[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Rules and Regulations]
[Pages 20170-20172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7776]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 250, 270, 281, and 282

[Docket ID: MMS-2007-OMM-0070]
RIN 1010-AD49


Outer Continental Shelf Regulations--Technical Corrections

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Final rule.

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SUMMARY: This document makes minor technical changes to regulations 
that were published in various Federal Register documents and are 
codified in the Code of Federal Regulations. These changes will correct 
various citations and typographical errors in 30 CFR parts 250, 270, 
281, and 282.

DATES: Effective on April 15, 2008.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulatory Specialist 
at (703) 787-1607, fax (703) 787-1555, or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:
    Background: The technical corrections in this document affect all 
offshore operators, lessees, pipeline right-of-way holders, and 
permittees. The corrections are necessary to correct citation and 
typographical errors, and to add or change a few words for 
clarification. Obsolete information is being removed, since the grace 
period that was written into the initial rule is no longer valid. Also, 
when some rules were previously written in ``plain English,'' words 
were inadvertently dropped that are now being put back. This will make 
the regulations easier to read, understand, and follow.
    This document corrects regulations in 30 CFR parts 250, 270, 281, 
and 282 to reflect these changes. Because this rule makes no 
substantive change in any rule or requirement and has no significant 
impact on industry or the public, MMS, for good cause, finds that 
notice and public comment are unnecessary pursuant to 5 U.S.C. 
553(b)(B). Furthermore, MMS, for good cause, finds that no period of 
time is necessary to enable industry or the public to come into 
compliance with this rule; and therefore provides that the rule is 
effective upon this publication pursuant to 5 U.S.C. 553(d).

Procedural Matters

Regulatory Planning and Review (Executive Order (E.O.) 12866)

    This final rule 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 final rule will not have an effect of $100 million or more 
on the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) This final rule will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency.
    (3) This final rule will not alter the budgetary effects of 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients.
    (4) This final rule will not raise novel legal or policy issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this final rule will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    Your comments are important to us. The Small Business and 
Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness 
Boards were established to receive comments from small business 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 the Small Business 
Administration without fear of retaliation. Disciplinary action for 
retaliation by an MMS employee may include suspension or termination 
from employment with the Department of the Interior.

Small Business Regulatory Enforcement Fairness Act

    This final rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. 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.

Unfunded Mandates Reform Act

    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. This 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 Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings Implication Assessment (E.O. 12630)

    Under the criteria in E.O. 12630, this final rule does not have 
significant takings implications. This rule is not a governmental 
action capable of interference with constitutionally protected property 
rights. A Takings Implication Assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in E.O. 13132, this final rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This 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 rule will not affect that role. A Federalism 
Assessment is not required.

Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in E.O. 13175, we have evaluated this final rule 
and determined that it has no potential effects on federally recognized 
Indian tribes. There are no Indian or tribal lands in the OCS.

Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) provides that an agency may not 
conduct or sponsor a collection of information unless it displays a

[[Page 20171]]

currently valid OMB control number. Until OMB approves a collection of 
information and assigns a control number, you are not required to 
respond to the collection of information. This final rule does not 
contain any new information collection requirements subject to the PRA, 
nor does it affect any previously approved collections; therefore, the 
rule does not require a submittal to OMB for review and approval under 
section 3507(d) of the PRA. Any information collection burdens 
referenced in this rulemaking are already approved under OMB Control 
Numbers 1010-0114, expiration November 30, 2010; 1010-0151, expiration 
July 31, 2008; 1010-0059, expiration February 28, 2009; 1010-0149 
expiration March 31, 2008; 1010-0128 expiration August 31, 2009; and 
1010-0086 expiration December 31, 2010, respectively.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. The MMS has analyzed 
this rule under the criteria of the National Environmental Policy Act 
and 516 Departmental Manual 2, Appendix 1.10. and determined that it 
falls within the categorical exclusion for ``regulations * * * that are 
of an administrative, financial, legal, technical, or procedural nature 
and whose environmental effects are too broad, speculative, or 
conjectural to lend themselves to meaningful analysis.'' The MMS 
completed a Categorical Exclusion Review for this action and concluded 
that the rulemaking does not represent an exception to the established 
criteria for categorical exclusion; therefore, preparation of an 
environmental analysis or environmental impact statement will not be 
required.

Data Quality Act

    In developing this rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554, app. C section 515, 114 Stat. 2763, 2763A-153-154).

Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

Determination To Not Issue a Proposed Rule

    The MMS has determined that the good cause exception in 5 U.S.C. 
553(b)(3)(B) applies to this rule. The good cause exception allows an 
agency to dispense with the notice and public procedure when the agency 
finds for good cause that those requirements are impractical, 
unnecessary, and contrary to the public interest. Because this rule 
merely makes technical changes, it makes an administrative change and 
public comment is unnecessary.

Determination To Make Rule Effective Immediately

    Because this rule makes technical changes only, MMS has determined 
it appropriate to make the rule effective immediately, as allowed under 
5 U.S.C. 553(d).

List of Subjects

30 CFR Part 250

    Administrative practice and procedures, Continental shelf, 
Environmental protection, Oil and gas exploration, Public lands--
minerals resources, Public lands--rights-of-way.

30 CFR Part 270

    Continental shelf, Nondiscrimination, Oil and gas exploration.

30 CFR Part 281

    Administrative practice and procedure, Continental shelf, Mineral 
royalties, Public lands--mineral resources, Reporting and recordkeeping 
requirements.

30 CFR Part 282

    Administrative practice and procedure, Continental shelf, Public 
lands--mineral resources.

    Dated: March 28, 2008.
C. Stephen Allred,
Assistant Secretary--Land and Minerals Management.

0
For the reasons stated above, MMS amends 30 CFR parts 250, 270, 281, 
and 282 as follows:

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

0
1. The authority citation for part 250 is revised to read as follows:

    Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.


Sec.  250.107  [Amended]

0
2. In Sec.  250.107(a)(2), after the word ``equipment'' add the words 
``and work areas''.


Sec.  250.260  [Amended]

0
3. In Sec.  250.260(a), the citation ``15 CFR 930.76(d)'' is revised to 
read ``15 CFR 930.76(c)''.


Sec.  250. 803  [Amended]

0
4. In Sec.  250.803 the following additions are made:
0
A. In Sec.  250.803(b)(8), in the first sentence, after the phrase 
``API RP 14G'' add the parenthetical phrase ``(incorporated by 
reference as specified in Sec.  250.198)''.
0
B. In Sec.  250.803(b)(9)(i), in the last sentence, after the phrase 
``API RP 500'' and the phrase ``API RP 505'' add the parenthetical 
phrase ``(incorporated by reference as specified in Sec.  250.198)''.

0
5. In Sec.  250.806(c), revise the second sentence to read as follows:


Sec.  250.806  Safety and pollution prevention equipment quality 
assurance requirements.

* * * * *
    (c) * * * If you want MMS to evaluate other quality assurance 
programs, submit relevant information about the program and reasons for 
recognition by MMS to the Chief, Office of Offshore Regulatory 
Programs; Minerals Management Service; MS-4020; 381 Elden Street, 
Herndon, Virginia 20170-4817.


Sec.  250.900  [Amended]

0
6. In Sec.  250.900(a), in the first sentence, after the word ``You,'' 
add the word ``must''.


Sec.  250.1201  [Amended]

0
7. In Sec.  250.1201, remove the definition of Calibration, revise the 
definition of Surface commingling, and add in alphabetical order a new 
definition of Verification/Calibration, to read as follows:


Sec.  250.1201  Definitions.

* * * * *
    Surface commingling--the surface mixing of production from two or 
more leases and/or unit participating areas prior to royalty 
measurement.
* * * * *
    Verification/Calibration--testing and correcting, if necessary, a 
measuring device to ensure compliance with industry accepted, 
manufacturer's recommended, or regulatory required standard of 
accuracy.
* * * * *


Sec.  250.1202  [Amended]

0
8. In Sec.  250.1202(k)(3) and (4), in the first sentence, after the 
word ``Prove'', add the word ``operating''.


Sec.  250.1204  [Amended]

0
9. In Sec.  250.1204(b)(1), after the word ``months'' insert the 
parenthetical phrase ``(1 time every 60 days)''.

[[Page 20172]]

Sec.  250.1301  [Amended]

0
10. Amend Sec.  250.1301 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  250.1301  What are the requirements for unitization?

* * * * *
    (b) Compulsory unitization. The Regional Supervisor may require you 
and other lessees to unitize operations of a reasonably delineated and 
productive reservoir if unitized operations are necessary to:
    (1) Prevent waste;
    (2) Conserve natural resources; or
    (3) Protect correlative rights, including Federal royalty 
interests.
    (c) Unit area. The area that a unit includes is the minimum number 
of leases that will allow the lessees to minimize the number of 
platforms, facility installations, and wells necessary for efficient 
exploration, development, and production of mineral deposits, oil and 
gas reservoirs, or potential hydrocarbon accumulations common to two or 
more leases. A unit may include whole leases or portions of leases.
* * * * *


Sec.  250.1502  [Amended]

0
11. Remove Sec.  250.1502.


Sec.  250.1629  [Amended]

0
12. In Sec. Sec.  250.1629(b)(1) and (b)(1)(i), after the phrase ``I, 
IV, and VIII of the American Society of Mechanical Engineers (ASME) 
Boiler and Pressure Vessel Code'' add the parenthetical phrase 
``(incorporated by reference as specified in 30 CFR 250.198)''.

PART 270--NONDISCRIMINATION IN THE OUTER CONTINENTAL SHELF

0
13. The authority citation for part 270 is revised to read as follows:

    Authority: 43 U.S.C. 1863.


Sec.  270.6  [Amended]

0
14. In Sec.  270.6, revise the last sentence to read as follows:


Sec.  270.6  Process.

    * * * If either the complainant or the person(s) alleged to have 
wrongfully discriminated fail to provide such written notice within a 
reasonable period of time, the Regional Director must proceed in 
accordance with the provisions of 30 CFR 250, subpart N.

PART 281--LEASING OF MINERALS OTHER THAN OIL, GAS, AND SULPHUR IN 
THE OUTER CONTINENTAL SHELF

0
15. The authority citation for part 281 is revised to read as follows:

    Authority: 43 U.S.C. 1334.


Sec.  281.0  [Amended]

0
16. In Sec.  281.0, the last sentence is revised to read ``An applicant 
must respond to obtain or retain a benefit.''


Sec.  281.26  [Amended]

0
17. In Sec.  281.26 revise the second sentence of paragraph (e) and 
revise paragraph (i) to read as follows:


Sec.  281.26  Payments.

* * * * *
    (e) * * * The single responsible person shall be designated as the 
payor for the lease and shall be so identified on the Solid Minerals 
Production and Royalty Report (P & R) (MMS-4430) in accordance with 
Sec.  210.201of this title. * * *
* * * * *
    (i) All payors must submit payments and payment forms and maintain 
auditable records in accordance with 30 CFR Chapter II, Subchapter A--
Minerals Revenue Management.

PART 282--OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS 
OTHER THAN OIL, GAS, AND SULPHUR

0
18. The authority citation for part 282 is revised to read as follows:

    Authority: 43 U.S.C 1334.


Sec.  282.40  [Amended]

0
19. Revise Sec.  282.40, paragraph (f), to read as follows:


Sec.  282.40  Bonds.

* * * * *
    (f) For the purposes of this section there are three areas:
    (1) The Gulf of Mexico and the area offshore the Atlantic Ocean;
    (2) The area offshore the Pacific Coast States of California, 
Oregon, Washington, and Hawaii; and
    (3) The area offshore the coast of Alaska.
* * * * *

 [FR Doc. E8-7776 Filed 4-14-08; 8:45 am]
BILLING CODE 4310-MR-P