[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
