[Federal Register Volume 60, Number 155 (Friday, August 11, 1995)]
[Proposed Rules]
[Pages 41034-41035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19233]



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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 250 and 256

RIN 1010-AC04


Pipeline Right-of-Way Applications and Assignment Fees; 
Requirements for Filing of Transfers

AGENCY: Minerals Management Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Minerals Management Service (MMS) proposes to amend its 
regulations governing the filing fees charged for processing pipeline 
right-of-way applications and assignments, and applications for 
approval of instruments of transfer of a lease or interest. This 
amendment proposes to increase the filing fees for these documents, 
which will allow MMS to recover the full processing costs. MMS further 
proposes to adjust the filing fees by indexing them to the Consumer 
Price Index ``U'' which will enable MMS to continue to recover the 
processing costs of these documents. MMS will periodically publish 
these filing fee increases in the Federal Register.

DATES: Comments must be received or postmarked no later than October 
10, 1995 to be consider in this rulemaking.

ADDRESSES: Comments should be mailed or hand-carried to the Department 
of the Interior; Minerals Management Service; Mail Stop 4700; 381 Elden 
Street; Herndon, Virginia 22070-4817; Attention: Chief, Engineering and 
Standards Branch.

FOR FURTHER INFORMATION CONTACT: Andy Radford, telephone (703) 787-1144 
or Jo Ann Lauterbach, telephone (703) 787-1606.

SUPPLEMENTARY INFORMATION:

Background

    MMS last increased the filing fees for pipeline right-of-way 
applications and assignments on April 1, 1988. At that time, the fee 
for a pipeline right-of-way application was increased to $1,400, and 
the fee for a pipeline right-of-way assignment was increased to $50. 
MMS has not changed the $25 filing fee for instruments of transfer of a 
lease or interest since the administration of regulations concerning 
Outer Continental Shelf minerals and rights-of-way was transferred to 
MMS from the Bureau of Land Management under Amendment No. 1 to 
Secretarial Order No. 3071, dated May 10, 1982.
    During the years since MMS last adjusted these filing fees, the 
costs to process these documents have increased. MMS conducted in-house 
cost analyses based on the costs of salaries and benefits, computer 
time, and overhead in each of the regional offices to determine the 
average processing cost for each of these documents. The results showed 
that MMS is undercharging for these services, and therefore, MMS is 
proposing to increase the fees.
    This amendment proposes to increase the filing fee for a pipeline 
right-of-way application from $1,400 to $2,350; the filing fee for a 
pipeline right-of-way assignment from $50 to $60; and the filing fee 
for instruments of transfer of a lease or an interest from $25 to $185. 
Further, the amendment proposes to index the filing fees to the 
Consumer Price Index ``U''. The MMS will announce subsequent changes to 
the filing fee in the Federal Register.

    Authors: The principal authors for this proposed rule are Andy 
Radford and Jo Ann Lauterbach, Engineering and Standards Branch, 
MMS.

[[Page 41035]]


Executive Order (E.O.) 12866

    The Department of the Interior (DOI) reviewed this proposed rule 
under E.O. 12866 and determined that this document is not a significant 
rule.

Regulatory Flexibility Act

    The DOI has determined that this proposed rule will not have a 
significant economic effect on a substantial number of small entities. 
Any direct effects of this rulemaking will primarily affect OCS lessees 
and operators--entities that are generally not small due to the 
technical complexities and financial resources necessary to conduct OCS 
activities.

Paperwork Reduction Act

    The Office of Management and Budget (OMB) approved the collections 
of information contained in this proposed rule under 44 U.S.C. 3501 et 
seq., and assigned clearance numbers 1010-0050 and 1010-0006.

Takings Implication Assessment

    The DOI certifies that the proposed rule does not represent a 
governmental action capable of interference with constitutionally 
protected property rights. This action does not require a Takings 
Implication Assessment prepared pursuant to E.O. 12630, Government 
Action and Interference with Constitutionally Protected Property 
Rights.

E.O. 12778

    The DOI has certified to OMB that this proposed rule meets the 
applicable civil justice reform standards provided in Sections 2(a) and 
2(b)(2) of E.O. 12778.
National Environmental Policy Act

    The DOI has determined that this action does not constitute a major 
Federal action significantly affecting the quality of the human 
environment; therefore, this action does not require the preparation of 
an Environmental Impact Statement.

List of Subjects

30 CFR Part 250

    Continental shelf, Environmental impact statements, Environmental 
protection, Government contracts, Incorporation by reference, 
Investigations, Mineral royalties, Oil and gas development and 
production, Oil and gas exploration, Oil and gas reserves, Penalties, 
Pipelines, Public lands--mineral resources, Public lands--rights-of-
way, Reporting and recordkeeping requirements, Sulphur development and 
production, Sulphur exploration, Surety bonds.

30 CFR Part 256

    Administrtive practice and procedure, Continental shelf, Government 
contracts, Incorporation by reference, Oil and gas exploration, Public 
lands--mineral resources, Reporting and recordkeeping requirements, 
Surety bonds.

    Dated: May 12, 1995.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    For the reasons set out in the preamble, 30 CFR parts 250 and 256 
are proposed to be amended as follows:

PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER 
CONTINENTAL SHELF

    1. The authority citation for part 250 is amended to read as 
follows:

    Authority: 43 U.S.C. 1334.

    2. Section 250.160 is amended by revising the fifth sentence and 
adding a new sentence following the fifth sentence in paragraph (a) to 
read as follows:


Sec. 250.160  Applications for a pipeline right-of-way grant.

    (a) * * * A nonrefundable filing fee of $2,350 and the rental 
required under Sec. 250.159(c)(2) of this part must accompany a new 
right-of-way application. MMS will periodically make technical 
amendments to adjust the filing fee according to the Consumer Price 
Index ``U''. * * *
* * * * *
    3. Section 250.163 is amended by revising the last sentence in 
paragraph (b) and adding a new sentence following the last sentence to 
read as follows;


Sec. 250.163  Assignment of a right-of-way grant.

* * * * *
    (b) * * * A nonrefundable filing fee of $60 must accompany the 
application for the approval of an assignment. MMS will periodically 
make technical amendments to adjust the filing fee according to the 
Consumer Price Index ``U''.

PART 256--LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER 
CONTINENTAL SHELF

    4. The authority citation for part 256 continues to read as 
follows:

    Authority: 43 U.S.C. 1331 et seq.

    5. Section 256.64 is amended by revising the first sentence in 
paragraph (a)(2) and adding a new sentence following the first sentence 
to read as follows:


Sec. 256.64  Requirements for filing of transfers.

    (a) * * *
    (2) A nonrefundable filing fee of $185 must accompany an 
application for approval of any instrument of transfer required to be 
filed. MMS will periodically make technical amendments to adjust the 
filing fee according to the Consumer Price Index ``U''. * * *

[FR Doc. 95-19233 Filed 8-10-95; 8:45 am]
BILLING CODE 4310-MR-M