Agency Information Collection Activities: Proposed Collection, Comment Request, 9475-9478 [2014-03551]
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Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Notices
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications
and/or contract proposals and the
discussions could disclose confidential
trade secrets or commercial property
such as patentable material, and
personal information concerning
individuals associated with the grant
applications and/or contract proposals,
the disclosure of which would
constitute a clearly unwarranted
invasion of personal privacy.
EMCDONALD on DSK67QTVN1PROD with NOTICES
Name of Committee: National Advisory
Council on Minority Health and Health
Disparities.
Date: February 25, 2014.
Closed: 8:00 a.m. to 9:30 a.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health
National Institute on Minority Health and
Health Disparities, 6707 Democracy Blvd.,
Rm. 849, Bethesda, MD 20892.
Open: 9:30 a.m. to 5:00 p.m.
Agenda: The agenda will include opening
remarks, administrative matters, Director’s
Report, NIH Health Disparities update, and
other business of the Council.
Place: National Institutes of Health,
National Institute on Minority Health and
Health Disparities, 6707 Democracy Blvd.,
Rm. 849, Bethesda, MD 20892.
Contact Person: Donna Brooks, Executive
Officer, National Institutes of Health,
National Institute on Minority Health and
Heath Disparities, 6707 Democracy Blvd.,
Suite 800, Bethesda, MD 20892, (301) 435–
2135, brooksd@mail.nih.gov.
This notice is being published less
than 15 days prior to the meeting due
to the timing limitations imposed by the
review and funding cycle.
Any member of the public interested
in presenting oral comments to the
committee may notify the Contact
Person listed on this notice at least 10
days in advance of the meeting.
Interested individuals and
representatives of organizations may
submit a letter of intent, a brief
description of the organization
represented, and a short description of
the oral presentation. Only one
representative of an organization may be
allowed to present oral comments and if
accepted by the committee,
presentations may be limited to five
minutes. Both printed and electronic
copies are requested for the record. In
addition, any interested person may file
written comments with the committee
by forwarding their statement to the
Contact Person listed on this notice. The
statement should include the name,
address, telephone number and when
applicable, the business or professional
affiliation of the interested person.
In the interest of security, NIH has
instituted stringent procedures for
entrance onto the NIH campus. All
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visitor vehicles, including taxis, hotel,
and airport shuttles, will be inspected
before being allowed on campus.
Visitors will be asked to show one form
of identification (for example, a
government-issued photo ID, driver’s
license, or passport) and to state the
purpose of their visit.
Dated: February 12, 2014.
David Clary,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2014–03512 Filed 2–18–14; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Eunice Kennedy Shriver National
Institute of Child Health & Human
Development; Notice of Closed
Meetings
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Child Health and Human Development Initial
Review Group; Function, Integration, and
Rehabilitation Sciences Subcommittee.
Date: March 12, 2014.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Embassy Suites at the Chevy Chase
Pavilion, 4300 Military Road, NW,
Washington, DC 20015.
Contact Person: Joanna Kubler-Kielb,
Ph.D., Scientific Review Officer, Scientific
Review Branch, Eunice Kennedy Shriver
National Institute of Child Health and
Human Development, 6100 Executive
Boulevard, Room 5B01, Bethesda, MD
20892–7510, 301–435–6916,
kielbj@mail.nih.gov
Name of Committee: National Institute of
Child Health and Human Development Initial
Review Group; Pediatrics Subcommittee.
Date: March 13–14, 2014.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Doubletree Hotel Bethesda,
(Formerly Holiday Inn Select), 8120
Wisconsin Avenue, Bethesda, MD 20814.
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Contact Person: Rita Anand, Ph.D.,
Scientific Review Officer, Scientific Review
Branch, National Institute of Child Health
and Human Development, NIH, 6100
Executive Blvd. Room 5B01, Bethesda, MD
20892, (301) 496–1487,
anandr@mail.nih.gov.
Name of Committee: National Institute of
Child Health and Human Development Initial
Review Group; Population Sciences
Subcommittee.
Date: March 20–21, 2014.
Time: 8:00 a.m. to 6:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Residence Inn Bethesda, 7335
Wisconsin Avenue, Bethesda, MD 20814.
Contact Person: Carla T. Walls, Ph.D.,
Scientific Review Administratior, Scientific
Review Branch, National Institute of Child
Health and Human Development, NIH, 6100
Executive Blvd., Room 5B01, Bethesda, MD
20892, (301) 435–6898 wallsc@mail.nih.gov.
Name of Committee: National Institute of
Child Health and Human Development Initial
Review Group; Biobehavioral and Behavioral
Sciences Subcommittee.
Date: April 2–3, 2014.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Washington Plaza Hotel, 10 Thomas
Circle, NW., Washington, DC 20005.
Contact Person: Marita R. Hopmann, Ph.D.,
Scientific Review Officer, Division of
Scientific Review, Eunice Kennedy Shriver
National Institute of Child Health and
Human Development, NIH, 6100 Executive
Blvd., Room 5B01, Bethesda, MD 20892,
301–435–6911, hopmannm@mail.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.864, Population Research;
93.865, Research for Mothers and Children;
93.929, Center for Medical Rehabilitation
Research; 93.209, Contraception and
Infertility Loan Repayment Program, National
Institutes of Health, HHS)
Dated: February 12, 2014
Michelle Trout,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2014–03513 Filed 2–18–14; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0008; DS63610300
DR2PS0000.CH7000 134D0102R2]
Agency Information Collection
Activities: Proposed Collection,
Comment Request
Office of Natural Resources
Revenue (ONRR), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1012–
0006).
AGENCY:
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Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Notices
To comply with the
Paperwork Reduction Act of 1995
(PRA), ONRR is inviting comments on
the renewal of a collection of
information that we will submit to the
Office of Management and Budget
(OMB) for review and approval. This
ICR covers the paperwork requirements
in the regulations under 30 CFR part
1243.
DATES: Submit written comments on or
before April 21, 2014.
ADDRESSES: You may submit comments
on this ICR to ONRR by using one of the
following three methods: (Please use
‘‘ICR 1012–0006’’ as an identifier in
your comment).
1. Electronically go to https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ONRR–
2011–0008 and then click search.
Follow the instructions to submit public
comments. ONRR will post all
comments.
2. Mail comments to Mr. Luis Aguilar,
Regulatory Specialist, ONRR, P.O. Box
25165, MS 61030A, Denver, Colorado
80225–0165.
3. Hand-carry or mail comments,
using an overnight courier service, to
ONRR. Our courier address is Building
85, Room A–614, Denver Federal
Center, West 6th Ave. and Kipling St.,
Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT: For
questions on technical issues, contact
Ms. Kimberly Werner, Office of
Enforcement (OE), ONRR, telephone
(303) 231–3801 or email at
Kimberly.Werner@onrr.gov. For other
questions, contact Mr. Luis Aguilar,
telephone (303) 231–3418, or email at
Luis.Aguilar@onrr.gov. You may also
contact Mr. Aguilar to obtain copies
(free of charge) of (1) the ICR and (2) the
regulations that require the subject
collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 1243—Suspensions
Pending Appeal and Bonding—Office of
Natural Resources Revenue.
OMB Control Number: 1012–0006.
Bureau Form Numbers: Forms ONRR–
4435, ONRR–4436, and ONRR–4437.
Abstract: The Secretary of the Interior
is responsible for mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). The Secretary is required by
various laws to manage mineral
resource production from Federal and
Indian lands and the OCS, collect the
royalties and other mineral revenues
due, and distribute the funds collected
in accordance with applicable laws. The
Secretary also has a trust responsibility
to manage Indian lands and seek advice
and information from Indian
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SUMMARY:
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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. Public laws pertaining to
mineral revenues are on our Web site at
https://www.onrr.gov/Laws_R_D/
PubLaws/default.htm.
If ONRR determines that a lessee has
not properly reported or paid, 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’s
determination(s).
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 in accordance with 30 CFR
part 1290. Pending appeal, ONRR may
suspend the payment requirement if the
appellant submits a formal agreement of
payment in case of default such as a
bond or other surety; for Federal oil and
gas leases, the appellant may
demonstrate financial solvency. If the
Office of Hearings and Appeals grants a
lessee’s, or other recipient of a Notice of
Noncompliance or Civil Penalty Notice,
request to stay the accrual of civil
penalties under 30 CFR 1241.55(b)(2)
and 1241.63(b)(2), the lessee or other
recipient must post a bond or other
surety; for Federal oil and gas leases, the
appellant may demonstrate financial
solvency.
ONRR accepts the following surety
types: Form ONRR–4435,
Administrative Appeal Bond; Form
ONRR–4436, Letter of Credit; Form
ONRR–4437, Assignment of Certificate
of Deposit; Self-bonding; and U.S.
Treasury Securities.
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When one of the surety types is
selected and put in place, appellants
must maintain the surety until
completion of the appeal. If the appeal
is decided in favor of the appellant,
ONRR returns the surety to the
appellant. If the appeal is decided in
favor of ONRR, then we will take action
to collect the total amount due or draw
down on the surety. We draw down on
a surety if the appellant fails to comply
with requirements relating to amount
due, timeframe, or surety submission or
resubmission. Whenever ONRR must
draw down on a surety, we must draw
down the total amount due, which is
defined as unpaid principal plus the
interest accrued to the projected receipt
date of the surety payment. Appellants
may refer to the Surety Instrument
Posting Instructions, which are on our
Web site at https://www.onrr.gov/
compliance/appeals.htm.
Forms and Other Surety Types
Form ONRR–4435, Administrative
Appeal Bond
Appellants may file Form ONRR–
4435, Administrative Appeal Bond,
which ONRR uses to secure the
financial interests of the public and
Indian lessors during the entire
administrative and judicial appeal
process. Under 30 CFR 1243.4,
appellants are required to submit their
contact and surety amount information
on the bond to obtain the benefit of
suspension of an obligation to comply
with an order. The bond must be issued
by a qualified surety company that is
approved by the U.S. Department of the
Treasury (see Department of the
Treasury Circular No. 570, revised
periodically in the Federal Register).
The Director for ONRR or the delegated
bond-approving officer maintains these
bonds in a secure facility. After the
appeal has concluded, ONRR may
release and return the bond to the
appellant or collect payment on the
bond. If collection is necessary for a
remaining balance, ONRR will issue a
demand for payment to the surety
company with a notice to the appellant.
We will also include all interest accrued
on the affected receivable.
Form ONRR–4436, Letter of Credit
Appellants may choose to file Form
ONRR–4436, Letter of Credit, with no
modifications. Requirements at 30 CFR
1243.4 continue to apply. The Director
or the delegated bond-approving officer
maintains the Letter of Credit (LOC) in
a secure facility. The appellant is
responsible for verifying that the bank
provides a current Fitch rating to ONRR.
After the appeal has been concluded, we
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Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Notices
may release and return the LOC to the
appellant or collect payment on the
LOC. If collection is necessary for a
remaining balance, we will issue a
demand for payment, which includes all
interest assessed on the affected
receivable, to the bank with a notice to
the appellant.
Form ONRR–4437, Assignment of
Certificate of Deposit
Appellants may choose to secure a
debt by requesting to use a Certificate of
Deposit (CD) from a bank with the
required minimum rating and
submitting Form ONRR–4437,
Assignment of Certificate of Deposit.
Requirements at 30 CFR 1243.4
continue to apply. Appellants must file
the request with ONRR prior to the
invoice due date. We will accept a bookentry CD that explicitly assigns the CD
to the Director. If collection of the CD
is necessary for an unpaid balance, we
will return unused CD funds to the
appellant after total settlement of the
appealed issues, including applicable
interest charges.
Self-Bonding
For Federal oil and gas leases,
regulations at 30 CFR 1243.201 provide
that no surety instrument is required
when a person representing the
appellant periodically demonstrates, to
the satisfaction of ONRR, that the
guarantor or appellant is financially
solvent or otherwise able to pay the
obligation. Appellants must submit a
written request to ‘‘self-bond’’ every
time a new appeal is filed. To evaluate
the financial solvency and exemption
from requirements of appellants to
maintain a surety related to an appeal,
ONRR requires appellants to submit a
consolidated balance sheet, subject to
annual audit. In some cases, we also
require copies of the most recent tax
returns (up to 3 years) filed by
appellants.
In addition, appellants must annually
submit financial statements, subject to
annual audit, to support their net worth.
ONRR uses the consolidated balance
sheet or business information supplied
to evaluate the financial solvency of a
lessee, designee, or payor seeking a stay
of payment obligation pending review.
If appellants do not have a consolidated
balance sheet documenting their net
worth or if they do not meet the $300
million net worth requirement, ONRR
selects a business information or credit
reporting service to provide information
concerning an appellant’s financial
solvency. ONRR charges the appellant a
$50 fee each time we need to review
data from a business information or
credit reporting service. The fee covers
our costs in determining an appellant’s
financial solvency.
U.S. Treasury Securities
Appellants may choose to secure their
debts by requesting to use a U.S.
Treasury Security (TS). Appellants must
9477
file the letter of request with ONRR
prior to the invoice due date. The TS
must be a U.S. Treasury note or bond
with maturity equal to or greater than 1
year. The TS must equal 120 percent of
the appealed amount plus 1 year of
estimated interest (necessary to protect
ONRR against interest rate fluctuations).
ONRR only accepts book-entry TS.
Request to OMB
We are requesting OMB’s approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge
fiduciary duties and also may result in
loss of royalty and other payments.
Proprietary information submitted to
ONRR under this collection is protected,
and no items of a sensitive nature are
collected. A response is mandatory in
order 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.
The following chart shows the
estimated annual burden hours by CFR
section and paragraph. We have not
included in our estimates certain
requirements performed in the normal
course of business and considered usual
and customary.
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation
30 CFR
part 1243
Reporting and recordkeeping
requirement
Hour burden
1243.4(a)(1); .....................
1243.6; ..............................
1243.7(a); ..........................
1243.8(a)(2) and (b)(2); ....
1243.101(b); ......................
1243.202(c) .......................
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 * * *.
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 bondapproving 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 .............................
40 (surety instruments:
Forms ONRR–4435,
ONRR–4436, ONRR–
4437, or TS).
80
2 hours .............................
65 self-bonding submissions.
130
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1243.200(a) and (b); .........
1243.201 ...........................
(c)(1), ................................
(c)(2)(i) and .......................
(c)(2)(ii) .............................
and (d)(2) ..........................
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Average number of annual
responses
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Annual
burden
hours
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Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation
30 CFR
part 1243
EMCDONALD on DSK67QTVN1PROD with NOTICES
TOTAL BURDEN .......
Reporting and recordkeeping
requirement
Hour burden
Average number of annual
responses
................................................................
...........................................
105 ....................................
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: There are no additional
recordkeeping costs associated with this
information collection. However, ONRR
estimates 5 appellants per year will pay
a $50 fee to obtain credit data from a
business information or credit reporting
service, which is a total ‘‘non-hour’’ cost
burden of $250 per year (5 appellants
per year × $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: Before submitting an ICR
to OMB, PRA section 3506(c)(2)(A)
requires each agency to ‘‘. . . provide
60-day notice in the Federal Register
. . . and otherwise consult with
members of the public and affected
agencies concerning each proposed
collection of information. . . .’’
Agencies must specifically solicit
comments to: (1) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (2) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (3) enhance the quality,
usefulness, and clarity of the
information to be collected; and (4)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
The PRA also requires agencies to
estimate the total annual reporting
‘‘non-hour cost’’ burden to respondents
or recordkeepers resulting from the
collection of information. If you have
costs to generate, maintain, and disclose
this information, you should comment
and provide your total capital and
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods you use to
estimate major cost factors, including
system and technology acquisition,
expected useful life of capital
equipment, discount rate(s), and the
period over which you incur costs.
Capital and startup costs include,
among other items, computers and
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burden
hours
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software you purchase to prepare for
collecting information; monitoring,
sampling, and testing equipment; and
record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
1, 1995; (ii) to comply with
requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Government; or (iv)
as part of customary and usual business
or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. We also will post the ICR
on our Web site at https://www.onrr.gov/
Laws_R_D/FRNotices/ICR0122.htm.
Public Comment Policy: ONRR will
post all comments, including names and
addresses of respondents at https://
www.regulations.gov. Before including
Personally Identifiable Information (PII),
such as address, phone number, email
address, or other personal information
in your comment(s), you should be
aware that your entire comment
(including PII) may be made available to
the public at any time. While you may
ask us, in your comment, to withhold
PII from public view, we cannot
guarantee that we will be able to do so.
Information Collection Clearance
Officer: David Alspach (202) 219–8526.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2014–03551 Filed 2–18–14; 8:45 am]
BILLING CODE 4310–T2–P
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210
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–800]
Certain Wireless Devices With 3G
Capabilities and Components Thereof
Commission Determination To Grant
an Unopposed Motion by
Complainants To Withdraw the
Complaint as to the Remaining
Respondents; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to grant an
unopposed motion by complainants to
withdraw the investigation as to the
following remaining respondents: LG
Electronics, Inc. of Seoul, Republic of
Korea; LG Electronics U.S.A., Inc. of
Englewood Cliffs, New Jersey; and LG
Electronics Mobilecomm U.S.A., Inc. of
San Diego, California (collectively,
‘‘LG’’). The investigation is terminated
in its entirety.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3042. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on August 31, 2011, based on a
complaint filed by InterDigital
Communications, LLC of King of
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Notices]
[Pages 9475-9478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03551]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0008; DS63610300 DR2PS0000.CH7000 134D0102R2]
Agency Information Collection Activities: Proposed Collection,
Comment Request
AGENCY: Office of Natural Resources Revenue (ONRR), Interior.
ACTION: Notice of an extension of a currently approved information
collection (OMB Control Number 1012-0006).
-----------------------------------------------------------------------
[[Page 9476]]
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), ONRR
is inviting comments on the renewal of a collection of information that
we will submit to the Office of Management and Budget (OMB) for review
and approval. This ICR covers the paperwork requirements in the
regulations under 30 CFR part 1243.
DATES: Submit written comments on or before April 21, 2014.
ADDRESSES: You may submit comments on this ICR to ONRR by using one of
the following three methods: (Please use ``ICR 1012-0006'' as an
identifier in your comment).
1. Electronically go to https://www.regulations.gov. In the entry
titled ``Enter Keyword or ID,'' enter ONRR-2011-0008 and then click
search. Follow the instructions to submit public comments. ONRR will
post all comments.
2. Mail comments to Mr. Luis Aguilar, Regulatory Specialist, ONRR,
P.O. Box 25165, MS 61030A, Denver, Colorado 80225-0165.
3. Hand-carry or mail comments, using an overnight courier service,
to ONRR. Our courier address is Building 85, Room A-614, Denver Federal
Center, West 6th Ave. and Kipling St., Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT: For questions on technical issues,
contact Ms. Kimberly Werner, Office of Enforcement (OE), ONRR,
telephone (303) 231-3801 or email at Kimberly.Werner@onrr.gov. For
other questions, contact Mr. Luis Aguilar, telephone (303) 231-3418, or
email at Luis.Aguilar@onrr.gov. You may also contact Mr. Aguilar to
obtain copies (free of charge) of (1) the ICR and (2) the regulations
that require the subject collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 1243--Suspensions Pending Appeal and Bonding--
Office of Natural Resources Revenue.
OMB Control Number: 1012-0006.
Bureau Form Numbers: Forms ONRR-4435, ONRR-4436, and ONRR-4437.
Abstract: The Secretary of the Interior is responsible for mineral
resource development on Federal and Indian lands and the Outer
Continental Shelf (OCS). The Secretary is required by various laws to
manage mineral resource production from Federal and Indian lands and
the OCS, collect the royalties and other mineral revenues due, and
distribute the funds collected in accordance with applicable laws. The
Secretary also has a trust responsibility to manage Indian lands and
seek advice and information 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. Public laws pertaining to mineral revenues are on our Web
site at https://www.onrr.gov/Laws_R_D/PubLaws/default.htm.
If ONRR determines that a lessee has not properly reported or paid,
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's determination(s).
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 in
accordance with 30 CFR part 1290. Pending appeal, ONRR may suspend the
payment requirement if the appellant submits a formal agreement of
payment in case of default such as a bond or other surety; for Federal
oil and gas leases, the appellant may demonstrate financial solvency.
If the Office of Hearings and Appeals grants a lessee's, or other
recipient of a Notice of Noncompliance or Civil Penalty Notice, request
to stay the accrual of civil penalties under 30 CFR 1241.55(b)(2) and
1241.63(b)(2), the lessee or other recipient must post a bond or other
surety; for Federal oil and gas leases, the appellant may demonstrate
financial solvency.
ONRR accepts the following surety types: Form ONRR-4435,
Administrative Appeal Bond; Form ONRR-4436, Letter of Credit; Form
ONRR-4437, Assignment of Certificate of Deposit; Self-bonding; and U.S.
Treasury Securities.
When one of the surety types is selected and put in place,
appellants must maintain the surety until completion of the appeal. If
the appeal is decided in favor of the appellant, ONRR returns the
surety to the appellant. If the appeal is decided in favor of ONRR,
then we will take action to collect the total amount due or draw down
on the surety. We draw down on a surety if the appellant fails to
comply with requirements relating to amount due, timeframe, or surety
submission or resubmission. Whenever ONRR must draw down on a surety,
we must draw down the total amount due, which is defined as unpaid
principal plus the interest accrued to the projected receipt date of
the surety payment. Appellants may refer to the Surety Instrument
Posting Instructions, which are on our Web site at https://www.onrr.gov/compliance/appeals.htm.
Forms and Other Surety Types
Form ONRR-4435, Administrative Appeal Bond
Appellants may file Form ONRR-4435, Administrative Appeal Bond,
which ONRR uses to secure the financial interests of the public and
Indian lessors during the entire administrative and judicial appeal
process. Under 30 CFR 1243.4, appellants are required to submit their
contact and surety amount information on the bond to obtain the benefit
of suspension of an obligation to comply with an order. The bond must
be issued by a qualified surety company that is approved by the U.S.
Department of the Treasury (see Department of the Treasury Circular No.
570, revised periodically in the Federal Register). The Director for
ONRR or the delegated bond-approving officer maintains these bonds in a
secure facility. After the appeal has concluded, ONRR may release and
return the bond to the appellant or collect payment on the bond. If
collection is necessary for a remaining balance, ONRR will issue a
demand for payment to the surety company with a notice to the
appellant. We will also include all interest accrued on the affected
receivable.
Form ONRR-4436, Letter of Credit
Appellants may choose to file Form ONRR-4436, Letter of Credit,
with no modifications. Requirements at 30 CFR 1243.4 continue to apply.
The Director or the delegated bond-approving officer maintains the
Letter of Credit (LOC) in a secure facility. The appellant is
responsible for verifying that the bank provides a current Fitch rating
to ONRR. After the appeal has been concluded, we
[[Page 9477]]
may release and return the LOC to the appellant or collect payment on
the LOC. If collection is necessary for a remaining balance, we will
issue a demand for payment, which includes all interest assessed on the
affected receivable, to the bank with a notice to the appellant.
Form ONRR-4437, Assignment of Certificate of Deposit
Appellants may choose to secure a debt by requesting to use a
Certificate of Deposit (CD) from a bank with the required minimum
rating and submitting Form ONRR-4437, Assignment of Certificate of
Deposit. Requirements at 30 CFR 1243.4 continue to apply. Appellants
must file the request with ONRR prior to the invoice due date. We will
accept a book-entry CD that explicitly assigns the CD to the Director.
If collection of the CD is necessary for an unpaid balance, we will
return unused CD funds to the appellant after total settlement of the
appealed issues, including applicable interest charges.
Self-Bonding
For Federal oil and gas leases, regulations at 30 CFR 1243.201
provide that no surety instrument is required when a person
representing the appellant periodically demonstrates, to the
satisfaction of ONRR, that the guarantor or appellant is financially
solvent or otherwise able to pay the obligation. Appellants must submit
a written request to ``self-bond'' every time a new appeal is filed. To
evaluate the financial solvency and exemption from requirements of
appellants to maintain a surety related to an appeal, ONRR requires
appellants to submit a consolidated balance sheet, subject to annual
audit. In some cases, we also require copies of the most recent tax
returns (up to 3 years) filed by appellants.
In addition, appellants must annually submit financial statements,
subject to annual audit, to support their net worth. ONRR uses the
consolidated balance sheet or business information supplied to evaluate
the financial solvency of a lessee, designee, or payor seeking a stay
of payment obligation pending review. If appellants do not have a
consolidated balance sheet documenting their net worth or if they do
not meet the $300 million net worth requirement, ONRR selects a
business information or credit reporting service to provide information
concerning an appellant's financial solvency. ONRR charges the
appellant a $50 fee each time we need to review data from a business
information or credit reporting service. The fee covers our costs in
determining an appellant's financial solvency.
U.S. Treasury Securities
Appellants may choose to secure their debts by requesting to use a
U.S. Treasury Security (TS). Appellants must file the letter of request
with ONRR prior to the invoice due date. The TS must be a U.S. Treasury
note or bond with maturity equal to or greater than 1 year. The TS must
equal 120 percent of the appealed amount plus 1 year of estimated
interest (necessary to protect ONRR against interest rate
fluctuations). ONRR only accepts book-entry TS.
Request to OMB
We are requesting OMB's approval to continue to collect this
information. Not collecting this information would limit the
Secretary's ability to discharge fiduciary duties and also may result
in loss of royalty and other payments.
Proprietary information submitted to ONRR under this collection is
protected, and no items of a sensitive nature are collected. A response
is mandatory in order 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.
The following chart shows the estimated annual burden hours by CFR
section and paragraph. We have not included in our estimates certain
requirements performed in the normal course of business and considered
usual and customary.
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Reporting and
Citation 30 CFR part 1243 recordkeeping Hour burden Average number of Annual burden
requirement annual responses hours
----------------------------------------------------------------------------------------------------------------
1243.4(a)(1);.................... How do I suspend 2 hours............ 40 (surety 80
1243.6;.......................... compliance with an instruments: Forms
1243.7(a);....................... order? ONRR-4435, ONRR-
1243.8(a)(2) and (b)(2);......... (a) If you timely 4436, ONRR-4437,
1243.101(b);..................... appeal an order, or TS).
1243.202(c)...................... and if that order
or portion of that
order: (1)
Requires you to
make a payment,
and you want to
suspend compliance
with that order,
you must post a
bond or other
surety instrument
or demonstrate
financial solvency
* * *.
1243.200(a) and (b);............. How do I 2 hours............ 65 self-bonding 130
1243.201......................... demonstrate submissions.
(c)(1),.......................... financial
(c)(2)(i) and.................... solvency?
(c)(2)(ii)....................... (a) To demonstrate
and (d)(2)....................... 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 * * *.
------------------------------------
[[Page 9478]]
TOTAL BURDEN................. ................... ................... 105................ 210
----------------------------------------------------------------------------------------------------------------
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: There are no additional recordkeeping costs associated with
this information collection. However, ONRR estimates 5 appellants per
year will pay a $50 fee to obtain credit data from a business
information or credit reporting service, which is a total ``non-hour''
cost burden of $250 per year (5 appellants per year x $50 = $250).
Public Disclosure Statement: The PRA (44 U.S.C. 3501 et seq.)
provides that an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
Comments: Before submitting an ICR to OMB, PRA section
3506(c)(2)(A) requires each agency to ``. . . provide 60-day notice in
the Federal Register . . . and otherwise consult with members of the
public and affected agencies concerning each proposed collection of
information. . . .'' Agencies must specifically solicit comments to:
(1) Evaluate whether the proposed collection of information is
necessary for the agency to perform its duties, including whether the
information is useful; (2) evaluate the accuracy of the agency's
estimate of the burden of the proposed collection of information; (3)
enhance the quality, usefulness, and clarity of the information to be
collected; and (4) minimize the burden on the respondents, including
the use of automated collection techniques or other forms of
information technology.
The PRA also requires agencies to estimate the total annual
reporting ``non-hour cost'' burden to respondents or recordkeepers
resulting from the collection of information. If you have costs to
generate, maintain, and disclose this information, you should comment
and provide your total capital and startup cost components or annual
operation, maintenance, and purchase of service components. You should
describe the methods you use to estimate major cost factors, including
system and technology acquisition, expected useful life of capital
equipment, discount rate(s), and the period over which you incur costs.
Capital and startup costs include, among other items, computers and
software you purchase to prepare for collecting information;
monitoring, sampling, and testing equipment; and record storage
facilities. Generally, your estimates should not include equipment or
services purchased: (i) Before October 1, 1995; (ii) to comply with
requirements not associated with the information collection; (iii) for
reasons other than to provide information or keep records for the
Government; or (iv) as part of customary and usual business or private
practices.
We will summarize written responses to this notice and address them
in our ICR submission for OMB approval, including appropriate
adjustments to the estimated burden. We will provide a copy of the ICR
to you without charge upon request. We also will post the ICR on our
Web site at https://www.onrr.gov/Laws_R_D/FRNotices/ICR0122.htm.
Public Comment Policy: ONRR will post all comments, including names
and addresses of respondents at https://www.regulations.gov. Before
including Personally Identifiable Information (PII), such as address,
phone number, email address, or other personal information in your
comment(s), you should be aware that your entire comment (including
PII) may be made available to the public at any time. While you may ask
us, in your comment, to withhold PII from public view, we cannot
guarantee that we will be able to do so.
Information Collection Clearance Officer: David Alspach (202) 219-
8526.
Gregory J. Gould,
Director, Office of Natural Resources Revenue.
[FR Doc. 2014-03551 Filed 2-18-14; 8:45 am]
BILLING CODE 4310-T2-P
