[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Pages 40904-40914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11405]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Parts 250, 251, and 280
RIN 1010-AD23
Oil, Gas, and Sulphur Operations and Leasing in the Outer
Continental Shelf (OCS)--Recovery of Costs Related to the Regulation of
Oil and Gas Activities on the OCS
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Final rule.
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SUMMARY: MMS is implementing regulations which impose new fees to
process certain plans, applications, and permits. The service fees will
offset MMS's costs of processing these plans, applications, and
permits.
DATES: Effective Date: This regulation becomes effective on September
1, 2006.
FOR FURTHER INFORMATION CONTACT: Martin Heinze, Program Analyst,
Offshore Minerals Management, Office of Planning, Budget and
International Affairs at (703) 787-1010.
SUPPLEMENTARY INFORMATION:
Background: Federal agencies are generally authorized to recover
the costs of providing services to non-Federal entities through the
provisions of the Independent Offices Appropriation Act of 1952 (IOAA),
31 U.S.C. 9701. The Act requires implementation through rulemaking.
There are several policy documents that provide MMS guidance on the
process of charging applicants for service costs. The governing
language concerning cost recovery can be found in OMB Circular No. A-25
which states in part, ``The provisions of this Circular cover all
Federal activities that convey special benefits to recipients beyond
those accruing to the general public. * * * When a service (or
privilege) provides special benefits to an identifiable recipient
beyond those that accrue to the general public, a charge will be
imposed (to recover the full cost to the Federal Government for
providing the special benefit, or the market price). * * * The general
policy is that user charges will be instituted through the promulgation
of regulations.'' The Department of the Interior (DOI) Manual mirrors
this policy (330 DM 1.3 A.).
In this rulemaking, ``cost recovery'' means reimbursement to MMS
for its costs of performing a service by charging a fee to the
identifiable applicant/beneficiary of the service. Further guidance is
provided by Solicitor's Opinion M-36987, ``BLM's Authority to Recover
Costs of Minerals Document Processing'' (December 5, 1996). As
explained in that Solicitor's Opinion, some costs, such as the costs of
programmatic environmental studies and programmatic environmental
assessments in support of a general agency program are not recoverable
because they create an ``independent public benefit'' rather than a
specific benefit to an identifiable recipient.
[[Page 40905]]
On March 25, 2005, MMS published an advance notice of proposed
rulemaking (ANPR) (70 FR 15246) to solicit comments on the Recovery of
Costs Related to the Regulation of Oil and Gas Activities on the OCS.
MMS addressed comments received in the ANPR in the proposed rule.
On November 14, 2005, MMS published a proposed rule in the Federal
Register titled, ``Oil, Gas, and Sulphur Operations and Leasing in the
Outer Continental Shelf (OCS)--Recovery of Costs Related to the
Regulation of Oil and Gas Activities on the OCS,'' (70 FR 69118).
Through the proposed rule, MMS alerted the public that we seek to
recover the costs of processing certain permits and applications
through the rulemaking process. MMS believes that cost recovery for the
MMS-provided service of reviewing and approving applications and
permits is warranted because such service provides an identifiable
recipient (the applicant) with direct benefits beyond those received by
the general public.
The proposed rule invited comments, recommendations, and specific
remarks on a program of collecting fees for reviewing the following
plans and permit applications regulated by 30 CFR parts 250, 251, and
280:
Exploration Plan (Sec. 250.211).
Development and Production Plan or Development Operations
Coordination Document (Sec. 250.241).
Deep Water Operations Plan (Sec. 250.292).
Conservation Information Document (Sec. 250.296).
Application for Permit to Drill (APD; Form MMS-123).
Application for Permit to Modify (APM; Form MMS-124).
Facility Production Safety System Applications
(installation and modification Sec. 250.802).
Platform Applications (required by Sec. 250.905 for the
installation, modification/repair of a platform).
New Pipeline Application (Lease Term) Sec. 250.1000.
Pipeline Application Modification (Lease Term and ROW
Sec. 250.1000).
Pipeline Repair Notification (Sec. 250.1008).
Surface Commingling and Measurement Application (Sec.
250.1204).
Application to Remove a Platform or Other Facility
(required by Sec. 250.1727).
Application to Decommission a Pipeline (Lease Term and ROW
Sec. 250.1751, Sec. 250.1752).
Application for Permit to Conduct Geological or
Geophysical Exploration for Mineral Resources or Scientific Research in
the Outer Continental Shelf (Form MMS-327). This was inadvertently
listed in the proposed rule, at 70 FR 69121, as Geological and
Geophysical (G&G) Permits: Permit for Geophysical Exploration for
Mineral Resources or Scientific Research on the Outer Continental Shelf
(Form MMS-328); Permit for Geological Exploration for Mineral Resources
or Scientific Research on the OCS (Form MMS-329). However, the correct
form numbers were used in the actual proposed regulatory language.
Application for Permit to Conduct Geological or
Geophysical Prospecting for Mineral Resources or Scientific Research in
the Outer Continental Shelf Related to Minerals Other than Oil, Gas,
and Sulphur (Form MMS-134). This was inadvertently listed in the
proposed rule, at 70 FR 69121, as Sand and Gravel Permits: Permit for
Geophysical Prospecting for Mineral Resources or Scientific Research on
the Outer Continental Shelf Related to Minerals Other than Oil, Gas,
and Sulphur (Form MMS-135); Permit for Geological Prospecting for
Mineral Resources or Scientific Research on the Outer Continental Shelf
Related to Minerals Other than Oil, Gas, and Sulphur (Form MMS-136).
However, the correct form numbers were used in the actual proposed
regulatory language.
Summary of Changes to the Proposed Rule
This final rule differs from the proposed rule published on
November 14, 2005 (70 FR 69118), in the following respects:
We added language in the fee table at Sec. 250.125 to clarify that
there is no fee for revisions to Exploration Plans, Development and
Production Plans, and Development Operations Coordination Documents. We
also added to the fee table a definition of the term ``component''
which is used in determining the fee level for New Facility Production
Safety System Applications. We also corrected the fee table by
inserting the existing fee of $2,350 for Pipeline Right-of-Way (ROW)
Grant Applications in place of the lower fee that was erroneously
inserted in the table in the proposed rule. The fee was addressed in
MMS's final rule published on August 25, 2005 (70 FR 49871), and it was
not our intent to revisit this fee, but only make the fee table
inclusive of all pertinent fees.
We added a new paragraph (c) to Sec. 250.125 to address how MMS
will handle the service fee for the verbal approval of an Application
for Permit to Modify (APM) (Form MMS-124). Verbal approvals are
occasionally given for an APM. Any action that would be considered a
verbal permit approval will require either a paper permit application
to follow the verbal approval or an eWell submittal within 72 hours.
Payment must be received with the completed application.
We also added a new section (Sec. 250.126 General payment
instructions) which contains general instructions for paying service
fees. This section explains how lessees and operators can pay service
fees using both electronic funds transfer and non-electronic funds
transfer. This section clearly states that electronic funds transfer is
the preferred payment method.
We added fee language to Sec. 250.1202(a) and Sec. 250.1203(b)
for liquid hydrocarbon and gas measurement applications. In the fee
tables in both the preamble (70 FR 69120-69121) and at Sec. 250.125 of
the proposed rule, we listed the fees for ``Complex Surface Commingling
and Measurement Application'' and ``Simple Surface Commingling and
Measurement Application.'' However, while we cited in the tables to the
section addressing surface commingling (Sec. 250.1204) and included
the fee language at that section, we inadvertently left out the table
citations to the measurement sections (Sec. 250.1202--Liquid
hydrocarbon measurement--and Sec. 250.1203--Gas measurement) and
failed to include the fee language at those sections.
We have concluded that the language in the tables in the proposed
rule gave sufficient notice of our intent to charge the fees indicated
therein for measurement applications. The citation in the tables in the
proposed rule to the surface commingling section obviously did not
account for our stated intent in the tables to charge the same fee for
measurement applications, which are related to surface commingling but
are addressed at the two preceding sections, Sec. 250.1202 and Sec.
250.1203. We have concluded that companies that engage in surface
commingling and measurement activities are sufficiently aware of these
sections that our statements in the tables were sufficient notice of
our intent to charge measurement fees.
We moved the definitions of simple and complex applications for
surface commingling and measurement actions from Sec. 250.1204(a) to
Sec. 250.1202(a), and cross-referenced the definitions in Sec.
250.1203(b) and Sec. 250.1204(a). We also revised the definition of a
simple application by removing from the definition the following
actions: platform removals; application
[[Page 40906]]
cancellations; facility measurement point (FMP) status changes and
meter updates. These actions were removed from the definition of simple
application because they are not applications and do not require
approval. Finally, we have added citations to Sec. 250.1202(a) and
Sec. 250.1203(b) in the fee table at Sec. 250.125 for complex and
simple surface commingling and measure applications.
We deleted the final sentence from proposed Sec. 251.5 and from
proposed Sec. 280.12. The sentences simply stated that the time period
for extensions was defined on the permit forms. We concluded that the
permit forms are clear and there is no need to detail the content of
those forms in the regulations.
Comments on the Proposed Rule
MMS received two comment letters from industry and none from the
general public. One letter was from a consortium of eight trade
organizations that represents numerous companies involved in the United
States (U.S.) oil and gas industry. The other letter was from a large
integrated oil and gas operator.
Industry respondents stated that the total of lease bonuses,
rentals, and royalty fees paid by industry adequately compensate MMS
and the Federal Government for any service provided in the issuance of
permits and that the proposed rule seeks to ``double dip.''
Additionally industry respondents stated that the proposed fees seem
contrary to the administration's national energy policy. They
maintained that every dollar collected by MMS for the processing of
applications and permits is a dollar that would not be spent producing
energy on the OCS.
MMS works closely with industry to ensure that energy production on
the OCS will continue to contribute significantly to the nation's
energy supply. For example, MMS provides incentives for industry
production of offshore oil and gas, such as royalty relief for deep-
water and deep-gas development. The proposed service fees would not
affect existing incentives and would only marginally add to the cost of
operating offshore.
The relevant mineral leasing law (the Outer Continental Shelf Lands
Act (OCSLA)), which granted the Secretary the authority to issue leases
offshore on the OCS, was not enacted as a cost recovery mechanism. The
monies collected as bonuses, rentals, and royalties under those leases
are not intended to compensate the government for administrative costs.
They instead reflect the value of the national interest in the resource
and property. When a lease is issued, the working interest is conveyed
to the lessee(s) to whom it is issued. The government reserves a
royalty interest, which is a cost-free share of the production or the
value of the production. Under the bidding system that is
characteristic of most of the leases, the lessee pays a bonus to obtain
the lease that is the result of competitive bidding. During the primary
term of a lease and before the lease goes into production (in other
words, during the time the lessor is not receiving any benefit from its
retained royalty interest), the lessee must pay annual rentals. All of
these obligations (royalties, bonus payments, and rentals) reflect the
value of the lessor's (i.e., the Federal government's) property
interest in the leased minerals. None of these obligations was ever
intended to compensate the government for its administrative costs.
In a related remark, industry respondents asserted that a document
cited by MMS, OMB Circular No. A-25, provides that new user charges
should not be imposed in cases where other revenues from individuals
already finance the government services provided to them. The commenter
appears to be citing paragraph 7.c. of OMB Circular No. A-25, which
addresses excise taxes. The paragraph states that ``[n]ew user charges
should not be proposed in cases where an excise tax currently finances
the government services that benefit specific individuals'' (giving the
example of a gasoline tax to finance highway construction). Royalties,
bonus payments, and rentals are not taxes, but payments that reflect
the value of the resources. Reference to this paragraph of the OMB
Circular is thus inappropriate.
One commenter challenged the methodology for calculating the fees
and questioned whether the Fiscal Year 2004 baseline was a typical
year, and whether there was outside quality control or auditing
conducted over the cost estimation methodology. Additionally, the
commenter stated that the inclusion of ``indirect costs'' was not
appropriate since MMS would have incurred these costs whether or not a
particular application was submitted.
MMS believes that its cost recovery methodology was both reasonable
and reliable and that external quality control or auditing was not
necessary. MMS began tracking work activities in its financial system
in FY 2003, thus FY 2004 was the second full year MMS costed its work
activities within its financial system. We used the following guidance
documents to determine the full cost of cost recovery activities:
Statement of Federal Financial Accounting Standards,
Managerial Cost Accounting Concepts and Standards for the Federal
Government (SFFAS 4);
OMB Circular A-25; and,
DOI cost recovery guidance, from the DOI Manual (330 DM
1.3A.).
MMS employees code their time biweekly to work activities in the
DOI Quicktime timekeeping system. Managers certify each employee's time
each pay period and are responsible for accurate timekeeping.
Additionally, MMS managers revalidated employees' time for FY 2004
during the fee calculation phase. When necessary, costs were adjusted
if an employee's time was incorrectly coded.
The activity-based costing (ABC) methodology used by MMS is
appropriate for our cost recovery needs and operating environment. MMS
only included those costs (both direct and indirect) that supported the
processing of plans, permits, and other applications. Especially in
light of the managerial review of employees' costs, MMS has confidence
in the cost data used to calculate the full cost of processing
applications in this rule.
The commenter also stated that MMS should not have included
indirect costs in the calculation because we would have incurred these
indirect costs without the additional marginal cost of a particular
application. As discussed above, OMB Circular A-25 directs agencies to
recover full costs for providing special benefits. It also explains
that ``[f]ull cost includes all direct and indirect costs to any part
of the Federal Government of providing a good, resource or service.''
One comment suggested that MMS should improve its cost
effectiveness. MMS will continue in its efforts to reduce costs through
initiatives such as OCS Connect, a multi-year initiative to automate
major business transactions and plan/application/permit reviews,
resulting in more timely decisions. If business process changes
significantly affect costs, MMS will recalculate its cost of service
and propose new fees through the rulemaking process.
One commenter requested a joint MMS-industry working group to
address the fee collection process. The joint working group would find
the best method to reduce the administrative burden for both MMS and
industry. Suggestions included annual or other types of cumulative
payments rather than the ``piecemeal approach'' in the proposed rule.
MMS is directed by OMB Circular No. A-25 (section 6.a.2.(c)) to
receive
[[Page 40907]]
payment in advance of processing an application. Cumulative payments or
billing for past work is not possible. To simplify payments, MMS has
implemented an online payment system through the U.S. Treasury, called
PAY.GOV, for existing fees. This payment system will include the fees
in this final rule. For applications submitted electronically through
eWell or future e-Gov systems, an interactive credit card or Automated
Clearing House (ACH) payment method will be used. The PAY.GOV Web site
can be accessed through links on the MMS Offshore webpage at: http://www.mms.gov/offshore/ or directly through PAY.GOV at: https://www.pay.gov/paygov/. In light of these new payment options, MMS does
not see the need for a working group at this time. However we are
always open to industry suggestions.
One commenter stated that the rule would significantly impact small
businesses, including more than 70 percent of the companies that
operate on the OCS. The commenter stated that all expenses and fees
have business impacts.
The fees paid to MMS for processing actions are directly
proportional to the OCS activity by a company. Larger companies
generally hold more leases which translates into a greater number of
exploration plans, development permits, production, development and
conservation activities, designation of operator, lease assignments,
Applications for Permit to Drill (APDs), Applications for Permit to
Modify (APMs), facility and structure permits, etc.--in short a greater
number of activities for which fees will be charged under this rule and
thus payment of a larger total number of fees. The smaller companies
that operate on the OCS tend to buy already developed leases and
generally don't undertake significant exploration activities and they
are thus not subject to many of the fees in this rule. Smaller
companies tend to engage in both fewer actions and simpler types of
actions, thereby incurring fewer fee costs. The most common
applications submitted by small businesses have modest fees: APMs
($110), facility permit modifications ($80 to $530) and APDs ($1,850).
As explained in the section discussing the Regulatory Flexibility Act,
under Procedural Matters in this preamble, the greatest effect of fees
in this rule on the offshore revenues of production companies would be
less than 0.5 percent, and the effect on the vast majority of companies
would be much less than that. In fact the impact on more than 87
percent of companies is estimated to be less than 0.1 percent of OCS
revenues.
MMS consulted with the Small Business Administration (SBA) Office
of Advocacy about the impact of OCS cost recovery fees. The Office of
Advocacy concurred with the MMS assessment that the rule will not have
a significant effect on a substantial number of small entities.
A commenter challenged the MMS position that a ``Statement of
Energy Effects'' is not needed, pursuant to Executive Order (E.O.)
13211, because MMS does not consider the rule to be a significant
energy action. This rule meets none of the criteria for a significant
energy action. E.O. 13211 Section 4(b) defines a significant energy
action:
``(b) Significant energy action'' means any action by an agency
(normally published in the Federal Register) that promulgates or is
expected to lead to the promulgation of a final rule or regulation,
including notices of inquiry, advance notices of proposed
rulemaking, and notices of proposed rulemaking:
(1)(i) that is a significant regulatory action under E.O. 12866
or any successor order; and,
(ii) is likely to have a significant adverse effect on the
supply, distribution, or use of energy; or
(2) that is designated by the Administrator of the Office of
Information and Regulatory Affairs as a significant energy action.
Moreover, E.O. 12866 defines a significant regulatory action, at
section 3:
(f) ''Significant regulatory action'' means any regulatory
action that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.''
Of the above quoted thresholds, the only one that could potentially
be at issue is paragraph (f)(3), regarding user fees. While this rule
will have an effect on the level of fees paid to MMS it will not have a
material budgetary impact because the agency's overall operating
appropriation will not change substantially. As these fees are
appropriated for MMS operations, the amount appropriated for those
operations from the General Fund of the Treasury are being decreased.
Thus, this rule only marginally changes the amount contributing to the
MMS appropriation from fees relative to amounts contributing to the
appropriation from the General Fund. Therefore, this rule is not a
significant regulatory action under E.O. 12866.
This rule also does not meet the additional threshold that must be
met to trigger the need for a ``Statement of Energy Effects'' under
E.O. 13211, because these fees are not ``likely to have a significant
adverse effect on the supply, distribution, or use of energy.''
Compared to the normal costs of operations on the OCS, for example,
drilling a well, the fees established in this rule are not significant.
MMS' economic analysis showed that the effect of these fees on the
offshore revenues of production companies will be under 0.5 percent,
and the effect on most companies will be much smaller. These are not
amounts that are likely to have an adverse effect on any company's
economic standing and, consequently, they are not likely to adversely
affect the supply, distribution, or use of energy. Thus a ``Statement
of Energy Effects'' is not required.
MMS received inquires on how a component is defined for new and
modified facility production safety system applications. The service
fee table was modified to include a definition of component. The
definition follows the American Petroleum Institute's (API) definition:
A component is a piece of equipment or ancillary system that is
protected by one or more of the safety devices required by API RP 14C
(incorporated by reference as specified in Sec. 250.198). Examples of
components are; Wellheads, Flowlines, Injection Lines, Headers,
Separators (Pressure Vessels) Atmospheric Vessels, Fired Vessels,
Pumps, Compressors, Pipelines, Heat Exchangers, Buildings, as well as
the Emergency Support System (Emergency Shutdown Stations, Pneumatic
Fusible Element System and/or other electrical based fire detection
systems).
Procedural Matters
Regulatory Planning and Review (Executive Order (E.O.) 12866)
This document is not a significant rule as determined by the Office
of Management and Budget (OMB) and is not subject to review under E.O.
12866.
(1) This rule would not have an annual effect of $100 million or
more on the economy. It would not adversely affect in a material way
the economy, productivity, competition, jobs, the environment, public
health or safety, or
[[Page 40908]]
State, local, or tribal governments or communities. This proposed rule
would establish fees based on cost recovery principles. Based on
historical filings, we project the fees would raise revenue by
approximately $16.5 million annually.
(2) This rule would not create a serious inconsistency or otherwise
interfere with action taken or planned by another agency because the
costs incurred are for specific MMS services and other agencies are not
involved in these aspects of the OCS Program.
(3) This rule would not materially alter the budgetary impact of
entitlements, grants, user fees or loan programs or the rights or
obligations of their recipients. The only one of these that could
potentially be at issue is user fees. While this rule will have an
effect on the level of fees paid to MMS, it will not have a material
budgetary impact because the agency's overall operating appropriation
will not change substantially. As these fees are appropriated for MMS
operations, the amount appropriated for those operations from the
General Fund of the Treasury are being decreased. Thus, this rule only
marginally changes the amount contributing to the MMS appropriation
from fees relative to the amounts contributing to the appropriation
from the General Fund.
(4) This rule would not raise novel legal or policy issues.
Regulatory Flexibility Act (RFA)
The Department, in consultation with the Office of Advocacy of the
Small Business Administration (SBA), determined that this final rule
will not have a significant economic effect on a substantial number of
small entities under the RFA (5 U.S.C. 601 et seq.).
The changes in this final rule will affect lessees and operators of
leases and pipeline right-of-way holders on the OCS. This includes
approximately 130 active Federal oil and gas lessees and 115 pipeline
right-of-way holders. Small lessees that operate under this final rule
fall under the SBA's North American Industry Classification System
(NAICS) codes 211111, Crude Petroleum and Natural Gas Extraction, and
213111, Drilling Oil and Gas Wells. For these NAICS code
classifications, a small company is one with fewer than 500 employees.
Based on these criteria, an estimated 70 percent of these companies are
considered small. This final rule, therefore, will affect a substantial
number of small entities.
The fees proposed in the final rule will not have a significant
economic effect on a substantial number of small entities because the
fees are small compared to normal costs of doing business on the OCS.
For example, depending on water depth and well depth, cost estimates
for drilling a well range from $5 million to $23 million. Thus, the
proposed fees, ranging from $80 to $24,200, are dwarfed by the millions
of dollars that industry already commits to exploration, development,
production, and transportation.
MMS conducted an analysis to study the potential impacts of these
fees on small entities. MMS charted the 2004 production of all
companies operating on the OCS. Using corresponding rolling annual
average prices, MMS calculated each company's Federal OCS gross
revenues. Using MMS's Technical Information Management System internal
database (and other databases) with 2004 company data, plan/
application/permit fees were calculated and compared with each
company's calculated gross revenue.
With the exception of one company, the fees in this rule would be
less than 0.5 percent of the offshore revenues of any production
company. The analysis showed that the effects of these fees on the
offshore revenues of the vast majority of companies (more than 87
percent) would be less than 0.1 percent. The only exception was for one
company for which the analysis indicated an effect of 0.98 percent in
2004. Looking at this company's Federal OCS production and permit/plan
activity in 2005 the fee impact would be 0.18 percent. This company's
OCS revenues increased by a factor of 4 between 2004 and 2005. We
examined the reasons for the projected impact on this company and found
that it was new to the Federal OCS. It is engaging in exploration and
development activities before producing significant amounts of
hydrocarbons. Only a few companies will find themselves in this
position and MMS thus expects that the norm will be an impact of under
0.1 percent. Even an impact up to 0.5 percent is not significant
compared to the normal cost of operating on the OCS.
MMS cannot project revenue data for most of the 115 pipeline right-
of-way holders. However, construction and operation of a pipeline on
the OCS requires significant monetary investments and highly
sophisticated technical expertise, and yields multimillion dollar
revenues. Fees of a few thousand dollars will not significantly impact
the finances of companies engaged in these activities. The only new
fees for pipeline right-of-way holders in this rule are for pipeline
modification ($3,650) and pipeline repair notification ($340). Pipeline
right-of-way holders already pay a comparable existing fee of $2,350
for a pipeline grant application. We have concluded that the new fees
for pipeline right-of-way holders will not have a significant economic
effect on those entities.
Additionally, the service fees established in the rule will apply
in a non-discriminatory way to both large and small firms. Applying for
MMS services provides a benefit to both a large and small applicant if
the applicant decides to operate on the OCS.
Your comments are important. The Small Business and Agriculture
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were
established to receive comments from small businesses about Federal
agency enforcement actions. The Ombudsman will annually evaluate the
enforcement activities and rate each agency's responsiveness to small
business. If you wish to comment on the actions of MMS, call 1-888-734-
3247. You may comment to SBA without fear of retaliation. Disciplinary
action for retaliation by an MMS employee may include suspension or
termination from employment with DOI.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This final rule is not a major rule under the SBREFA (5 U.S.C.
804(2)). This final rule:
(a) Will not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Leasing on the U.S. OCS is limited to residents of the U.S. or
companies incorporated in the U.S. This final rule will not change that
requirement.
Unfunded Mandates Reform Act (UMRA)
This final rule will not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. The final rule will not have a significant or unique
effect on State, local, or tribal governments or the private sector. A
statement containing the information required by the UMRA (2 U.S.C.
1531 et seq.) is not required. This is because the final rule will not
affect State, local, or tribal governments, and the effect on the
private sector is small.
[[Page 40909]]
Takings Implication Assessment (TIA) (Executive Order 12630)
The final rule is not a governmental action capable of interference
with constitutionally protected property rights. Thus, MMS did not need
to prepare a TIA according to E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Federalism (Executive Order 13132)
With respect to E.O. 13132, this final rule will not have
federalism implications. This final rule will not substantially and
directly affect the relationship between the Federal and State
governments. To the extent that State and local governments have a role
in OCS activities, this final rule will not affect that role.
Civil Justice Reform (Executive Order 12988)
With respect to E.O. 12988, MMS finds that this final rule will not
unduly burden the judicial system and does meet the requirements of
sections 3(a) and 3(b)(2) of the E.O. MMS consulted with the DOI Office
of the Solicitor throughout this drafting process.
Paperwork Reduction Act (PRA)
This rulemaking relates to 30 CFR part 250, subparts A, B, D, E, F,
H, I, J, L, P, and Q; 30 CFR part 251; and 30 CFR part 280. The final
rulemaking affects the information collections for these regulations
but would not change the approved burden hours; it would just add the
associated fees. Therefore, OMB has ruled that there is no change in
the information collection and that MMS does not need to make a formal
submission by Form OMB 83-I for this rulemaking. We will submit Form
OMB 83-C to add the fees in each collection when the rule becomes
effective.
OMB has approved the information collections for the affected
regulations at:
(1) 30 CFR part 250; subpart A, 1010-0114; subpart B, 1010-0151;
subpart D, 1010-0141; subpart E, 1010-0067; subpart F, 1010-0043;
subpart H, 1010-0059; subpart I, 1010-0149; subpart J, 1010-0050;
subpart L 1010-0051; subpart P, 1010-0086, subpart Q, 1010-0142;
(2) 30 CFR part 251, 1010-0048; and
(3) 30 CFR part 280, 1010-0072.
National Environmental Policy Act (NEPA) of 1969
MMS has determined that this final rule is administrative and
involves only procedural changes addressing fee requirements.
Therefore, it is categorically excluded from environmental review under
section 102(2)(C) of the NEPA, pursuant to 516 DM 2.3A and 516 DM 2,
Appendix 1, Item 1.10.
In addition, the final rule does not involve any of the 10
extraordinary circumstances for exceptions to categorical exclusions
listed in 516 DM 2, Appendix 2. Pursuant to Council on Environmental
Quality regulations (40 CFR 1508.4) and the environmental policies and
procedures of the DOI, the term 'categorical exclusions' means
categories of action which an agency has determined do not individually
or cumulatively have a significant effect on the human environment and
therefore require neither an environmental assessment nor an
environmental impact statement.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
Effects on the Nation's Energy Supply (Executive Order 13211)
Executive Order 13211 requires the agency to prepare a Statement of
Energy Effects when it takes a regulatory action that is identified as
a significant energy action. This final rule is not a significant
energy action, and therefore would not require a Statement of Energy
Effects because it:
(1) Is not a significant regulatory action under E.O. 12866;
(2) Is not likely to have a significant adverse effect on the
supply, distribution, or use of energy; and
(3) Has not been designated by the Administrator of the Office of
Information and Regulatory Affairs, OMB, as a significant energy
action.
Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)
In accordance with E.O. 13175, this final rule will not have tribal
implications that impose substantial direct compliance costs on Indian
tribal governments.
List of Subjects
30 CFR Part 250
Administrative practice and procedure, Continental shelf,
Environmental impact statements, Environmental protection, Government
contracts, Investigations, Oil and gas exploration, Penalties,
Pipelines, Public lands--mineral resources, Public lands--rights-of-
way, Reporting and recordkeeping requirements, Sulphur.
30 CFR Part 251
Continental shelf, Freedom of information, Oil and gas exploration,
Public lands--mineral resources, Reporting and recordkeeping
requirements, Research.
30 CFR Part 280
Continental shelf, Public lands--mineral resources, Reporting and
recordkeeping requirements, Research.
Dated: June 16, 2006.
R.M. ``Johnnie'' Burton,
Director, Minerals Management Service, Exercising the delegated
authority of the Assistant Secretary, Land and Minerals Management.
0
For the reasons stated in the preamble, the Minerals Management Service
(MMS) amends 30 CFR parts 250, 251, and 280 as follows:
PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
1. The authority citation for 30 CFR part 250 continues to read as
follows:
Authority: 43 U.S.C. 1331 et seq., 31 U.S.C. 9701.
0
2. In Sec. 250.125, revise the table in paragraph (a); revise
paragraph (b); and add new paragraph (c) to read as follows:
Sec. 250.125 Service fees.
(a) * * *
Service Fee Table
------------------------------------------------------------------------
Service--processing of the
following Fee amount 30 CFR citation
------------------------------------------------------------------------
Change in Designation of $150................ Sec. 250.143.
Operator.
Suspension of Operations/ $1,800.............. Sec. 250.171.
Suspension of Production
(SOO/SOP) Request.
Exploration Plan (EP)....... $3,250 for each Sec. 250.211.
surface location,
no fee for
revisions.
Development and Production $3,750 for each well Sec. 250.241(e).
Plan (DPP) or Development proposed, no fee
Operations Coordination for revisions.
Document (DOCD).
[[Page 40910]]
Deepwater Operations Plan... $3,150.............. Sec. 250.292(p).
Conservation Information $24,200............. Sec. 250.296(a).
Document.
Application for Permit to $1,850 Initial Sec. 250.410(d);
Drill (APD; Form MMS-123). applications only, Sec. 250.411;
no fee for Sec. 250.460;
revisions. Sec. 250.513(b);
Sec. 250.515;
Sec. 250.1605;
Sec. 250.1617(a);
Sec. 250.1622.
Application for Permit to $110................ Sec. 250.460; Sec.
Modify (APM; Form MMS-124). 250.465(b); Sec.
250.513(b); Sec.
250.515; Sec.
250.613(b); Sec.
250.615; Sec.
250.1618(a); Sec.
250.1622; Sec.
250.1704(g).
New Facility Production $4,750 A component Sec. 250.802(e).
Safety System Application is a piece of
for facility with more than equipment or
125 components. ancillary system
that is protected
by one or more of
the safety devices
required by API RP
14C (incorporated
by reference as
specified in Sec.
250.198).
(Additional fee of
$12,500 will be
charged if MMS
deems it necessary
to visit a facility
offshore; and
$6,500 to visit a
facility in a
shipyard).
New Facility Production $1,150 (Additional Sec. 250.802(e).
Safety System Application fee of $7,850 will
for facility with 25-125 be charged if MMS
components. deems it necessary
to visit a facility
offshore; and
$4,500 to visit a
facility in a
shipyard).
New Facility Production $570................ Sec. 250.802(e).
Safety System Application
for facility with fewer
than 25 components.
Production Safety System $530................ Sec. 250.802(e).
Application--Modification
with more than 125
components reviewed.
Production Safety System $190................ Sec. 250.802(e).
Application--Modification
with 25-125 components
reviewed.
Production Safety System $80................. Sec. 250.802(e).
Application--Modification
with fewer than 25
components reviewed.
Platform Application-- $19,900............. Sec. 250.905(k).
Installation--under the
Platform Verification
Program.
Platform Application-- $2,850.............. Sec. 250.905(k).
Installation--Fixed
Structure Under the
Platform Approval Program.
Platform Application-- $1,450.............. Sec. 250.905(k).
Installation--Caisson/Well
Protector.
Platform Application-- $3,400.............. Sec. 250.905(k).
Modification/Repair.
New Pipeline Application $3,100.............. Sec. 250.1000(b).
(Lease Term).
Pipeline Application-- $1,800.............. Sec. 250.1000 (b).
Modification (Lease Term).
Pipeline Application-- $3,650.............. Sec. 250.1000 (b).
Modification (ROW).
Pipeline Repair $340................ Sec. 250.1008 (e).
Notification..
Pipeline Right-of-Way (ROW) $2,350.............. Sec. 250.1015.
Grant Application.
Pipeline Conversion of Lease $200................ Sec. 250.1015.
Term to ROW.
Pipeline ROW Assignment..... $170................ Sec. 250.1018.
500 Feet From Lease/Unit $3,300.............. Sec. 250.1101.
Line Production Request.
Gas Cap Production Request.. $4,200.............. Sec. 250.1101.
Downhole Commingling Request $4,900.............. Sec. 250.1106.
Complex Surface Commingling $3,550.............. Sec. 250.1202(a);
and Measurement Application. Sec. 250.1203(b);
Sec. 250.1204(a).
Simple Surface Commingling $1,200.............. Sec. 250.1202(a);
and Measurement Application. Sec. 250.1203(b);
Sec. 250.1204(a).
Voluntary Unitization $10,700............. Sec. 250.1303.
Proposal or Unit Expansion.
Unitization Revision........ $760................ Sec. 250.1303.
Application to Remove a $4,100.............. Sec. 250.1727.
Platform or Other Facility.
Application to Decommission $1,000.............. Sec. 250.1751(a)
a Pipeline (Lease Term). or Sec.
250.1752(a).
Application to Decommission $1,900.............. Sec. 250.1751(a)
a Pipeline (ROW). or Sec.
250.1752(a).
------------------------------------------------------------------------
(b) Payment of the fees listed in paragraph (a) of this section
must accompany the submission of the document for approval or be sent
to an office identified by the Regional Director. Once a fee is paid,
it is nonrefundable, even if an application or other request is
withdrawn. If your application is returned to you as incomplete, you
are not required to submit a new fee when you submit the amended
application.
(c) Verbal approvals are occasionally given in special
circumstances. Any action that will be considered a verbal permit
approval requires either a paper permit application to follow the
verbal approval or an electronic application submittal within 72 hours.
Payment must be made with the completed paper or electronic
application.
[[Page 40911]]
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3. Add a new Sec. 250.126 to read as follows:
Sec. 250.126 General payment instructions.
(a) Payment of fees associated with electronic applications. If you
submitted an application through eWell or OCS Connect, you must use the
interactive payment feature in that system.
(b) Payment of fees for applications not submitted electronically.
For applications not submitted electronically through eWell or OCS
Connect, MMS prefers you to use credit card or automated clearing house
(ACH) payments through the PAY.GOV Web site.
(1) Payment using PAY.GOV Web site. The PAY.GOV Web site may be
accessed through links on the MMS Offshore Web site at: http://www.mms.gov/offshore/ homepage or directly through PAY.GOV at: https://www.pay.gov/paygov/. If paying by credit card or ACH, you must include
a copy of the PAY.GOV confirmation receipt page with your application.
(2) MMS will also accept payments by any of the payment means
listed in this section. Your payment must be payable to: ``Department
of the Interior--Minerals Management Service'' or ``DOI-MMS'' and must
include your MMS company number. MMS prefers that you use these payment
documents in the order presented:
(i) Commercial check drawn on a solvent bank;
(ii) Certified check;
(iii) Cashier's check;
(iv) Money order; or
(v) Bank draft drawn on a solvent bank or a Federal Reserve check.
(c) Terms used in this section have the following meanings:
(1) Automated Clearing House or ACH is a type of electronic fund
transfer using the ACH network.
(2) PAY.GOV is a U.S. Treasury payment system used by MMS to
receive credit card and ACH payments for processing OCS plans, permits,
and other related applications or documents.
0
4. In Sec. 250.198, in the table in paragraph (e), revise the entry
for API RP 14C to read as follows:
Sec. 250.198 Documents incorporated by reference.
* * * * *
(e) * * *
------------------------------------------------------------------------
Title of documents Incorporated by reference at
------------------------------------------------------------------------
* * * * *
API RP 14C, Recommended Practice for Sec. 250.125(a), Sec.
Analysis, Design, Installation and 250.802(b), (e)(2); Sec.
Testing of Basic Surface Safety 250.803(a), (b)(2)(i), (b)(4),
Systems for Offshore Production (b)(5)(i), (b)(7), (b)(9)(v),
Platforms, Seventh Edition, March (c)(2); Sec. 250.804(a),
2001, API Stock No. G14C07. (a)(6); Sec. 250.1002(d);
Sec. 250.1004(b)(9); Sec.
250.1628(c), (d)(2); Sec.
250.1629(b)(2), (b)(4)(v); and
Sec. 250.1630(a).
* * * * * * *
------------------------------------------------------------------------
0
5. In Sec. 250.211, add a new paragraph (d) to read as follows:
Sec. 250.211 What must the EP include?
* * * * *
(d) Service fee. You must include payment of the service fee listed
in Sec. 250.125.
0
6. In Sec. 250.241, add a new paragraph (e) to read as follows:
Sec. 250.241 What must the DPP or DOCD include?
* * * * *
(e) Service fee. You must include payment of the service fee listed
in Sec. 250.125.
0
7. In Sec. 250.292, revise paragraphs (n) and (o); and add a new
paragraph (p) to read as follows:
Sec. 250.292 What must the DWOP contain?
* * * * *
(n) A discussion of any new technology that affects hydrocarbon
recovery systems;
(o) A list of any alternate compliance procedures or departures for
which you anticipate requesting approval; and
(p) Payment of the service fee listed in Sec. 250.125.
0
8. In Sec. 250.296, add the following sentence at the end of paragraph
(a):
Sec. 250.296 When and how must I submit a CID or a revision to a CID?
(a) * * * The submission of your CID must be accompanied by payment
of the service fee listed in Sec. 250.125.
* * * * *
0
9. In Sec. 250.410, revise the introductory paragraph and paragraph
(d) to read as follows:
Sec. 250.410 How do I obtain approval to drill a well?
You must obtain written approval from the District Manager before
you begin drilling any well or before you sidetrack, bypass, or deepen
a well. To obtain approval, you must:
* * * * *
(d) Submit the following to the District Manager:
(1) An original and two complete copies of Form MMS-123,
Application for Permit to Drill (APD), and Form MMS-123S, Supplemental
APD Information Sheet;
(2) A separate public information copy of forms MMS-123 and MMS-
123S that meets the requirements of Sec. 250.127; and
(3) Payment of the service fee listed in Sec. 250.125.
0
10. In Sec. 250.465, revise paragraph (b)(1) to read as follows:
Sec. 250.465 When must I submit an Application for Permit to Modify
(APM) or an End of Operations Report to MMS?
* * * * *
(b) * * *
(1) Your APM (Form MMS-124) must contain a detailed statement of
the proposed work that would materially change from the approved APD.
The submission of your APM must be accompanied by payment of the
service fee listed in Sec. 250.125;
* * * * *
0
11. In Sec. 250.513, revise the last sentence in paragraph (a), the
introductory language of paragraph (b), and paragraphs (b)(3) and
(b)(4) and adding paragraph (b)(5) to read as follows:
Sec. 250.513 Approval and reporting of well-completion operations.
(a) * * * If the completion has not been approved or if the
completion objective or plans have significantly changed, approval for
these operations must be requested on Form MMS-124, Application for
Permit to Modify (APM).
(b) You must submit the following with Form MMS-124 (or with Form
MMS-123; Form MMS-123S):
* * * * *
(3) For multiple completions, a partial electric log showing the
zones proposed
[[Page 40912]]
for completion, if logs have not been previously submitted;
(4) When the well-completion is in a zone known to contain
H2S or a zone where the presence of H2S is
unknown, information pursuant to Sec. 250.490 of this part; and
(5) Payment of the service fee listed in Sec. 250.125.
* * * * *
0
12. In Sec. 250.613, revise the last sentence in paragraph (a), the
introductory language of paragraph (b), and paragraphs (b)(2) and
(b)(3) and adding paragraph (b)(4) to read as follows:
Sec. 250.613 Approval and reporting for well-workover operations.
(a) * * * Approval for these operations must be requested on Form
MMS-124, Application for Permit to Modify.
(b) You must submit the following with Form MMS-124:
* * * * *
(2) When changes in existing subsurface equipment are proposed, a
schematic drawing of the well showing the zone proposed for workover
and the workover equipment to be used;
(3) Where the well-workover is in a zone known to contain
H2S or a zone where the presence of H2S is
unknown, information pursuant to Sec. 250.490 of this part; and
(4) Payment of the service fee listed in Sec. 250.125.
* * * * *
0
13. In Sec. 250.802, add a new paragraph (e)(7) to read as follows:
Sec. 250.802 Design, installation, and operation of surface
production safety systems.
* * * * *
(e) * * *
(7) The service fee listed in Sec. 250.125. The fee you must pay
will be determined by the number of components involved in the review
and approval process.
0
14. In Sec. 250.905, revise the introductory language and table
headings and add paragraph (k) to the table to read as follows:
Sec. 250.905 How do I get approval for the installation,
modification, or repair of my platform?
The Platform Approval Program requires that you submit the
information, documents, and fee listed in the following table for your
proposed project.
------------------------------------------------------------------------
Required submittal Required contents Other requirements
------------------------------------------------------------------------
* * * * * * *
(k) Payment of the service .................... ....................
fee listed in Sec.
250.125.
------------------------------------------------------------------------
0
15. In Sec. 250.1000, revise paragraph (b) to read as follows:
Sec. 250.1000 General requirements.
* * * * *
(b) An application must be accompanied by payment of the service
fee listed in Sec. 250.125 and submitted to the Regional Supervisor
and approval obtained before:
(1) Installation, modification, or abandonment of a lease term
pipeline;
(2) Installation or modification of a right-of-way (other than
lease term) pipeline; or
(3) Modification or relinquishment of a pipeline right-of way.
* * * * *
0
16. In Sec. 250.1008, revise paragraph (e) to read as follows:
Sec. 250.1008 Reports.
* * * * *
(e) The lessee or right-of-way holder must notify the Regional
Supervisor before the repair of any pipeline or as soon as practicable.
Your notification must be accompanied by payment of the service fee
listed in Sec. 250.125. You must submit a detailed report of the
repair of a pipeline or pipeline component to the Regional Supervisor
within 30 days after the completion of the repairs. In the report you
must include the following:
(1) Description of repairs;
(2) Results of pressure test; and
(3) Date returned to service.
* * * * *
0
17. In Sec. 250.1202, revise paragraph (a)(1) to read as follows:
Sec. 250.1202 Liquid hydrocarbon measurement.
(a) * * *
(1) Submit a written application to, and obtain approval from, the
Regional Supervisor before commencing liquid hydrocarbon production, or
making any changes to the previously-approved measurement and/or
allocation procedures. Your application (which may also include any
relevant gas measurement and surface commingling requests) must be
accompanied by payment of the service fee listed in Sec. 250.125. The
service fees are divided into two levels based on complexity as shown
in the following table.
------------------------------------------------------------------------
Application type Actions
------------------------------------------------------------------------
(i) Simple applications................ Applications to temporarily
reroute production (for a
duration not to exceed six
months); Production tests
prior to pipeline
construction; Departures
related to meter proving, well
testing, or sampling
frequency.
(ii) Complex applications.............. Creation of new facility
measurement points (FMPs);
Association of leases or units
with existing FMPs; Inclusion
of production from additional
structures; Meter updates
which add buy-back gas meters
or pigging meters; Other
applications which request
deviations from the approved
allocation procedures.
------------------------------------------------------------------------
* * * * *
0
18. In Sec. 250.1203, revise paragraph (b)(1) to read as follows:
Sec. 250.1203 Gas measurement.
* * * * *
(b) * * *
(1) Submit a written application to, and obtain approval from, the
Regional Supervisor before commencing gas production, or making any
changes to
[[Page 40913]]
the previously-approved measurement and/or allocation procedures. Your
application (which may also include any relevant liquid hydrocarbon
measurement and surface commingling requests) must be accompanied by
payment of the service fee listed in Sec. 250.125. The service fees
are divided into two levels based on complexity, see table in Sec.
250.1202(a)(1).
* * * * *
0
19. In Sec. 250.1204, revise paragraph (a)(1) to read as follows:
Sec. 250.1204 Surface commingling.
(a) * * *
(1) Submit a written application to, and obtain approval from, the
Regional Supervisor before commencing the commingling of production or
making any changes to the previously approved commingling procedures.
Your application (which may also include any relevant liquid
hydrocarbon and gas measurement requests) must be accompanied by
payment of the service fee listed in Sec. 250.125. The service fees
are divided into two levels based on complexity, see table in Sec.
250.1202(a)(1).
* * * * *
0
20. In Sec. 250.1617, revise paragraph (a) to read as follows:
Sec. 250.1617 Application for permit to drill.
(a) Before drilling a well under an approved Exploration Plan,
Development and Production Plan, or Development Operations Coordination
Document, you must file Form MMS-123, APD, with the District Manager
for approval. The submission of your APD must be accompanied by payment
of the service fee listed in Sec. 250.125. Before starting operations,
you must receive written approval from the District Manager unless you
received oral approval under Sec. 250.140.
* * * * *
0
21. In Sec. 250.1618, revise the section heading and paragraph (a) to
read as follows:
Sec. 250.1618 Application for permit to modify.
(a) You must submit requests for changes in plans, changes in major
drilling equipment, proposals to deepen, sidetrack, complete, workover,
or plug back a well, or engage in similar activities to the District
Manager on Form MMS-124, Application for Permit to Modify (APM). The
submission of your APM must be accompanied by payment of the service
fee listed in Sec. 250.125. Before starting operations associated with
the change, you must receive written approval from the District Manager
unless you received oral approval under Sec. 250.140.
* * * * *
0
22. In Sec. 250.1704, revise paragraph (g) in the Decommissioning
Applications and Reports Table to read as follows:
Sec. 250.1704 When must I submit decommissioning applications and
reports?
* * * * *
Decommissioning Applications and Reports Table
------------------------------------------------------------------------
Decommissioning applications
and reports When to submit Instructions
------------------------------------------------------------------------
* * * * * * *
(g) Form MMS-124, (1) Before you Include information
Application for Permit to temporarily abandon required under Sec.
Modify (APM). The or permanently plug Sec. 250.1712
submission of your APM must a well or zone. and 250.1721.
be accompanied by payment (2) Within 30 days Include information
of the service fee listed after you plug a required under Sec.
in Sec. 250.125. well * * *. 250.1717.
(3) Before you Refer to Sec.
install a subsea 250.1722(a).
protective device.
(4) Within 30 days Include information
after you complete required under Sec.
a protective device 250.1722(d).
trawl test.
(5) Before you Refer to Sec.
remove any casing 250.1723.
stub or mud line
suspension
equipment and any
subsea protective
device.
(6) Within 30 days Include information
after you complete required under Sec.
site clearance 250.1743(a).
verification
activities.
------------------------------------------------------------------------
0
23. In Sec. 250.1727, revise the introductory paragraph to read as
follows:
Sec. 250.1727 What information must I include in my final application
to remove a platform or other facility?
You must submit to the Regional Supervisor, a final application for
approval to remove a platform or other facility. Your application must
be accompanied by payment of the service fee listed in Sec. 250.125.
If you are proposing to use explosives, provide three copies of the
application. If you are not proposing to use explosives, provide two
copies of the application. Include the following information in the
final removal application, as applicable:
* * * * *
0
24. In Sec. 250.1751, revise paragraph (a) introductory text to read
as follows:
Sec. 250.1751 How do I decommission a pipeline in place?
* * * * *
(a) Submit a pipeline decommissioning application in triplicate to
the Regional Supervisor for approval. Your application must be
accompanied by payment of the service fee listed in Sec. 250.125. Your
application must include the following information:
* * * * *
0
25. In Sec. 250.1752, revise the introductory text of paragraph (a) to
read as follows:
Sec. 250.1752 How do I remove a pipeline?
* * * * *
(a) Submit a pipeline removal application in triplicate to the
Regional Supervisor for approval. Your application must be accompanied
by payment of the service fee listed in Sec. 250.125. Your application
must include the following information:
* * * * *
PART 251--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE
OUTER CONTINENTAL SHELF
0
26. The authority citation for part 251 is revised to read as follows:
Authority: 43 U.S.C. 1331 et seq., 31 U.S.C. 9701.
0
27. In Sec. 251.5, revise paragraph (a) to read as follows:
Sec. 251.5 Applying for permits or filing Notices.
(a) Permits. You must submit a signed original and three copies of
the MMS permit application form (Form MMS-327). The form includes names
of persons, type, location, purpose, and
[[Page 40914]]
dates of activity, and environmental and other information. A
nonrefundable service fee of $1,900 must accompany your application.
* * * * *
PART 280--PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR
ON THE OUTER CONTINENTAL SHELF
0
28. The authority citation for part 280 is revised to read as follows:
Authority: 43 U.S.C. 1331 et seq., 42 U.S.C. 4332 et seq., 31
U.S.C. 9701.
0
29. In Sec. 280.12, revise paragraph (a) to read as follows:
Sec. 280.12 What must I include in my application or notification?
(a) Permits. You must submit to the Regional Director a signed
original and three copies of the permit application form (Form MMS-134)
at least 30 days before the startup date for activities in the permit
area. If unusual circumstances prevent you from meeting this deadline,
you must immediately contact the Regional Director to arrange an
acceptable deadline. The form includes names of persons, type,
location, purpose, and dates of activity, as well as environmental and
other information. A nonrefundable service fee of $ 1,900 must
accompany your application.
* * * * *
[FR Doc. E6-11405 Filed 7-18-06; 8:45 am]
BILLING CODE 4310-MR-P