Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Suspensions Pending Appeal and Bonding, 60034-60038 [2017-27204]
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daltland on DSKBBV9HB2PROD with NOTICES
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Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
native water plants located in areas
where the swale can be expanded to
help slow and filter stormwater runoff
before it reaches the Eastern Branch of
the Elizabeth River. Though stormwater
parks will be designed to maximize
storage, they can also be educational
and created in a way that serves as a
destination for Norfolk residents by
providing premier opportunities for
outdoor sports, play, and fitness for
citizens of all ages.
Alternatives to the Proposed Action:
Consistent with the Council on
Environmental Quality regulations (40
CFR 1502.14) implementing NEPA, the
EIS will examine a range of reasonable
alternatives to the proposed project that
are potentially feasible. As required by
NEPA, the alternatives will be evaluated
at the same level of detail as the
proposed project. As a result of the
scoping efforts to date, the alternatives
currently proposed for evaluation in the
EIS include:
(1) No Project/Action Alternative.
This required alternative would
evaluate the environmental impacts if
the proposed project were not
constructed and existing conditions
remain unchanged.
(2) Preferred Alternative. The
alternative attaining the most objectives
of the project that can be accomplished
while also substantially lessening
significant environmental effects.
(3) Two other alternatives (to be
identified) based on input received
during the scoping process and feasible
project alternatives that avoid or
minimize significant environmental
effects.
Probable Environmental Effects: The
following topics have been identified for
analysis in the EIS for probable
environmental effects: coastal zone
management, contamination and toxic
substances, floodplain management,
historic preservation, noise abatement
and control, wetlands protection,
environmental justice, hazards and
nuisances (site safety and noise),
vibration, and transportation and
accessibility.
Lead Agency: For purposes of
complying with NEPA and in
accordance with HUD regulations at 24
CFR part 58, the Commonwealth of
Virginia, acting through the Virginia
Department of Housing and Community
Development, is the Lead Agency and
Responsible Entity assuming
environmental responsibility for the
Ohio Creek Watershed Project.
Questions may be directed to the
individual named in this notice under
the heading FOR FURTHER INFORMATION
CONTACT.
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Dated: December 12, 2017.
Neal J. Rackleff,
Assistant Secretary.
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
[FR Doc. 2017–27194 Filed 12–15–17; 8:45 am]
and continuing collections of
BILLING CODE 4210–67–P
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
DEPARTMENT OF THE INTERIOR
reporting burden. It also helps the
public understand our information
Office of Natural Resources Revenue
collection requirements and provide the
[Docket No. ONRR–2011–0008; DS63644000 requested data in the desired format.
DR2000000.CH7000 189D0102R2; OMB
We published a notice, with a 60-day
Control Number 1012–0006]
public comment period soliciting
comments on this collection of
Agency Information Collection
information, in the Federal Register on
Activities: Submission to the Office of
June 19, 2017 (82 FR 27868). We
Management and Budget for Review
received the following comments in
and Approval; Suspensions Pending
response to the notice: ‘‘We respectfully
Appeal and Bonding
offer the following scenario on this
AGENCY: Office of Natural Resources
process from start to finish: (1) Upon
Revenue, Interior.
demand letter from the ONRR,
ACTION: Notice of extension.
Fieldwood Energy responds with
correspondence requesting the ONRR
SUMMARY: To comply with the
accept Area-Wide Bonds currently filed
Paperwork Reduction Act of 1995
with the BOEM for our various entities,
(PRA), we, the Office of Natural
which incidentally total excess of $23
Resources Revenue (ONRR), are
million, to secure the nominal
proposing to renew an information
Administrative Appeals in lieu of
collection.
separate specific Appeal bonds. It
should be noted that none of the
DATES: Interested persons are invited to
monetary demands from ONRR have
submit comments on or before January
come close to exceeding $1 million; (2)
17, 2018 for the assurance of
In the event, the use of and Area-Wide
consideration.
bond is rejected by ONRR, Fieldwood
ADDRESSES: You may submit your
then must approach the commercial
written comments on this ICR to the
surety market to negotiate terms with
Office of Management and Budget’s
prospective sureties for the amount
Desk Officer for the Department of the
Interior by email to OIRA_Submission@ required by ONRR—this may entail the
production of recent financial
omb.eop.gov: or via facsimile to (202)
information as well as operational plans
395–5806. Please also mail a copy of
on Fieldwood leading up to several calls
your comments to Mr. Luis Aguilar,
and discussions with the surety. This
Regulatory Specialist, P.O. Box 25165,
may also require the establishment of
MS 64400, Denver, Colorado 80225–
new relationships with sureties who do
0165, or by email to luis.aguilar@
not know our company—all of which is
onrr.gov. Please reference ‘‘OMB Control
time consuming and not done overnight;
Number 1012–0006’’ in your comments.
and (3) Ultimately, Fieldwood obtains a
FOR FURTHER INFORMATION CONTACT: For
surety bond and files it with your office.
questions on technical issues, contact
So, it is quite customary for this process
Ms. Kimberly Werner, Office of
to take days and not several hours of our
Enforcement and Appeals (OEA),
staff’s time.
ONRR, at (303) 231–3801 or email to
‘‘The two burden hours for the
kimberly.werner@onrr.gov. For other
majority of the typical requests received
questions, contact Mr. Luis Aguilar, at
are adequate. On some occasions, we
(303) 231–3418, or email to
might have to have a little more internal
luis.aguilar@onrr.gov. You may also
dialogue or research if we do not have
contact Mr. Aguilar, at no cost, of (1) the all the information for the appeal
ICR, (2) any associated forms, and (3)
upfront. Generally, those requests fall in
the regulations that require us to collect the 2–4 hour burden. For the most part,
the information. You may view the ICR
however, 2 hours is generally the
at https://www.reginfo.gov/public/do/
amount of burden hours needed. There
PRAMain and select ‘‘Information
again, for clarification, this is the
Collection Review,’’ then select
internal burden time for our staff. It
‘‘Department of the Interior’’ in the
would take generally 48–72 hours for
drop-down box under ‘‘Currently Under our surety to turn around the request.
Review.’’
‘‘For WPX who has an existing surety
bond line, 2 hours are probably
SUPPLEMENTARY INFORMATION: In
sufficient labor hours. However, for
accordance with the Paperwork
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Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
companies that do not have bond line or
have used up their capacity, the amount
of time spent securing the security bond
could take much longer.’’
Once again, we are soliciting
comments on this ICR that is described
below. We are especially interested in
public comment addressing the
following issues: (1) Is the collection
necessary to the proper functions of
ONRR; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of the burden
accurate; (4) how might ONRR enhance
the quality, usefulness, and clarity of
the information collected; and (5) how
might ONRR minimize the burden of
this collection on the respondents,
including through the use of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
Personally Identifiable Information (PII),
such as your address, phone number,
email address, or other personal
identifying information, in your
comment(s), you should be aware that
your entire comment—including PII—
may be made available to the public at
any time. While you may ask us, in your
comment, to withhold your PII from
public view, we cannot guarantee that
we will be able to do so.
Abstract: The Secretary of the United
States Department of the Interior is
responsible for collecting royalties from
lessees who produce minerals from
leased Federal and Indian lands and the
Outer Continental Shelf (OCS). Under
various laws, the Secretary’s
responsibilities are to manage mineral
resources production from Federal and
Indian lands and the OCS, collect the
royalties and other mineral revenues
due, and distribute the funds collected.
The Secretary also has a trust
responsibility to manage Indian lands
and seek advice and input from Indian
beneficiaries. ONRR performs the
royalty management functions and
assists the Secretary in carrying out the
Department’s responsibility for Indian
lands. We have posted those laws
pertaining to mineral leases on Federal
and Indian lands and the OCS at https://
onrr.gov/Laws_R_D/PubLaws/
default.htm.
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I. General Information
If ONRR determines that a lessee has
not properly reported or paid royalties
and other mineral revenues, we may
issue an order to pay additional
royalties, a Notice of Noncompliance, or
a Civil Penalty Notice requiring correct
reporting or payment. Lessees then have
a right to appeal ONRR determinations.
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Implementing regulations at 30 CFR
part 1243 govern the suspension of
orders or decisions and to stay the
accrual of civil penalties (if the Office of
Hearings and Appeals grants a lessee’s
petition to stay accrual of civil
penalties), pending administrative
appeal for Federal leases. These
regulations require an appellant to
submit information demonstrating
financial solvency in lieu of providing
a surety. For those appellants who are
not financially solvent or for appeals
involving Indian leases, ONRR requires
appellants to post a surety instrument to
secure the financial interest of the
public and Indian lessors during the
entire administrative or judicial appeal
process. This ICR covers the burden
hours that appellants incur when
submitting the financial statements or
surety instruments, subject to annual
audit, that are required to stay an ONRR
order, decision, or accrual of civil
penalties.
II. Information Collections
Title 30 CFR 1243.1 states that lessees
or recipients of ONRR orders may
suspend compliance with an order if
they appeal under 30 CFR part 1290.
Pending appeal, ONRR may suspend the
payment requirement if the appellant
submits a formal agreement of payment
in case of default such as a bond or
other surety; for Federal oil and gas
leases, the appellant may demonstrate
financial solvency. If the Office of
Hearings and Appeals grants a lessee’s,
or other recipient of a Notice of
Noncompliance or Civil Penalty Notice,
request to stay the accrual of civil
penalties under 30 CFR 1241.55(b)(2)
and 1241.63(b)(2), the lessee or other
recipient must post a bond or other
surety, or for Federal oil and gas leases,
demonstrate financial solvency.
ONRR accepts the following surety
types: form ONRR–4435, Administrative
Appeal Bond; form ONRR–4436, Letter
of Credit; form ONRR–4437, Assignment
of Certificate of Deposit; Self-bonding;
and U.S. Treasury Securities.
When an appellant selects and puts
one of the surety types in place, the
appellant must maintain the surety until
completion of the appeal. If the appeal
is decided in favor of the appellant,
ONRR returns the surety to the
appellant. If the appeal is decided in
favor of ONRR, then we will take action
to collect the total amount due or draw
down on the surety. We draw down on
a surety if the appellant fails to comply
with requirements relating to the
amount due, timeframe, or surety
submission or resubmission. Whenever
ONRR must draw down on a surety, we
must draw down the total amount due,
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which is defined as unpaid principal
plus the interest accrued to the
projected receipt date of the surety
payment. Appellants may refer to the
Surety Instrument Posting Instructions,
which are at 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 must submit their contact
and surety amount information on the
bond to obtain the benefit of suspension
of an obligation to comply with an
order. A surety company that the U.S.
Department of the Treasury approves
(see Department of the Treasury Circular
No. 570, as revised periodically in the
Federal Register) must issue the bond.
The ONRR Director or the ONRRdelegated bond-approving officer
maintains these bonds in a secure
facility. After the appeal has concluded,
ONRR may release and return the bond
to the appellant or collect payment on
the bond. If collection is necessary for
a remaining balance, ONRR will issue a
demand for payment to the surety
company with a notice to the appellant.
We also will include all interest accrued
on the affected bill.
Form ONRR–4436 [Letter of Credit]
Appellants may choose to file form
ONRR–4436, Letter of Credit (LOC),
with no modifications. Requirements at
30 CFR 1243.4 continues to apply. The
ONRR Director or the ONRR-delegated
bond-approving officer maintains the
LOC in a secure facility.
The appellant is responsible for
verifying that the bank provides a
current Fitch rating to ONRR. After the
appeal has been concluded, ONRR may
release and return the LOC to the
appellant or collect payment on the
LOC. If collection is necessary for a
remaining balance, we will issue a
demand for payment, which includes all
interest assessed on the affected bill, to
the bank with a notice to the appellant.
Form ONRR–4437 [Assignment of
Certificate of Deposit]
Appellants may choose to secure a
debt using a Certificate of Deposit (CD)
from a bank with the required minimum
Fitch rating and by submitting form
ONRR–4437, Assignment of Certificate
of Deposit. Appellants must file the
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request with ONRR prior to the invoice
due date. We will accept a book-entry
CD that explicitly assigns the CD to the
Director. If collection of the CD is
necessary for an unpaid balance, we
will return unused CD funds to the
appellant after total settlement of the
appealed issues including applicable
interest charges.
Self-Bonding
For Federal oil and gas leases,
regulations at 30 CFR 1243.201 provides
that no surety instrument is required
when a person representing the
appellant periodically demonstrates to
the satisfaction of ONRR, that the
guarantor or appellant is financially
solvent or otherwise able to pay the
obligation. Appellants must submit a
written request to ‘‘self-bond’’ every
time a new appeal is filed. To evaluate
the financial solvency and exemption
from requirements of appellants to
maintain a surety related to an appeal,
ONRR requires appellants to submit a
consolidated balance sheet subject to
annual audit. In some cases, we also
require copies of the most recent tax
returns (up to 3 years) that appellants
file.
In addition, appellants must annually
submit financial statements, subject to
audit, to support their net worth. ONRR
uses the consolidated balance sheet or
business information supplied to
evaluate the financial solvency of a
lessee, designee, or payor seeking a stay
of payment obligation pending review.
If appellants do not have a consolidated
balance sheet documenting their net
worth or if they do not meet the $300
million net worth requirement, ONRR
selects a business information or credit
reporting service to provide information
concerning an appellant’s financial
solvency. We charge the appellant a $50
fee each time we need to review data
from a business information or credit
reporting service. The fee covers our
costs in determining an appellant’s
financial solvency.
U.S. Treasury Securities
Appellants may choose to secure their
debts by requesting to use a U.S.
Treasury Security (TS). Appellants must
file the letter of request with ONRR
prior to the invoice due date. The TS
must be a U.S. Treasury note or bond
with maturity equal to or greater than 1
year. The TS must equal 120 percent of
the appealed amount plus 1 year of
estimated interest (necessary to protect
ONRR against interest rate fluctuations).
ONRR only accepts a book-entry TS.
III. OMB Approval
The information we collect under this
ICR is essential in order to require
response from appellants to suspend
compliance with an order pending
appeal.
We are requesting OMB’s approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge
fiduciary duties and also may result in
loss of royalty and other payments.
ONRR protects the proprietary
information received and does not
collect items of a sensitive nature in this
ICR.
IV. Data
Title: Suspensions Pending Appeal
and Bonding, 30 CFR part 1243.
OMB Control Number: 1012–0006.
Bureau Form Numbers: ONRR–4435,
ONRR–4436, and ONRR–4437.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Businesses.
Total Estimated Number of Annual
Respondents: 105 Federal or Indian
appellants.
Total Estimated Number of Annual
Responses: 105.
Estimated Completion Time per
Response: 2 hours.
Total Estimated Number of Annual
Burden Hours: 210 hours.
Respondent’s Obligation: Mandatory.
Frequency of Collection: Annually
and on occasion.
Total Estimated Annual Nonhour
Burden Cost: There are no additional
recordkeeping costs associated with this
ICR. However, ONRR estimates that five
appellants per year will pay a $50 fee
to obtain credit data from a business
information or credit reporting service,
which is a total ‘‘non-hour’’ cost burden
of $250 per year (5 appellants per year
× $50 = $250).
We have not included in our
estimates certain requirements
performed in the normal course of
business that are considered usual and
customary. The following table shows
the estimated burden hours by CFR
section and paragraph:
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Reporting and recordkeeping requirement
Hour burden
Average number of
annual responses
1243.4(a)(1) ...................
How do I suspend compliance with an order? ...............
(a) If you timely appeal an order, and if that order or
portion of that order: (1) Requires you to make a
payment, and you want to suspend compliance with
that order, you must post a bond or other surety instrument or demonstrate financial solvency * * *
2
........................
40 ...................................
(Forms ONRR–4435,
ONRR–4436, ONRR–
4437; or TS).
1243.6 ............................
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Citation 30 CFR
part 1243
When must I or another person meet the bonding or financial solvency requirements under this part?
If you must meet the bonding or financial solvency requirements under § 1243.4(a)(1), or if another person
is meeting your bonding or financial solvency requirements, then either you or the other person must
post a bond or other surety instrument or demonstrate financial solvency within 60 days after you
receive the order or the Notice of Order.
Burden hours covered under § 1243.4(a)(1).
1243.7(a) ........................
What must a person do when posting a bond or other
surety instrument or demonstrating financial solvency
on behalf of an appellant?
Burden hours covered under § 1243.4(a)(1).
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Annual
burden hours
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Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
60037
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Citation 30 CFR
part 1243
Reporting and recordkeeping requirement
Average number of
annual responses
Hour burden
Annual
burden hours
If you assume an appellant’s responsibility to post a
bond or other surety instrument or demonstrate financial solvency * * * (a) Must notify ONRR in writing * * * that you are assuming the appellant’s responsibility * * *
1243.8(a)(2) and (b)(2) ..
When will ONRR suspend my obligation to comply with
an order?
(a) Federal leases. * * * (2) If the amount under appeal is $10,000 or more, ONRR will suspend your
obligation to comply with that order if you:
(i) Submit an ONRR-specified surety instrument under
subpart B of this part within a time period ONRR prescribes; or
(ii) Demonstrate financial solvency under subpart C.
(b) Indian leases. * * * (2) If the amount under appeal
is $1,000 or more, ONRR will suspend your obligation to comply with that order if you submit an
ONRR-specified surety instrument under subpart B
of this part within a time period ONRR prescribes.
Burden hours covered under § 1243.4(a)(1).
1243.101(b) ....................
How will ONRR determine the amount of my bond or
other surety instrument?
* * * (b) If your appeal is not decided within 1 year
from the filing date, you must increase the surety
amount to cover additional estimated interest for another 1-year period. You must continue to do this annually * * *
Burden hours covered under § 1243.4(a)(1).
1243.200(a) and (b) .......
How do I demonstrate financial solvency? .....................
(a) To demonstrate financial solvency under this part,
you must submit an audited consolidated balance
sheet, and, if requested by the ONRR bond-approving officer, up to 3 years of tax returns to the ONRR,
* * *
(b) You must submit an audited consolidated balance
sheet annually, and, if requested, additional annual
tax returns on the date ONRR first determined that
you demonstrated financial solvency as long as you
have active appeals, or whenever ONRR requests.
* * *
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1243.201(c)(1), (c)(2)(i)
How will ONRR determine if I am financially solvent? ...
and (c)(2)(ii) and (d)(2).
* * * (c) If your net worth, minus the amount we would
require as surety under subpart B for all orders you
have appealed is less than $300 million, you must
submit * * *
(1) A written request asking us to consult a businessinformation, or credit-reporting service or program to
determine your financial solvency; and
(2) A nonrefundable $50 processing fee:
(i) You must pay the processing fee * * *;
(ii) You must submit the fee with your request * * *
and then annually on the date we first determined
that you demonstrated financial solvency, as long as
you are not able to demonstrate financial solvency
* * * and you have active appeals.
(d)* * * (2) For us to consider you financially solvent,
the business-information or credit–reporting service
or program must demonstrate your degree of risk as
low to moderate: * * *
1243.202(c) ....................
When will ONRR monitor my financial solvency? ..........
* * * (c) If our bond-approving officer determines that
you are no longer financially solvent, you must post
a bond or other ONRR-specified surety instrument
under subpart B.
Total Burden ...........
.........................................................................................
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........................
65 ...................................
(Self-bonding submissions).
130
Burden hours covered under §§ 1243.4(a)(1) and
1243.200(a) and (b)
Burden hours covered under § 1243.4(a)(1).
........................
105 .................................
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Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
ONRR Information Collection
Clearance Officer: Luis Aguilar (303)
231–3418.
Authority: The authorities for this action
are the Outer Continental Shelf Lands Act
Amendments of 1978 (43 U.S.C. 1337) and
the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et. seq.).
Gregory J. Gould,
Director for Office of Natural Resources
Revenue.
[FR Doc. 2017–27204 Filed 12–15–17; 8:45 am]
BILLING CODE 4335–30–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1012]
Certain Magnetic Data Storage Tapes
and Cartridges Containing the Same;
Commission Determination To Reviewin-Part a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions;
Extension of Target Date for
Completion 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 review
in part the presiding administrative law
judge’s (‘‘ALJ’’) final initial
determination (‘‘Final ID’’) issued on
September 1, 2017, finding a violation
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘section
337’’) in the above-captioned
investigation. The Commission has also
determined to extend the target date for
completion of the above-captioned
investigation to February 20, 2018.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2301. 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.
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
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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 July 1, 2016, based on a Complaint
filed by Fujifilm Corporation of Tokyo,
Japan, and Fujifilm Recording Media
U.S.A., Inc. of Bedford, Massachusetts
(collectively, ‘‘Fujifilm’’). 81 FR 43243–
44 (July 1, 2016). The Complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), in the sale for
importation, importation, and sale
within the United States after
importation of certain magnetic data
storage tapes and cartridges containing
the same by reason of infringement of
certain claims of U.S. Patent Nos.
6,641,891 (‘‘the ’891 patent’’); 6,703,106
(‘‘the ’106 patent’’); 6,703,101 (‘‘the ’101
patent’’); 6,767,612 (‘‘the ’612 patent’’);
8,236,434 (‘‘the ’434 patent’’); and
7,355,805 (‘‘the ’805 patent’’). The
Complaint further alleges the existence
of a domestic industry. The
Commission’s Notice of Investigation
named as respondents Sony Corporation
of Tokyo, Japan, Sony Corporation of
America of New York, New York, and
Sony Electronics Inc. of San Diego,
California (collectively, ‘‘Sony’’). The
Office of Unfair Import Investigations
(‘‘OUII’’) was also named as a party to
the investigation. The Commission later
terminated the investigation as to the
’101 patent. Order No. 24 (Jan. 18,
2017); Notice (Feb. 15, 2017).
On September 1, 2017, the ALJ issued
his final ID finding a violation of section
337 with respect to claims 1, 4–9, 11,
and 14 of the ’891 patent and asserted
claims 1, 2, 4, 5, 7, and 8 of the ’612
patent. The ALJ found no violation of
section 337 with respect to asserted
claims 9–11 of the ’612 patent; asserted
claim 2, 5, and 6 of the ’106 patent;
asserted claim 1 of the ’434 patent; and
asserted claims 3 and 10 of the ’805
patent.
In particular, the Final ID finds that
Sony’s accused products infringe claims
1, 4–9, 11, and 14 of the ’891 Patent
under 35 U.S.C. 271(a). The Final ID
also finds that Fujifilm’s domestic
industry (‘‘DI’’) products practice the
asserted claims of the ’891 Patent, thus
Fujifilm has satisfied the technical
prong of the domestic industry
requirement with respect to the ’891
Patent regarding its LTO–6 and LTO–7
DI products. The Final ID finds that
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
Sony has not shown that the asserted
claims of the ’891 Patent are invalid
under 35 U.S.C. 102, 103, or 112.
The Final ID finds that Sony’s
accused products infringe asserted
claims 1, 2, 4, 5, 7, and 8 of the ’612
Patent under 35 U.S.C. 271(a). The Final
ID finds, however, that Fujifilm failed to
show that Sony has induced
infringement of claims 9–11 of the ’612
Patent under 35 U.S.C. 271(b). The Final
ID further finds that Fujifilm’s DI
products practice claims 1, 2, 4, 5, and
7–11 of the ’612 Patent and, thus,
Fujifilm has satisfied the technical
prong of the domestic industry
requirement with respect to the ’612
Patent regarding its LTO–6 and LTO–7
DI products. The Final ID finds that
Sony has not shown that the asserted
claims of the ’612 Patent are invalid
under 35 U.S.C. 102, 103, or 112.
The Final ID finds that the accused
products do not infringe asserted claims
2, 5, and 6 of the ’106 Patent under 35
U.S.C. 271(a). The Final ID further finds
that neither Fujifilm’s LTO–6 nor LTO–
7 DI products practice any claim of the
’106 Patent, thus Fujifilm has failed to
satisfy the technical prong of the
domestic industry requirement with
respect to the ’106 Patent. The Final ID
also finds that Sony has not shown that
the asserted claims of the ’106 Patent are
invalid under 35 U.S.C. 102 or 103, but
has shown that the asserted claims of
the ’106 Patent are indefinite under 35
U.S.C. 112.
The Final ID finds that the accused
products do not infringe asserted claim
1 of the ’434 under 35 U.S.C. 271(a). The
Final ID further finds that Fujifilm’s
LTO–7 DI products do not practice any
claim of the ’434 Patent, thus Fujifilm
has failed to satisfy the technical prong
of the domestic industry requirement
with respect to the ’434 Patent. The
Final ID finds that Sony has not shown
that the asserted claims of the ’434
Patent are invalid under 35 U.S.C. 102,
103, or 112.
The Final ID finds the accused
products do not infringe asserted claims
3 and 10 of the ’805 Patent under 35
U.S.C. 271(a). The Final ID further finds
that Fujifilm’s LTO–7 DI products
practice claims 1, 2, 3, and 10 of the
’805 Patent. The Commission notes that
the Final ID misstates its finding
concerning the technical prong in the
Conclusions of Fact and Law with
respect to the ’805 Patent The Final ID
finds that Sony has not shown that the
asserted claims of the ’805 Patent are
invalid under 35 U.S.C. 102, 103, or
112.
The Final ID finds that Fujifilm has
satisfied the economic prong of the
domestic industry requirement with
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Pages 60034-60038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27204]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0008; DS63644000 DR2000000.CH7000 189D0102R2; OMB
Control Number 1012-0006]
Agency Information Collection Activities: Submission to the
Office of Management and Budget for Review and Approval; Suspensions
Pending Appeal and Bonding
AGENCY: Office of Natural Resources Revenue, Interior.
ACTION: Notice of extension.
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we,
the Office of Natural Resources Revenue (ONRR), are proposing to renew
an information collection.
DATES: Interested persons are invited to submit comments on or before
January 17, 2018 for the assurance of consideration.
ADDRESSES: You may submit your written comments on this ICR to the
Office of Management and Budget's Desk Officer for the Department of
the Interior by email to [email protected]: or via facsimile
to (202) 395-5806. Please also mail a copy of your comments to Mr. Luis
Aguilar, Regulatory Specialist, P.O. Box 25165, MS 64400, Denver,
Colorado 80225-0165, or by email to [email protected]. Please
reference ``OMB Control Number 1012-0006'' in your comments.
FOR FURTHER INFORMATION CONTACT: For questions on technical issues,
contact Ms. Kimberly Werner, Office of Enforcement and Appeals (OEA),
ONRR, at (303) 231-3801 or email to [email protected]. For other
questions, contact Mr. Luis Aguilar, at (303) 231-3418, or email to
[email protected]. You may also contact Mr. Aguilar, at no cost, of
(1) the ICR, (2) any associated forms, and (3) the regulations that
require us to collect the information. You may view the ICR at https://www.reginfo.gov/public/do/PRAMain and select ``Information Collection
Review,'' then select ``Department of the Interior'' in the drop-down
box under ``Currently Under Review.''
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995, we provide the general public and other Federal agencies
with an opportunity to comment on new, proposed, revised, and
continuing collections of information. This helps us assess the impact
of our information collection requirements and minimize the public's
reporting burden. It also helps the public understand our information
collection requirements and provide the requested data in the desired
format.
We published a notice, with a 60-day public comment period
soliciting comments on this collection of information, in the Federal
Register on June 19, 2017 (82 FR 27868). We received the following
comments in response to the notice: ``We respectfully offer the
following scenario on this process from start to finish: (1) Upon
demand letter from the ONRR, Fieldwood Energy responds with
correspondence requesting the ONRR accept Area-Wide Bonds currently
filed with the BOEM for our various entities, which incidentally total
excess of $23 million, to secure the nominal Administrative Appeals in
lieu of separate specific Appeal bonds. It should be noted that none of
the monetary demands from ONRR have come close to exceeding $1 million;
(2) In the event, the use of and Area-Wide bond is rejected by ONRR,
Fieldwood then must approach the commercial surety market to negotiate
terms with prospective sureties for the amount required by ONRR--this
may entail the production of recent financial information as well as
operational plans on Fieldwood leading up to several calls and
discussions with the surety. This may also require the establishment of
new relationships with sureties who do not know our company--all of
which is time consuming and not done overnight; and (3) Ultimately,
Fieldwood obtains a surety bond and files it with your office. So, it
is quite customary for this process to take days and not several hours
of our staff's time.
``The two burden hours for the majority of the typical requests
received are adequate. On some occasions, we might have to have a
little more internal dialogue or research if we do not have all the
information for the appeal upfront. Generally, those requests fall in
the 2-4 hour burden. For the most part, however, 2 hours is generally
the amount of burden hours needed. There again, for clarification, this
is the internal burden time for our staff. It would take generally 48-
72 hours for our surety to turn around the request.
``For WPX who has an existing surety bond line, 2 hours are
probably sufficient labor hours. However, for
[[Page 60035]]
companies that do not have bond line or have used up their capacity,
the amount of time spent securing the security bond could take much
longer.''
Once again, we are soliciting comments on this ICR that is
described below. We are especially interested in public comment
addressing the following issues: (1) Is the collection necessary to the
proper functions of ONRR; (2) will this information be processed and
used in a timely manner; (3) is the estimate of the burden accurate;
(4) how might ONRR enhance the quality, usefulness, and clarity of the
information collected; and (5) how might ONRR minimize the burden of
this collection on the respondents, including through the use of
information technology.
Comments that you submit in response to this notice are a matter of
public record. Before including your Personally Identifiable
Information (PII), such as your address, phone number, email address,
or other personal identifying information, in your comment(s), you
should be aware that your entire comment--including PII--may be made
available to the public at any time. While you may ask us, in your
comment, to withhold your PII from public view, we cannot guarantee
that we will be able to do so.
Abstract: The Secretary of the United States Department of the
Interior is responsible for collecting royalties from lessees who
produce minerals from leased Federal and Indian lands and the Outer
Continental Shelf (OCS). Under various laws, the Secretary's
responsibilities are to manage mineral resources production from
Federal and Indian lands and the OCS, collect the royalties and other
mineral revenues due, and distribute the funds collected. The Secretary
also has a trust responsibility to manage Indian lands and seek advice
and input from Indian beneficiaries. ONRR performs the royalty
management functions and assists the Secretary in carrying out the
Department's responsibility for Indian lands. We have posted those laws
pertaining to mineral leases on Federal and Indian lands and the OCS at
https://onrr.gov/Laws_R_D/PubLaws/default.htm.
I. General Information
If ONRR determines that a lessee has not properly reported or paid
royalties and other mineral revenues, we may issue an order to pay
additional royalties, a Notice of Noncompliance, or a Civil Penalty
Notice requiring correct reporting or payment. Lessees then have a
right to appeal ONRR determinations.
Implementing regulations at 30 CFR part 1243 govern the suspension
of orders or decisions and to stay the accrual of civil penalties (if
the Office of Hearings and Appeals grants a lessee's petition to stay
accrual of civil penalties), pending administrative appeal for Federal
leases. These regulations require an appellant to submit information
demonstrating financial solvency in lieu of providing a surety. For
those appellants who are not financially solvent or for appeals
involving Indian leases, ONRR requires appellants to post a surety
instrument to secure the financial interest of the public and Indian
lessors during the entire administrative or judicial appeal process.
This ICR covers the burden hours that appellants incur when submitting
the financial statements or surety instruments, subject to annual
audit, that are required to stay an ONRR order, decision, or accrual of
civil penalties.
II. Information Collections
Title 30 CFR 1243.1 states that lessees or recipients of ONRR
orders may suspend compliance with an order if they appeal under 30 CFR
part 1290. Pending appeal, ONRR may suspend the payment requirement if
the appellant submits a formal agreement of payment in case of default
such as a bond or other surety; for Federal oil and gas leases, the
appellant may demonstrate financial solvency. If the Office of Hearings
and Appeals grants a lessee's, or other recipient of a Notice of
Noncompliance or Civil Penalty Notice, request to stay the accrual of
civil penalties under 30 CFR 1241.55(b)(2) and 1241.63(b)(2), the
lessee or other recipient must post a bond or other surety, or for
Federal oil and gas leases, demonstrate financial solvency.
ONRR accepts the following surety types: form ONRR-4435,
Administrative Appeal Bond; form ONRR-4436, Letter of Credit; form
ONRR-4437, Assignment of Certificate of Deposit; Self-bonding; and U.S.
Treasury Securities.
When an appellant selects and puts one of the surety types in
place, the appellant must maintain the surety until completion of the
appeal. If the appeal is decided in favor of the appellant, ONRR
returns the surety to the appellant. If the appeal is decided in favor
of ONRR, then we will take action to collect the total amount due or
draw down on the surety. We draw down on a surety if the appellant
fails to comply with requirements relating to the amount due,
timeframe, or surety submission or resubmission. Whenever ONRR must
draw down on a surety, we must draw down the total amount due, which is
defined as unpaid principal plus the interest accrued to the projected
receipt date of the surety payment. Appellants may refer to the Surety
Instrument Posting Instructions, which are at 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 must submit their contact and
surety amount information on the bond to obtain the benefit of
suspension of an obligation to comply with an order. A surety company
that the U.S. Department of the Treasury approves (see Department of
the Treasury Circular No. 570, as revised periodically in the Federal
Register) must issue the bond. The ONRR Director or the ONRR-delegated
bond-approving officer maintains these bonds in a secure facility.
After the appeal has concluded, ONRR may release and return the bond to
the appellant or collect payment on the bond. If collection is
necessary for a remaining balance, ONRR will issue a demand for payment
to the surety company with a notice to the appellant. We also will
include all interest accrued on the affected bill.
Form ONRR-4436 [Letter of Credit]
Appellants may choose to file form ONRR-4436, Letter of Credit
(LOC), with no modifications. Requirements at 30 CFR 1243.4 continues
to apply. The ONRR Director or the ONRR-delegated bond-approving
officer maintains the LOC in a secure facility.
The appellant is responsible for verifying that the bank provides a
current Fitch rating to ONRR. After the appeal has been concluded, ONRR
may release and return the LOC to the appellant or collect payment on
the LOC. If collection is necessary for a remaining balance, we will
issue a demand for payment, which includes all interest assessed on the
affected bill, to the bank with a notice to the appellant.
Form ONRR-4437 [Assignment of Certificate of Deposit]
Appellants may choose to secure a debt using a Certificate of
Deposit (CD) from a bank with the required minimum Fitch rating and by
submitting form ONRR-4437, Assignment of Certificate of Deposit.
Appellants must file the
[[Page 60036]]
request with ONRR prior to the invoice due date. We will accept a book-
entry CD that explicitly assigns the CD to the Director. If collection
of the CD is necessary for an unpaid balance, we will return unused CD
funds to the appellant after total settlement of the appealed issues
including applicable interest charges.
Self-Bonding
For Federal oil and gas leases, regulations at 30 CFR 1243.201
provides that no surety instrument is required when a person
representing the appellant periodically demonstrates to the
satisfaction of ONRR, that the guarantor or appellant is financially
solvent or otherwise able to pay the obligation. Appellants must submit
a written request to ``self-bond'' every time a new appeal is filed. To
evaluate the financial solvency and exemption from requirements of
appellants to maintain a surety related to an appeal, ONRR requires
appellants to submit a consolidated balance sheet subject to annual
audit. In some cases, we also require copies of the most recent tax
returns (up to 3 years) that appellants file.
In addition, appellants must annually submit financial statements,
subject to audit, to support their net worth. ONRR uses the
consolidated balance sheet or business information supplied to evaluate
the financial solvency of a lessee, designee, or payor seeking a stay
of payment obligation pending review. If appellants do not have a
consolidated balance sheet documenting their net worth or if they do
not meet the $300 million net worth requirement, ONRR selects a
business information or credit reporting service to provide information
concerning an appellant's financial solvency. We charge the appellant a
$50 fee each time we need to review data from a business information or
credit reporting service. The fee covers our costs in determining an
appellant's financial solvency.
U.S. Treasury Securities
Appellants may choose to secure their debts by requesting to use a
U.S. Treasury Security (TS). Appellants must file the letter of request
with ONRR prior to the invoice due date. The TS must be a U.S. Treasury
note or bond with maturity equal to or greater than 1 year. The TS must
equal 120 percent of the appealed amount plus 1 year of estimated
interest (necessary to protect ONRR against interest rate
fluctuations). ONRR only accepts a book-entry TS.
III. OMB Approval
The information we collect under this ICR is essential in order to
require response from appellants to suspend compliance with an order
pending appeal.
We are requesting OMB's approval to continue to collect this
information. Not collecting this information would limit the
Secretary's ability to discharge fiduciary duties and also may result
in loss of royalty and other payments. ONRR protects the proprietary
information received and does not collect items of a sensitive nature
in this ICR.
IV. Data
Title: Suspensions Pending Appeal and Bonding, 30 CFR part 1243.
OMB Control Number: 1012-0006.
Bureau Form Numbers: ONRR-4435, ONRR-4436, and ONRR-4437.
Type of Review: Extension of a currently approved collection.
Respondents/Affected Public: Businesses.
Total Estimated Number of Annual Respondents: 105 Federal or Indian
appellants.
Total Estimated Number of Annual Responses: 105.
Estimated Completion Time per Response: 2 hours.
Total Estimated Number of Annual Burden Hours: 210 hours.
Respondent's Obligation: Mandatory.
Frequency of Collection: Annually and on occasion.
Total Estimated Annual Nonhour Burden Cost: There are no additional
recordkeeping costs associated with this ICR. However, ONRR estimates
that five appellants per year will pay a $50 fee to obtain credit data
from a business information or credit reporting service, which is a
total ``non-hour'' cost burden of $250 per year (5 appellants per year
x $50 = $250).
We have not included in our estimates certain requirements
performed in the normal course of business that are considered usual
and customary. The following table shows the estimated burden hours by
CFR section and paragraph:
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Reporting and
Citation 30 CFR part 1243 recordkeeping Hour burden Average number of annual Annual burden
requirement responses hours
----------------------------------------------------------------------------------------------------------------
1243.4(a)(1)................... How do I 2 40............................ 80
suspend
compliance
with an order?.
(a) If you .............. (Forms ONRR-4435, ONRR-4436,
timely appeal ONRR-4437; or TS).
an order, and
if that order
or portion of
that order:
(1) Requires
you to make a
payment, and
you want to
suspend
compliance
with that
order, you
must post a
bond or other
surety
instrument or
demonstrate
financial
solvency * * *
---------------------------------------------------------------
1243.6......................... When must I or Burden hours covered under Sec. 1243.4(a)(1).
another person
meet the
bonding or
financial
solvency
requirements
under this
part?
If you must
meet the
bonding or
financial
solvency
requirements
under Sec.
1243.4(a)(1),
or if another
person is
meeting your
bonding or
financial
solvency
requirements,
then either
you or the
other person
must post a
bond or other
surety
instrument or
demonstrate
financial
solvency
within 60 days
after you
receive the
order or the
Notice of
Order.
---------------------------------------------------------------
1243.7(a)...................... What must a Burden hours covered under Sec. 1243.4(a)(1).
person do when
posting a bond
or other
surety
instrument or
demonstrating
financial
solvency on
behalf of an
appellant?
[[Page 60037]]
If you assume
an appellant's
responsibility
to post a bond
or other
surety
instrument or
demonstrate
financial
solvency * * *
(a) Must
notify ONRR in
writing * * *
that you are
assuming the
appellant's
responsibility
* * *
---------------------------------------------------------------
1243.8(a)(2) and (b)(2)........ When will ONRR Burden hours covered under Sec. 1243.4(a)(1).
suspend my
obligation to
comply with an
order?
(a) Federal
leases. * * *
(2) If the
amount under
appeal is
$10,000 or
more, ONRR
will suspend
your
obligation to
comply with
that order if
you:
(i) Submit an
ONRR-specified
surety
instrument
under subpart
B of this part
within a time
period ONRR
prescribes; or
(ii)
Demonstrate
financial
solvency under
subpart C.
(b) Indian
leases. * * *
(2) If the
amount under
appeal is
$1,000 or
more, ONRR
will suspend
your
obligation to
comply with
that order if
you submit an
ONRR-specified
surety
instrument
under subpart
B of this part
within a time
period ONRR
prescribes.
---------------------------------------------------------------
1243.101(b).................... How will ONRR Burden hours covered under Sec. 1243.4(a)(1).
determine the
amount of my
bond or other
surety
instrument?
* * * (b) If
your appeal is
not decided
within 1 year
from the
filing date,
you must
increase the
surety amount
to cover
additional
estimated
interest for
another 1-year
period. You
must continue
to do this
annually * * *
---------------------------------------------------------------
1243.200(a) and (b)............ How do I 2 65............................ 130
demonstrate
financial
solvency?.
(a) To .............. (Self-bonding submissions)....
demonstrate
financial
solvency under
this part, you
must submit an
audited
consolidated
balance sheet,
and, if
requested by
the ONRR bond-
approving
officer, up to
3 years of tax
returns to the
ONRR, * * *
(b) You must
submit an
audited
consolidated
balance sheet
annually, and,
if requested,
additional
annual tax
returns on the
date ONRR
first
determined
that you
demonstrated
financial
solvency as
long as you
have active
appeals, or
whenever ONRR
requests. * *
*
---------------------------------------------------------------
1243.201(c)(1), (c)(2)(i) and How will ONRR Burden hours covered under Sec. Sec. 1243.4(a)(1) and
(c)(2)(ii) and (d)(2). determine if I 1243.200(a) and (b)
am financially
solvent?.
* * * (c) If
your net
worth, minus
the amount we
would require
as surety
under subpart
B for all
orders you
have appealed
is less than
$300 million,
you must
submit * * *
(1) A written
request asking
us to consult
a business-
information,
or credit-
reporting
service or
program to
determine your
financial
solvency; and
(2) A
nonrefundable
$50 processing
fee:
(i) You must
pay the
processing fee
* * *;
(ii) You must
submit the fee
with your
request * * *
and then
annually on
the date we
first
determined
that you
demonstrated
financial
solvency, as
long as you
are not able
to demonstrate
financial
solvency * * *
and you have
active appeals.
(d)* * * (2)
For us to
consider you
financially
solvent, the
business-
information or
credit-reporti
ng service or
program must
demonstrate
your degree of
risk as low to
moderate: * *
*
---------------------------------------------------------------
1243.202(c).................... When will ONRR Burden hours covered under Sec. 1243.4(a)(1).
monitor my
financial
solvency?.
* * * (c) If
our bond-
approving
officer
determines
that you are
no longer
financially
solvent, you
must post a
bond or other
ONRR-specified
surety
instrument
under subpart
B.
---------------------------------------------------------------
Total Burden............... ............... .............. 105........................... 210
----------------------------------------------------------------------------------------------------------------
[[Page 60038]]
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
ONRR Information Collection Clearance Officer: Luis Aguilar (303)
231-3418.
Authority: The authorities for this action are the Outer
Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1337) and
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.).
Gregory J. Gould,
Director for Office of Natural Resources Revenue.
[FR Doc. 2017-27204 Filed 12-15-17; 8:45 am]
BILLING CODE 4335-30-P
