the well number, spud 

date, information demonstrating the 

target below 25,000 feet TVD SS, and if 

applicable, any safety or mechanical 

problems encountered that prevented 

the well from reaching a depth below 

25,000 feet TVD SS. The Regional 

Supervisor must concur in writing that 

the conditions have been met to extend 

the lease term 3 years. The Regional 

Supervisor will provide written 

confirmation of any lease extension 

within 30 days of receipt of the letter 

provided. 

For any lease that has a well spudded 

in the first 5 years of the initial period 

with a hydrocarbon target below 25,000 

feet TVD SS, the regulations found at 30 

CFR 250.175(a), (b), and (c) will not be 

applicable at the end of the 5th year. 

For any lease that does not have a 

well spudded in the first 5 years of the 

initial period which targets 

hydrocarbons below 25,000 feet TVD 

SS, the regulations found at 30 CFR 

250.175(a), (b), and (c) will be 

applicable, but the 3-year extension will 

not be available. At the end of the 8th 

year, the lessee is free to use all leaseterm extension provisions under the 

regulations. 

Minimum Bonus Bid Amounts: A 

bonus bid will not be considered for 

acceptance unless it provides for a cash 

bonus in the amount of $25 or more per 

acre or fraction thereof for blocks in 

water depths of less than 400 meters or 

$37.50 or more per acre or fraction 

thereof for blocks in water depths of 400 

meters or deeper; to confirm the exact 

calculation of the minimum bonus bid 

amount for each block, see ‘‘List of 

Blocks Available for Leasing,’’ 

contained in the Final NOS 210 

Package. Please note that bonus bids 

must be in whole dollar amounts (i.e., 

any cents will be disregarded by MMS). 

Rental Rates: Rentals for leases issued 

in this sale are to be paid at the rental 

rates summarized in the following table 

on or before the 1st day of each lease 

year until determination of well 

producibility is made, then at the 

expiration of each lease year until the 

start of royalty-bearing production. 

Escalating Rental Rates for leases with 

an approved extension of the 5-year 

initial period: Any lease in water depths 

less than 400 meters and granted a 3- 

year extension beyond the 5-year initial 

period as provided below will pay the 

escalating rental rate. The escalating 

rental rates after the 5th year for blocks 

in less than 400 meters will become 

fixed and no longer escalate if another 

well is spudded during the 3-year 

extended term of the lease that targets 

hydrocarbons below 25,000 feet TVD 

SS, and MMS concurs that this has 

occurred. In this case the rental rate will 

become fixed at the rental rate in effect 

during the lease year in which the 

additional well was spudded. 

SALE 210 RENTAL RATES PER ACRE OR FRACTION THEREOF

Water depth 

(in meters) Years 1–5 Years 6, 7, and 8 Years 9+ 

0 to <200 ............................................. $7.00 $14.00, $21.00, $28.00 ..................................................................................... $28.00 

200 to <400 ......................................... 11.00 $22.00, $33.00, $44.00 ..................................................................................... 44.00 

400 to <800 ......................................... 11.00 $16.00 (if exploratory well drilled per 30 CFR 256.37) ..................................... 16.00 

800+ ..................................................... 11.00 $16.00 ................................................................................................................ 16.00 

Royalty Rate: 183⁄4 percent royalty 

rate for blocks in all water depths, 

except during periods of royalty 

suspension, to be paid monthly on the 

last day of the month following the 

month during which the production is 

obtained. 

Minimum Royalty: $7.00 per acre or 

fraction thereof per year for blocks in 

water depths of less than 200 meters 

and $11.00 per acre or fraction thereof 

per year for blocks in water depths of 

200 meters or deeper regardless of the 

year of the lease and notwithstanding 

any royalty relief volume. Minimum 

royalty is to be paid at the expiration of 

each lease year beginning in the year in 

which royalty bearing production 

commences, and continuing thereafter 

regardless of either the lease year or 

whether any royalty suspension may 

apply. A credit will be applied for any 

actual royalty paid on the lease during 

the lease year in which minimum 

royalty is owed on the lease. If the 

actual royalty paid on the lease for a 

given lease year exceeds the minimum 

royalty otherwise owed, then no 

minimum royalty payment is due. 

Royalty Suspension Provisions: Leases 

with royalty suspension volumes (RSV) 

are authorized under existing MMS 

rules at 30 CFR Parts 203 and 260. There 

are no circumstances under which a 

single lease could receive a royalty 

suspension both for deep gas production 

and for deepwater production. 

Deep and Ultra-Deep Gas Royalty 

Suspensions 

A lease issued as a result of this sale 

may be eligible for royalty relief for 

deep and ultra-deep wells pursuant to 

30 CFR 203.0 and 30 CFR 203.30– 

203.49. The regulations provide deep 

gas incentives in two ways. First, they 

provide an RSV of at least 35 billion 

cubic feet of natural gas for certain wells 

completed in a drilling depth category 

(20,000 feet TVD SS or deeper) for 

leases in 0 to less than 400 meters of 

water. Second, they offer the same RSVs 

as those that were offered in shallower 

water to leases in 200 to less than 400 

meters of water and they include a 

provision that wells completed from 

15,000 to 20,000 feet TVD SS must 

begin production before May 3, 2013. 

These RSV incentives are conditional on 

applicable price thresholds. 

Deepwater Royalty Suspensions 

The following Royalty Suspension 

Provisions apply to deepwater oil and 

gas production: 

A lease issued as a result of this sale 

may be eligible for deepwater royalty 

relief mandated by section 345 of 

EPAct05. Section 345 directs 

continuation of the MMS deepwater 

incentive program utilized since 2001 in 

the Gulf of Mexico for leases issued 

between August 8, 2005, and August 8, 

2010, and provides for an increase in 

RSV from 12 million barrels of oil 

equivalent (MMBOE) to 16 MMBOE for 

leases in water depths greater than 2,000 

meters. The RSVs provided for 

mstockstill on DSKH9S0YB1PROD with NOTICES

34780 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

deepwater leases are subject to 

applicable price thresholds, as 

discussed below. The following Royalty 

Suspension Provisions for deepwater oil 

and gas production apply to a lease 

issued as a result of this sale. These 

provisions are similar to, and mean the 

same as, the language used in recent 

sales except for some clarifying text and 

updated examples. In addition to these 

provisions, and the EPAct05, refer to 30 

CFR 218.151 and applicable provisions 

of sections 260.120–260.124 for 

regulations on how royalty suspensions 

relate to field assignment, product 

types, rental obligations, and 

supplemental royalty relief. 

1. A lease in water depths of 400 

meters or more will receive a royalty 

suspension as follows, according to the 

water depth range in which the lease is 

located: 

400 meters to less than 800 meters: 5 

MMBOE. 

800 meters to less than 1,600 meters: 9 

MMBOE. 

1,600 meters to 2,000 meters: 12 

MMBOE. 

Greater than 2,000 meters: 16 MMBOE. 

2. In any calendar year during which 

the arithmetic average of the daily 

closing prices for the nearby delivery 

month on the New York Mercantile 

Exchange (NYMEX) for the applicable 

product exceeds the adjusted product 

price threshold, the lessee must pay 

royalty on production that would 

otherwise receive royalty relief under 30 

CFR Part 260 or supplemental relief 

under 30 CFR Part 203, and such 

production will count towards the 

royalty suspension volume. 

(a) The base level price threshold for 

light sweet crude oil is $37.18 per barrel 

expressed in 2008 dollars. The adjusted 

oil price threshold in any subsequent 

calendar year is computed by changing 

the price threshold applicable in the 

immediately preceding calendar year by 

the percentage by which the implicit 

price deflator for the gross domestic 

product has changed during the 

calendar year. 

(b) The base level price threshold for 

natural gas is $4.65 per million British 

thermal units (MMBTU) expressed in 

2008 dollars. The adjusted gas price 

threshold in any subsequent calendar 

year is computed by changing the price 

threshold applicable in the immediately 

preceding calendar year by the 

percentage by which the implicit price 

deflator for the gross domestic product 

has changed during the calendar year. 

(c) As an example, if the implicit 

price deflator indicates that inflation is 

3 percent in 2009, then the price 

threshold in calendar year 2009 would 

become $38.30 per barrel for oil and 

$4.79 for gas. Therefore, royalty on oil 

production in calendar year 2009 would 

be due if the average of the daily closing 

prices for the nearby delivery month on 

the NYMEX in 2009 exceeds $38.30 per 

barrel and royalty on gas production in 

calendar year 2009 would be due if the 

average of the daily closing prices for 

the nearby delivery month on the 

NYMEX in 2009 exceeds $4.79 per 

MMBTU. 

(d) The MMS provides notice in 

March of each year when adjusted price 

thresholds for the preceding year were 

exceeded. Once this determination is 

made, based on the then-most recent 

implicit price deflator information, it 

will not be revised regardless of any 

subsequent adjustments in the implicit 

price deflator published by the U.S. 

Government for the preceding year. 

Information on price thresholds and the 

methodology for applying the preceding 

year’s implicit price deflator is available 

at MMS Web site at: http:// 

www.mms.gov/econ and in the 2008 

Notice of the Annual Price Threshold 

Determination (74 FR 26879). 

(e) In cases where the actual average 

price for the product exceeds the 

adjusted price threshold in any calendar 

year, royalties must be paid no later 

than 90 days after the end of the year 

(see 30 CFR 260.122(b)(2) for more 

detail) and royalties must be paid 

provisionally in the following calendar 

year (see 30 CFR 260.122(c) for more 

detail). 

(f) Full royalties are owed on all 

production from a lease after the RSV is 

exhausted, beginning on the first day of 

the month following the month in 

which the RSV is exhausted. 

Lease Stipulations: The map ‘‘Final, 

Western Planning Area, Lease Sale 210, 

August 19, 2009, Stipulations and 

Deferred Blocks’’ depicts those blocks 

on which one or more of four lease 

stipulations apply: (1) Topographic 

Features; (2) Military Areas; (3) Law of 

the Sea Convention Royalty Payment; 

(4) Protected Species. 

The texts of the stipulations are 

contained in the document ‘‘Lease 

Stipulations, Western Planning Area, 

Oil and Gas Lease Sale 210, Final Notice 

of Sale’’ included in this Final NOS 210 

Package. In addition, the ‘‘List of Blocks 

Available for Leasing,’’ contained in the 

Final NOS 210 Package identifies for 

each block listed the lease stipulations 

applicable to that block. 

Information to Lessees: This Final 

NOS 210 Package contains an 

‘‘Information to Lessees’’ document that 

provides detailed information on certain 

specific issues pertaining to this 

proposed oil and gas lease sale. 

Method of Bidding: For each block bid 

upon, a bidder must submit a separate 

signed bid in a sealed envelope. The 

outside of the envelope should be 

labeled ‘‘Sealed Bid for Oil and Gas 

Lease Sale 210, not to be opened until 

9 a.m., Wednesday, August 19, 2009.’’ 

The submitting company’s name, its 

GOM company number, the map name, 

map number, and block number should 

be clearly identified on the outside of 

the envelope. 

The sealed bid should list the total 

amount of the bid in a whole dollar 

amount (any cent amount above the 

whole dollar will be ignored by the 

MMS) as well as the sale number, the 

sale date, the submitting company’s 

name, its GOM company number, the 

map name, map number, and the block 

number clearly identified. The 

information required on the bid(s) and 

the bid envelope(s) are specified in the 

document ‘‘Bid Form and Envelope’’ 

contained in the Final NOS 210 

Package. A blank bid form has been 

provided therein for your convenience 

and may be copied and filled in. Please 

refer to the sample bid envelope 

included within the Final NOS 210 

Package. 

Please also refer to the Telephone 

Numbers/Addresses of Bidders Form 

included within the Final NOS 210 

Package. We are requesting that you 

provide this information in the format 

suggested for each lease sale. Please 

provide this information prior to or at 

the time of bid submission. Do not 

enclose this form inside the sealed bid 

envelope. 

The MMS published in the Federal 

Register a list of restricted joint bidders, 

which applies to this lease sale, at 74 FR 

17984 on April 20, 2009. Please also 

refer to joint bidding provisions at 30 

CFR 256.41 for additional information. 

All bidders must execute all documents 

in conformance with signatory 

authorizations on file in MMS Gulf of 

Mexico Region Adjudication Unit. 

Designated signatories must be 

authorized to bind their respective legal 

business entities (e.g., a corporation, 

partnership, or LLC) and must have an 

incumbency certificate setting forth the 

authorized signatories on file with the 

GOM Region Adjudication Office. 

Bidders submitting joint bids must 

include on the bid form the 

proportionate interest of each 

participating bidder, stated as a 

percentage, using a maximum of five 

decimal places (e.g., 33.33333 percent) 

with total interest equaling 100 percent. 

The MMS may require bidders to submit 

other documents in accordance with 30 

CFR 256.46. The MMS warns bidders 

against violation of 18 U.S.C. 1860 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34781 

prohibiting unlawful combination or 

intimidation of bidders. Bidders are 

advised that MMS considers the signed 

bid to be a legally binding obligation on 

the part of the bidder(s) to comply with 

all applicable regulations, including 

payment of the one-fifth bonus bid 

amount on all high bids. A statement to 

this effect must be included on each bid 

(see the document ‘‘Bid Form and 

Envelope’’ contained in the Final NOS 

210 Package). 

Withdrawal of Bids: Once submitted, 

bid(s) may not be withdrawn unless the 

RD receives a written request for 

withdrawal from the company who 

submitted the bid(s), prior to 10 a.m. on 

Tuesday, August 18, 2009. This request 

must be typed on company letterhead 

and must contain the submitting 

company’s name, its company number, 

the map name/number and block 

number of the bid(s) to be withdrawn. 

The request must be in conformance 

with signatory authorizations on file in 

MMS Gulf of Mexico Region 

Adjudication Office. Signatories must be 

authorized to bind their respective legal 

business entities (e.g., a corporation, 

partnership, or LLC) and must have an 

incumbency certificate setting forth the 

authorized signatories on file with MMS 

GOM Region Adjudication Office. The 

name and title of said signatory must be 

typed under the signature block on the 

withdrawal letter. Upon the RD’s, or his 

designee’s, approval of such requests, he 

will indicate his approval by affixing his 

signature and date to the submitting 

company’s request for withdrawal. 

Rounding: The following procedure 

must be used to calculate the minimum 

bonus bid, annual rental, and minimum 

royalty: Round up to the next whole 

acre if the block acreage contains a 

decimal figure prior to calculating the 

minimum bonus bid, annual rental, and 

minimum royalty amounts. The 

appropriate rate per acre is applied to 

the whole (rounded up) acreage. 

The bonus bid must be in whole 

dollar amounts (i.e., any cents will be 

disregarded by MMS) and greater than 

or equal to the minimum bonus bid. The 

appropriate minimum bid per acre rate 

is applied to the whole (rounded up) 

acreage and the resultant calculation is 

rounded up to the next whole dollar 

amount if the calculation results in any 

cents. The minimum bonus bid 

calculation, including all rounding, is 

shown in the document ‘‘List of Blocks 

Available for Leasing’’ included in the 

Final NOS 210 Package. 

Bonus Bid Deposit: Each bidder 

submitting an apparent high bid must 

submit a bonus bid deposit to MMS 

equal to one-fifth of the bonus bid 

amount for each such bid. All payments 

must be electronically deposited into an 

interest-bearing account in the U.S. 

Treasury (account information provided 

in the Electronic Funds Transfer (EFT) 

instructions) by 11 a.m. Eastern Time 

the day following bid reading. Under 

the authority granted by 30 CFR 

256.46(b), MMS requires bidders to use 

electronic funds transfer procedures for 

payment of one-fifth bonus bid deposits 

for Lease Sale 210, following the 

detailed instructions contained in the 

document ‘‘Instructions for Making EFT 

Bonus Payments’’ which can be found 

on MMS GOM Web site at: http:// 

www.gomr.mms.gov/homepg/lsesale/ 

210/wgom210.html. Acceptance of a 

deposit does not constitute and shall not 

be construed as acceptance of any bid 

on behalf of the United States. If a lease 

is awarded, however, MMS requests that 

only one transaction be used for 

payment of the four-fifths bonus bid 

amount and the first year’s rental. 

Please note: Certain bid submitters (i.e., 

those that are NOT currently an OCS mineral 

lease record titleholder or designated 

operator OR those that have ever defaulted 

on a one-fifth bonus bid payment (EFT or 

otherwise)) are required to guarantee (secure) 

their one-fifth bonus bid payment prior to the 

submission of bids. For those who must 

secure the EFT one-fifth bonus bid payment, 

one of the following options may be used: (1) 

Provide a third-party guarantee; (2) amend 

bond coverage; (3) provide a letter of credit; 

or (4) provide a lump sum payment in 

advance via EFT. The EFT instructions 

specify the requirements for each option. 

Withdrawal of Blocks: The United 

States reserves the right to withdraw 

any block from this lease sale prior to 

issuance of a written acceptance of a bid 

for the block. 

Acceptance, Rejection, or Return of 

Bids: The United States reserves the 

right to reject any and all bids. In any 

case, no bid will be accepted, and no 

lease for any block will be awarded to 

any bidder, unless the bidder has 

complied with all requirements of this 

Notice and applicable regulations; the 

bid is the highest valid bid; and the 

amount of the bid has been determined 

to be adequate by the authorized officer. 

Any bid submitted which does not 

conform to the requirements of this 

Notice, the Act, and other applicable 

regulations may be returned to the 

bidder submitting that bid by the RD 

and not considered for acceptance. The 

Attorney General may also review the 

results of the lease sale prior to the 

acceptance of bids and issuance of 

leases. To ensure that the Government 

receives a fair return for the conveyance 

of lease rights for this lease sale, high 

bids will be evaluated in accordance 

with MMS bid adequacy procedures. A 

copy of current procedures, 

‘‘Modifications to the Bid Adequacy 

Procedures’’ at 64 FR 37560 on July 12, 

1999, can be obtained from MMS Gulf 

of Mexico Region Public Information 

Unit or via MMS Gulf of Mexico Region 

Internet Web site at: http:// 

www.gomr.mms.gov/homepg/lsesale/ 

bidadeq.html. 

Successful Bidders: As required by 

MMS, each company that has been 

awarded a lease must execute all copies 

of the lease (Form MMS–2005 (March 

1986) as amended), pay by EFT the 

balance of the bonus bid amount and 

the first year’s rental for each lease 

issued in accordance with the 

requirements of 30 CFR 218.155; and 

satisfy the bonding requirements of 30 

CFR 256, subpart I, as amended. 

Also, in accordance with regulations 

at 2 CFR Parts 180 and 1400, the lessee 

shall comply with the U.S. Department 

of the Interior’s nonprocurement 

debarment and suspension 

requirements, and agrees to 

communicate this requirement to 

comply with these regulations to 

persons with whom the lessee does 

business as it relates to this lease by 

including this term as a condition to 

enter into their contracts and other 

transactions. 

Affirmative Action: The MMS 

requests that, prior to bidding, Equal 

Opportunity Affirmative Action 

Representation Form MMS 2032 (June 

1985) and Equal Opportunity 

Compliance Report Certification Form 

MMS 2033 (June 1985) be on file in 

MMS Gulf of Mexico Region 

Adjudication Unit. This certification is 

required by 41 CFR Part 60 and 

Executive Order No. 11246 of 

September 24, 1965, as amended by 

Executive Order No. 11375 of October 

13, 1967. In any event, prior to the 

execution of any lease contract, both 

forms are required to be on file in MMS 

Gulf of Mexico Region Adjudication 

Unit. 

Geophysical Data and Information 

Statement: Pursuant to 30 CFR 251.12, 

MMS has a right to access geophysical 

data and information collected under a 

permit in the OCS. 

Every bidder submitting a bid on a 

block in Sale 210, or participating as a 

joint bidder in such a bid, must submit 

a Geophysical Data and Information 

Statement (GDIS) identifying any 

enhanced or reprocessed geophysical 

data and information generated or used 

as part of the decision to bid or 

participate in a bid on the block 

(including the use of Controlled Source 

Electromagnetics, Gravity, etc.). The 

data identified in the GDIS should 

clearly identify whether the data or 

mstockstill on DSKH9S0YB1PROD with NOTICES

34782 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

1The record is defined in sec. 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

information are multi-client 

(speculative) data sets available directly 

from geophysical contractors or 

exclusive (proprietary) data sets 

specially processed for or by bidders. 

In addition, the GDIS should clearly 

identify the data type (2–D or 3–D, prestack or post-stack and time or depth); 

areal extent (i.e., number of line miles 

for 2D or number of blocks for 3D) and 

migration algorithm (Wave Equation 

Migration, Reverse Time Migration, etc.) 

of the data and information. The 

statement must also include the name, 

phone number and full address of a 

contact person, and an alternate, who 

are both knowledgeable about the 

information and data listed and 

available for 30 days post-sale, the 

processing company, date processing 

was completed, owner of the original 

data set (who initially acquired the 

data), original data survey name and 

permit number. The MMS reserves the 

right to query about alternate data sets 

and to quality check and compare the 

listed and alternative data sets to 

determine which data set most closely 

meets the needs of the fair market value 

determination process. 

The statement must also identify each 

block upon which the bidder submitted 

a bid or participated as a partner in a 

bid, but for which it did not use 

enhanced or reprocessed pre- or poststack geophysical data and information 

as part of the decision to bid or to 

participate in the bid. The GDIS must be 

submitted, even if no enhanced 

geophysical data and information were 

used in bid preparation for the tract. 

In the event your company supplies 

any type of data to MMS, your company 

must meet the following requirements to 

get reimbursed: 

1. Your company must be registered 

with the Central Contractor Registration 

(CCR). The initial registration is valid 

for one year and must be updated 

annually thereafter. The Web site for 

registering is: http://www.ccr.gov. This 

is a requirement that was implemented 

on October 1, 2003, and requires all 

entities doing business with the 

Government to complete a business 

profile in the CCR. It must be updated 

annually. Payments are made 

electronically based on the information 

contained in the CCR. Therefore, if your 

company is not actively registered in the 

CCR, MMS will not be able to reimburse 

or pay your company for any data 

supplied. 

2. Your company must complete an 

on-line application for your 

Representations (Reps) and 

Certifications (Certs) at http:// 

orca.bpn.gov. ORCA (On-line 

Representations and Certifications 

Application) is an E-Government 

initiative. Even though your company 

may have never provided Reps and 

Certs previously, they are now 

mandated in order to do business with 

the Government or receive 

reimbursement. 

Please also refer to the Final NOS 210 

Package for more detail concerning 

submission of the GDIS, making the data 

available to MMS following the lease 

sale, preferred format, reimbursement 

for costs, and confidentiality. 

Force Majeure: The Regional Director 

of MMS Gulf of Mexico Region has the 

discretion to change any date, time, 

and/or location specified in the Final 

NOS 210 Package in case of a force 

majeure event which the Regional 

Director deems may interfere with the 

carrying out of a fair and proper lease 

sale process. Such events may include, 

but are not limited to, natural disasters 

(earthquakes, hurricanes, and floods), 

wars, riots, acts of terrorism, fire, 

strikes, civil disorder or other events of 

a similar nature. In case of such events, 

bidders should call (504) 736–0557 or 

access our Web site at: http:// 

www.gomr.mms.gov for information 

about any changes. 

Notice: On April 17, 2009, the U.S. 

Court of Appeals for the District of 

Columbia Circuit issued a ruling in 

Center for Biological Diversity v. 

Department of the Interior, Nos. 07– 

1247, 07–1344, vacating and remanding 

for the Secretary’s reconsideration the 

2007–2012 OCS Oil and Gas Leasing 

Program. On May 11, 2009, the 

Department of the Interior filed a 

petition for rehearing and/or 

clarification of the court’s order. The 

U.S. Court of Appeals for the DC Circuit 

is reviewing the Government’s petition. 

The decision to hold this sale will be 

subject to further proceedings in that 

case. In the event the Department 

determines that it is necessary to cancel 

the sale, the bid envelopes will be 

returned to bidders unopened. 

Dated: July 2, 2009. 

Walter D. Cruickshank, 

Acting Director, Minerals Management 

Service. 

[FR Doc. E9–16955 Filed 7–16–09; 8:45 am] 

BILLING CODE 4310–MR–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–464 and 731– 

TA–1160 (Preliminary)] 

Prestressed Concrete Steel Wire 

Strand From China 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

sections 703(a) and 733(a) of the Tariff 

Act of 1930 (19 U.S.C.1671b(a) and 

1673b(a)) (the Act), that there is a 

reasonable indication that an industry 

in the United States is threatened with 

material injury by reason of imports 

from China of prestressed concrete steel 

wire strand, provided for in subheading 

7312.10.30 of the Harmonized Tariff 

Schedule of the United States, that are 

alleged to be sold in the United States 

at less than fair value (LTFV) and 

subsidized by the Government of China. 

Pursuant to section 207.18 of the 

Commission’s rules, the Commission 

also gives notice of the commencement 

of the final phase of its investigations. 

The Commission will issue a final phase 

notice of scheduling, which will be 

published in the Federal Register as 

provided in section 207.21 of the 

Commission’s rules, upon notice from 

the Department of Commerce 

(Commerce) of affirmative preliminary 

determinations in the investigations 

under sections 703(b) or 733(b) of the 

Act, or, if the preliminary 

determinations are negative, upon 

notice of affirmative final 

determinations in those investigations 

under sections 705(a) or 735(a) of the 

Act. Parties that filed entries of 

appearance in the preliminary phase of 

the investigations need not enter a 

separate appearance for the final phase 

of the investigations. Industrial users, 

and, if the merchandise under 

investigation is sold at the retail level, 

representative consumer organizations 

have the right to appear as parties in 

Commission antidumping and 

countervailing duty investigations. The 

Secretary will prepare a public service 

list containing the names and addresses 

of all persons, or their representatives, 

who are parties to the investigations. 

Background 

On May 27, 2009, a petition was filed 

with the Commission and Commerce by 

counsel on behalf of American Spring 

Wire Corp. (‘‘American’’) (Bedford 

mstockstill on DSKH9S0YB1PROD with NOTICES