30 CFR Part 1218, Collection of Monies Due the Federal Government- 60 day notice

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Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Citation 30 CFR part
1243

Hour
burden

Reporting and recordkeeping requirement

Average number of
annual responses

Annual burden
hours

(1) A written request asking us to consult a business-information,
or credit-reporting service or program to determine your financial solvency; and
(2) A nonrefundable $50 processing fee:
(i) You must pay the processing fee * * *;
(ii) You must submit the fee with your request * * * and then annually on the date we first determined that you demonstrated
financial solvency, as long as you are not able to demonstrate
financial solvency * * * and you have active appeals.
(d)* * * (2) For us to consider you financially solvent, the business-information or credit–reporting service or program must
demonstrate your degree of risk as low to moderate: * * *
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.

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Total Burden ....................................................................................................................

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: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and
(d) 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 ‘‘nonhour cost’’ burden to respondents or

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

..................

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 http://www.onrr.gov/
Laws_R_D/FRNotices/ICR0122.htm.
Public Comment Policy: We will post
all comments, including names and
addresses of respondents, at http://
www.regulations.gov. Before including
your address, phone number, e-mail
address, or other personal identifying

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105 ............................

105

information in your comment, be
advised that your entire comment—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us in your comment to withhold from
public view your personal identifying
information, we cannot guarantee that
we will be able to do so.
Information Collection Clearance
Officer: Rachel Drucker (202) 208–3568.
Dated: April 29, 2011.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2011–10905 Filed 5–3–11; 8:45 am]
BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0009]

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–
0008).
AGENCY:

To comply with the
Paperwork Reduction Act of 1995
(PRA), the Office of Natural Resources
Revenue (ONRR) is inviting comments
on a collection of information that we
will submit to the Office of Management
and Budget (OMB) for review and
approval. This information collection
request (ICR) was formerly approved
under OMB Control Number 1010–0107.

SUMMARY:

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Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
However, OMB approved a new series
number and renumbered our ICRs after
the Secretary of the Interior established
ONRR (the former Minerals Revenue
Management, a program under the
Minerals Management Service) by
Secretarial Order 3299, which was
effective October 1, 2010. Also ONRR
published a rule, effective October 1,
2010, transferring our regulations from
chapter II to chapter XII in title 30 of the
Code of Federal Regulations (CFR. This
ICR covers the paperwork requirements
in the regulations under 30 CFR part
1218 (previously 30 CFR part 218).
DATES: Submit written comments on or
before July 5, 2011.
ADDRESSES: You may submit comments
on this ICR by any of the following
methods. Please use ‘‘ICR 1012–0008’’ as
an identifier in your comment.
• Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ONRR–
2011–0009, and then click search.
Follow the instructions to submit public
comments. The ONRR will post all
comments.
• Mail comments to Hyla Hurst,
Regulatory Specialist, Office of Natural
Resources Revenue, P.O. Box 25165, MS
61013B, Denver, Colorado 80225. Please
reference ICR 1012–0008 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling St., Denver, Colorado
80225. Please reference ICR 1012–0008
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or email hyla.hurst@onrr.gov. You may also
contact Hyla Hurst to obtain copies, at
no cost, of (1) the ICR, (2) any associated
forms, and (3) the regulations that
require the subject collection of
information.
SUPPLEMENTARY INFORMATION:

Title: 30 CFR Part 1218, Collection of
Monies Due the Federal Government.
OMB Control Number: 1012–0008.
Bureau Form Number: Form ONRR–
4425.

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Note: This form is still listed as Form
MMS–4425 in the regulations. As ONRR
completes the transition to the new
organization, we will publish a rule updating
our form numbers in the CFR.

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

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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. The ONRR performs the
mineral 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
http://www.onrr.gov/Laws_R_D/
PublicLawsAMR.htm.
Minerals produced from Federal and
Indian leases vary greatly in the nature
of occurrence, production, and
processing methods. When a company
or an individual enters into a lease to
explore, develop, produce, and dispose
of minerals from Federal or Indian
lands, that company or individual
agrees to pay the lessor a share in an
amount or value of production from the
leased lands. The lessee is required to
report various kinds of information to
the lessor relative to the disposition of
the leased minerals. Such information is
generally available within the records of
the lessee or others involved in
developing, transporting, processing,
purchasing, or selling such minerals.
The information collected includes data
necessary to ensure that production is
accurately valued and royalties are
appropriately paid.
This ICR covers unique reporting
circumstances including (1) cross-lease
netting in calculation of late-payment
interest; (2) designation of designee; and
(3) and Tribal permission for
recoupment on Indian oil and gas
leases.
Cross-Lease Netting in Calculation of
Late-Payment Interest
Regulations at § 1218.54 require
ONRR to assess interest on unpaid or
underpaid amounts. The ONRR
distributes these interest revenues to
states, Indian Tribes, and the U.S.
Treasury, based on financial lease
distribution information. Current
regulations at § 1218.42 provide that an
overpayment on a lease or leases may be
offset against an underpayment on a
different lease or leases to determine the
net payment subject to interest, when
certain conditions are met. This is
called cross-lease netting. However,
sections 6(a), (b), and (c) of the Royalty
Simplification and Fairness Act (RSFA)
require ONRR to pay interest on lessees’
Federal oil and gas overpayments made
on or after February 13, 1997 (6 months
after the August 13, 1996, enactment of
RSFA). The ONRR implemented this

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RSFA provision in 1997 and began
calculating interest on both
underpayments and overpayments for
Federal oil and gas leases, making the
cross-lease netting provisions at
§ 1218.42 no longer applicable for these
leases. The ONRR estimates that, in
about seven cases per year, lessees must
comply with the provisions of
§ 1218.42(b) and (c) for Indian Tribal
leases or Federal leases other than oil
and gas, demonstrating that cross-lease
netting is correct by submitting
production reports, pipeline allocation
reports, or other similar documentary
evidence. This information is necessary
for ONRR to determine the correct
amount of interest owed by the lessee
and to ensure that proper value is
collected.
Designation of Designee
The RSFA established that lessees
(owners, primarily, of operating rights,
or secondarily, lease record title) are
responsible for making royalty and
related payments on Federal oil and gas
leases. These RSFA requirements are
codified at § 1218.52. It is common,
however, for a payor rather than a lessee
to make these payments. When a payor
makes payments on behalf of a lessee,
RSFA section 6(g) requires that the
lessee designate the payor as its
designee and notify ONRR of this
arrangement in writing. Form ONRR–
4425, Designation Form for Royalty
Payment Responsibility (formerly Form
MMS–4425), was designed to request all
the information necessary for lessees to
comply with these RSFA requirements
when they choose to designate an agent
to pay for them.
Tribal Permission for Recoupment on
Indian Oil and Gas Leases
Regulations at § 1218.53(b) allow
lessees with written permission from
the Tribe to recoup overpayments on
one lease against a different lease for
which the Tribe is the lessor. The payor
must provide ONRR with a copy of the
Tribe’s written permission. Generally, a
payor may recoup an overpayment
against the current month’s royalties or
other revenues owed on the same Tribal
lease. For any month, a payor may not
recoup more than 50 percent of the
royalties or other revenues owed in that
month, under an individual allotted
lease, or more than 100 percent of the
royalties or other revenues owed in that
month, under a Tribal lease. Lessees
report oil and gas lease recoupments on
Form MMS–2014, Report of Sales and
Royalty Remittance (which will be
renumbered as Form ONRR–2014, as we
complete the process of updating our
forms and the regulations). The burden

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Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices

hours are covered under ICR 1012–0004,
formerly ICR 1010–0139.
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 the
duties of the office and may also result
in loss of royalty payments. Proprietary

information submitted is protected, and
there are no questions of a sensitive
nature included in this information
collection.
Frequency: On occasion.
Estimated Number and Description of
Respondents: 1,630 Federal and Indian
lessees.

Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 1,255
hours.
We have not included in our
estimates certain requirements
performed in the normal course of
business and considered usual and
customary. The following chart shows
the estimated burden hours by CFR
section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation
30 CFR part 1218

Reporting and recordkeeping
requirement

Average
number of
annual
responses

Hour burden

Annual
burden
hours

Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest
1218.42(b) and (c) ..................................

Cross-lease netting in calculation of late-payment
interest. (b) Royalties attributed to production
from a lease or leases which should have been
attributed to production from a different lease or
leases may be offset * * * if * * * the payor
submits production reports, pipeline allocation
reports, or other similar documentary evidence
pertaining to the specific production involved
which verifies the correct production information
* * *.
(c) If ONRR assesses late-payment interest and
the payor asserts that some or all of the interest is not owed * * * the burden is on the
payor to demonstrate that the exception applies
* * *.

2

25

50

1,600

1,200

Subpart B—Oil and Gas, General—How does a lessee designate a Designee?
1218.52 (a), (c), and (d) .........................

How does a lessee designate a Designee? (a) If
you are a lessee under 30 U.S.C. 1701(7), and
you want to designate a person to make all or
part of the payments due under a lease on your
behalf * * * you must notify ONRR * * * in
writing of such designation * * *.
(c) If you want to terminate a designation * * *
you must provide [the following] to ONRR in
writing * * *.
(d) ONRR may require you to provide notice
when there is a change in the percentage of
your record title or operating rights ownership.
The ONRR currently uses Form MMS–4425, Designation Form for Royalty Payment Responsibility, to collect this information.

0.72

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Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases
1218.53(b) ...............................................

Recoupment of overpayments on Indian mineral
leases. (b) With written permission authorized
by Tribal statute or resolution, a payor may recoup an overpayment against royalties or other
revenues owed . . . under other leases * * *.
A copy of the Tribe’s written permission must
be furnished to ONRR * * *.

1

5

5

Total Burden ....................................

.................................................................................

........................

1,630

1,255

Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour Cost’’ Burden:
We have identified no ‘‘non-hour cost’’
burden associated with the collection of
information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an

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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)

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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

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jlentini on DSKJ8SOYB1PROD with NOTICES

Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
comments to: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and (d)
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 ‘‘nonhour 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 http://www.onrr.gov/
Laws_R_D/FRNotices/ICR0107.htm.
Public Comment Policy: We will post
all comments, including names and
addresses of respondents, at http://
www.regulations.gov. Before including
your address, phone number, e-mail
address, or other personal identifying
information in your comment, be
advised that your entire comment—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us in your comment to withhold from
public view your personal identifying

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information, we cannot guarantee that
we will be able to do so.
Information Collection Clearance
Officer: Rachel Drucker (202) 208–3568.
Dated: April 28, 2011.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2011–10906 Filed 5–3–11; 8:45 am]
BILLING CODE 4310–MR–P

INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–772]

Certain Polyimide Films, Products
Containing Same, and Related
Methods; Notice of Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
April 1, 2011, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Kaneka
Corporation of Japan. The complaint
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain polyimide films,
products containing same, and related
methods by reason of infringement of
certain claims of U.S. Patent No.
6,264,866 (‘‘the ‘866 patent’’); U.S.
Patent No. 6,746,639 (‘‘the ‘639 patent’’);
U.S. Patent No. 7,018,704 (‘‘the ‘704
patent’’); and U.S. Patent No. 7,691,961
(‘‘the ‘961 patent’’). The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
SUMMARY:

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to the Commission should contact the
Office of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server at http://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The
Office of Dockets Services, U.S.
International Trade Commission,
telephone (202) 205–1802.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2011).

Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
April 27, 2011, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain polyimide films,
products containing same, and related
methods that infringe one or more of
claims 1–14 of the ‘866 patent; claims
1–6 of the ‘639 patent; claims 1–5 of the
‘704 patent; and claims 1–20 of the ‘961
patent, and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Kaneka
Corporation, 3–2–4 Nakanoshima, Kitaku, Osaka 530–8288, Japan.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
SKC Kolon PI, Inc., 9th Fl. Daego
Building, 1591–10, Gwangyang-dong,
Dongan-gu, Anyang-si, Gyeonggi-do,
431–060, Korea;
SKC Inc., 1000 SKC Drive, Covington,
GA 30014.
(3) For the investigation so instituted,
the Honorable Paul J. Luckern, Chief
Administrative Law Judge, U.S.
International Trade Commission, shall
designate the presiding Administrative
Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.

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