Minerals Management: Adjustment of Cost Recovery Fees, 54717-54721 [E8-22255]

Download as PDF Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations [FR Doc. E8–22170 Filed 9–22–08; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P Background The BLM has specific authority to charge fees for processing applications and other documents relating to public lands under Section 304 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1734. In 2005, the BLM published a final cost recovery rule (70 FR 58854) establishing or revising certain fees and service charges, and establishing the method it would use to adjust those fees and service charges on an annual basis. At 43 CFR 3000.12(a), the regulations provide that the BLM will annually adjust fees established in Subchapter C according to changes in the Implicit Price Deflator for Gross Domestic Product (IPD–GDP), which is published quarterly by the U.S. Department of Commerce. (See also 43 CFR 3000.10.) Because the fee recalculations are simply based on a mathematical formula, we have changed the fees in a final rule without providing opportunity for notice and comment. This final rule will allow the BLM to update these fees and service charges by October 1 of this year, as required by the 2005 regulation. The public had an opportunity to comment on this procedure during the comment period on the original cost recovery rule, and this new rule simply administers the procedure set forth in those regulations. The Department of the Interior, therefore, for good cause finds under 5 U.S.C. 553(b)(B) and (d)(3) that notice and public comment procedures are unnecessary, and that the rule may be effective less than 30 days after publication. DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 3000 [WO–310–1310–PP–24 1A] RIN 1004–AE01 Minerals Management: Adjustment of Cost Recovery Fees Bureau of Land Management, Interior. ACTION: Final rule. AGENCY: SUMMARY: This final rule amends the Bureau of Land Management (BLM) mineral resources regulations to update some fees that cover the BLM’s cost of processing certain documents relating to its mineral programs and some filing fees for mineral-related documents. These updates include fees for actions such as lease applications, name changes, corporate mergers, and lease consolidations. DATES: Effective date: This final rule is effective October 1, 2008. FOR FURTHER INFORMATION CONTACT: Tim Spisak, Chief, Division of Fluid Minerals, 202–452–5061, or Cynthia Ellis, Regulatory Affairs Specialist, (202) 452–5012. Persons who use a telecommunications device for the deaf (TDD) may leave a message for these individuals with the Federal Information Relay Service (FIRS) at 1– 800–877–8339, 24 hours a day, 7 days a week. ADDRESSES: You may send inquiries or suggestions to Director (630), Bureau of Land Management, MS–LS 401, 1849 C Street, NW., Washington, DC 20240; Attention: RIN 1004–AE01. Discussion of Final Rule BLM’s first fee update rule became effective on October 1, 2007. 72 FR 50882 (Sept. 5, 2007). The fee updates effective each October 1 are based on 54717 the IPD–GDP for the 4th Quarter of the preceding calendar year. See 72 FR 50882. This fee update is based on the IPD–GDP for 4th Quarter 2007, thus reflecting inflation over the four calendar quarters since 4th Quarter 2006. This rule also includes a minor amendment to BLM’s stated method of rounding numbers to arrive at the final fee. The final 2005 and 2007 rules stated that values would be rounded ‘‘to the nearest $5.00.’’ 70 FR 58855; 72 FR 50884. In this rule we adjust for the first time the geothermal nomination fee of $100 plus $0.10 per acre nominated.1 Because rounding the adjusted value for a fee of $0.10 to the nearest $5.00 cannot be sensibly implemented, we will round values for fees under $1.00 to the nearest penny. Pursuant to the Administrative Procedure Act, 5 U.S.C. section 553(b)(B), BLM finds that notice and public comment procedure on this point are unnecessary because this is a minor revision that is consistent with general business practices. Moreover, BLM did not receive any comments on rounding when it proposed to round fees down or up to the nearest $5.00 in the 2005 proposed rule. 70 FR 41540. The Attorney General’s Manual on the APA states that the term ‘‘unnecessary’’ in 5 U.S.C. section 553(b)(B) ‘‘refers to the issuance of a minor rule or amendment in which the public is not particularly interested.’’ FEDERAL ADMINISTRATIVE PROCEDURE SOURCEBOOK 63 (William F. Funk, Jeffrey S. Lubbers & Charles Pou, Jr., eds., ABA Publishing 3d ed. 2000). BLM has determined that this amendment falls within that category. The calculations that resulted in the new fees are included in the table below. FIXED COST RECOVERY FEES FY09 Existing fee 2 jlentini on PROD1PC65 with RULES Document/action Oil & Gas (parts 3100, 3110, 3120, 3130, 3150): Noncompetitive lease application ..................................................... Competitive lease application ........................................................... Assignment and transfer of record title or operating rights .............. Overriding royalty transfer, payment out of production .................... Name change, corporate merger or transfer to heir/devisee ........... Lease consolidation .......................................................................... Lease renewal or exchange ............................................................. Lease reinstatement, Class I ............................................................ Leasing under right-of-way ............................................................... Geophysical exploration permit application—Alaska ....................... Renewal of exploration permit—Alaska ........................................... Geothermal (part 3200): 1 When the 2007 cost recovery fee update rule was issued, we did not update this fee because it VerDate Aug<31>2005 16:35 Sep 22, 2008 Jkt 214001 Existing value 3 $360 140 80 10 185 395 360 70 360 25 25 IPD–GDP increase 4 New value 5 $357.88 138.88 80.12 10.68 186.95 395.27 357.88 69.44 357.88 .................... .................... $9.20 3.57 2.06 0.27 4.80 10.16 9.20 1.78 9.20 .................... .................... $367.08 142.45 82.18 10.95 191.75 405.43 367.08 71.22 367.08 .................... .................... had been in effect less than one year. 72 FR 50884 n.9 (table). PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\23SER1.SGM 23SER1 New fee 6 $365 140 80 10 190 405 365 70 365 7 25 8 25 54718 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations FIXED COST RECOVERY FEES FY09—Continued Existing fee 2 Document/action Noncompetitive lease application ..................................................... Competitive lease application ........................................................... Assignment and transfer of record title or operating right ............... Name change, corporate merger or transfer to heir/devisee ........... Lease consolidation .......................................................................... Lease reinstatement ......................................................................... Nomination of lands .......................................................................... plus per acre nomination fee ..................................................... Site license application ..................................................................... Assignment or transfer of site license .............................................. Coal (parts 3400, 3470): License to mine application .............................................................. Exploration license application ......................................................... Lease or lease interest transfer ........................................................ Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580): Applications other than those listed below ....................................... Prospecting permit application amendment ..................................... Extension of prospecting permit ....................................................... Lease modification or fringe acreage lease ..................................... Lease renewal .................................................................................. Assignment, sublease, or transfer of operating rights ..................... Transfer of overriding royalty ............................................................ Use permit ........................................................................................ Shasta and Trinity hardrock mineral lease ....................................... Renewal of existing sand and gravel lease in Nevada .................... Multiple Use; Mining (Group 3700): Notice of protest of placer mining operations .................................. Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870): Application to open lands to location ............................................... Notice of Location ............................................................................. Amendment of location ..................................................................... Transfer of mining claim/site ............................................................ Recording an annual FLPMA filing ................................................... Deferment of assessment work ........................................................ Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ............................................... Mineral patent adjudication. (more than 10 claims) ............................................................... (10 or fewer claims) ................................................................... Adverse claim ................................................................................... Protest .............................................................................................. Existing value 3 IPD–GDP increase 4 New value 5 New fee 6 360 140 80 185 395 70 100 0.10 55 55 357.88 138.88 80.12 186.95 395.27 69.44 100 0.10 53.42 53.42 9.20 3.57 2.06 4.80 10.16 1.78 2.57 0.00257 1.37 1.37 367.08 142.45 82.18 191.75 405.43 71.22 102.57 0.10257 54.79 54.79 365 140 80 190 405 70 105 .10 55 55 10 295 60 10.68 293.78 58.76 0.27 7.55 1.51 10.95 301.33 60.27 10 300 60 30 60 95 25 460 25 25 25 25 25 32.05 58.76 96.15 26.71 459.37 26.71 26.71 26.71 26.71 26.71 0.82 1.51 2.47 0.69 11.81 0.69 0.69 0.69 0.69 0.69 32.87 60.27 98.62 27.40 471.18 27.40 27.40 27.40 27.40 27.40 35 60 100 25 470 25 25 25 25 25 10 10.68 0.27 10.95 10 10 15 10 10 10 95 10.68 16.02 10.68 10.68 10.68 96.15 0.27 0.41 0.27 0.27 0.27 2.47 10.95 16.43 10.95 10.95 10.95 98.62 10 15 10 10 10 100 25 26.71 0.69 27.40 25 2,690 1,345 95 60 2,692.12 1,346.06 96.15 58.76 69.19 34.59 2.47 1.51 2,761.31 1,380.65 98.62 60.27 2,760 1,380 100 60 Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of Economic Analysis. jlentini on PROD1PC65 with RULES How Fees Are Adjusted The figures in the ‘‘New Value’’ column in the table above, not those in 2 The Existing Fee was established by the 2007 cost recovery fee update rule published September 5, 2007 (72 FR 50882), effective October 1, 2007. 3 The Existing Value is the figure from the ‘‘New Value’’ column in the rule published September 5, 2007 (72 FR 50882). 4 From 4th Quarter 2006 (117.522) to 4th Quarter 2007 (120.542) the IPD–GDP increased by 2.57%. The value in the IPD–GDP Increase column is 2.57% of the Existing Fee. 5 The sum of the Existing Value and IPD–GDP Increase is the New Value. 6 The New Fee for 2009 is the New Value rounded to the nearest $5.00. 7 Section 365 of the Energy Policy Act of 2005 (Pub. L. 109–58) directed in subsection (i) that ‘‘the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing drillingrelated permit applications and use authorizations.’’ In the 2005 cost recovery rule, the BLM interpreted VerDate Aug<31>2005 16:35 Sep 22, 2008 Jkt 214001 the ‘‘New Fee’’ column, will be used in the following year as the basis for calculating the annual adjustment to these fees. Because the new values are rounded to the nearest $5.00, or the nearest penny for fees under $1.00 (see above), in setting the new fees, future fees based on the figures in the ‘‘New Fee’’ column would become significantly over-or-under-valued over time. In today’s rule, the figures in the Existing Value column are from the New this prohibition to apply to geophysical exploration permits. 70 FR 58854–58855. While the $25 fees for geophysical exploration permit applications for Alaska and renewals of exploration permits for Alaska pre-dated the 2005 cost recovery rule and were not affected by the Energy Policy Act prohibition, we interpret the provision quoted as prohibiting us from increasing this $25 fee. 8 We interpret the Energy Policy Act prohibition discussed in footnote 7, above, as prohibiting us from increasing this $25 fee, as well. PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 Value column in the final rule of September 5, 2007. However, if the ‘‘New Value’’ column is blank because the fee was not updated in this rule, future adjustments will be based on the figures in the ‘‘New Fee’’ column. Adjustments to future fees will be made by multiplying the annual change in the IPD–GDP by the reported New Value in the previous year’s rule. This calculation will define a new value for that year, which will then be rounded to the nearest $5.00, or the nearest penny for fees under $1.00, to establish the new adjusted fee. Procedural Matters Regulatory Planning and Review (Executive Order 12866) This document is not a significant rule and the Office of Management and E:\FR\FM\23SER1.SGM 23SER1 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES Budget has not reviewed this rule under Executive Order 12866. We have made the assessments required by E.O. 12866 and the results are given below. The BLM has determined that the rule will not have an annual effect on the economy of $100 million or more. It will not 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. The changes in today’s rule are much smaller than those in the 2005 or 2007 final rules, which did not approach the threshold in E.O. 12866. For instructions on how to view a copy of the analysis prepared in conjunction with the 2005 final rule, please contact one of the persons listed in the FOR FURTHER INFORMATION CONTACT section, above. This rule will not create inconsistencies or otherwise interfere with an action taken or planned by another agency. This rule does not change the relationships of the onshore minerals programs with other agencies’ actions. These relationships are included in agreements and memoranda of understanding that would not change with this rule. In addition, this final rule does not materially affect the budgetary impact of entitlements, grants, or loan programs, or the rights and obligations of their recipients. This rule does apply an inflation factor that increases some existing user fees for processing documents associated with the onshore minerals programs. However, these fee increases are less than 3% and do not materially affect the budgetary impact of user fees. Finally, this rule will not raise novel legal issues. As explained above, this rule simply implements an annual process to account for inflation that was proposed and explained in the 2005 cost recovery rule. The Regulatory Flexibility Act This final rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. For the purposes of this section, a small entity is defined by the Small Business Administration (SBA) for mining (broadly inclusive of metal mining, coal mining, oil and gas extraction, and the mining and quarrying of nonmetallic minerals) as an individual, limited partnership, or small company considered to be at arm’s length from the control of any parent VerDate Aug<31>2005 16:35 Sep 22, 2008 Jkt 214001 companies, with fewer than 500 employees. The SBA defines a small entity differently, however, for leasing Federal land for coal mining. A coal lessee is a small entity if it employs not more than 250 people, including people working for its affiliates. The SBA would consider many, if not most, of the operators the BLM works with in the onshore minerals programs to be small entities. The BLM notes that this final rule does not affect service industries, for which the SBA has a different definition of ‘‘small entity.’’ The final rule will affect a large number of small entities since nearly all of them will face fee increases for activities on public lands. However, we have concluded that the effects will not be significant. The average increase in the fixed fees will be less than 3 percent as a result of this final rule. The adjustments result in no increase in the fee for processing of 28 documents relating to the BLM’s minerals programs. The highest adjustment is for mineral patent adjudications involving more than 10 mining claims, which will be increased by $70.00. For the 2005 final rule, the BLM completed a threshold analysis which is available for public review in the administrative record for that rule. (For instructions on how to view a copy of that analysis, please contact one of the persons listed in the FOR FURTHER INFORMATION CONTACT section, above.) The analysis for the 2005 rule concluded that the fees would not have a significant economic effect on a substantial number of small entities. The fee increases implemented in today’s rule are substantially smaller than those provided for in the 2005 rule or in the 2007 update, which adjusted the fees after two years rather than one. The Small Business Regulatory Enforcement Fairness Act This final rule is not a ‘‘major rule’’ as defined at 5 U.S.C. 804(2). The final rule will not have an annual effect on the economy greater than $100 million; it will not result in major cost or price increases for consumers, industries, government agencies, or regions; and it 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. For the 2005 final rule, which established the fee adjustment procedure that this rule implements, the BLM completed a threshold analysis, which is available for public review in the administrative record for that rule. The fee increases implemented in today’s rule are substantially smaller than those provided for in the 2005 rule PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 54719 or in the 2007 update, which adjusted the fees after two years rather than one. Executive Order 13132, Federalism This final rule will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. In accordance with Executive Order 13132, therefore, we find that the final rule does not have significant Federalism effects. A Federalism assessment is not required. The Paperwork Reduction Act of 1995 These regulations contain information collection requirements. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), we submitted a copy of the proposed information collection requirements to the Office of Management and Budget (OMB) for review. The OMB approved the information collection requirements under the following Control Numbers: Oil and Gas (1) 1004–0034 which expires April 30, 2009; (2) 1004–0074 which expires December 31, 2009; (3) 1004–0137 which expires July 31, 2010; (4) 1004–0162 which expires February 28, 2009; (5) 1004–0185 which expires July 31, 2009; Geothermal (6) 1004–0132 which expires July 31, 2010; Coal (7) 1004–0073 which expires March 31, 2010; Mining Claims (8) 1004–0025 which expires November 30, 2009; (9) 1004–0114 which expires February 28, 2010; and Leasing of Solid Minerals Other Than Oil Shale (10) 1004–0121 which expires November 30, 2009. Takings Implication Assessment (Executive Order 12630) As required by Executive Order 12630, the Department of the Interior has determined that this rule will not cause a taking of private property. No private property rights will be affected by a rule that merely reports changes in service fees. The Department therefore certifies that this final rule does not represent a governmental action capable of interference with constitutionally protected property rights. E:\FR\FM\23SER1.SGM 23SER1 54720 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations Civil Justice Reform (Executive Order 12988) In accordance with Executive Order 12988, the BLM finds that this final rule will not unduly burden the judicial system and meets the requirements of Sections 3(a) and 3(b)(2) of the Executive Order. The National Environmental Policy Act (NEPA) The BLM has determined that this final rule is administrative and involves only procedural changes addressing fee requirements. In promulgating this rule, the government is conducting routine and continuing government business of an administrative nature having limited context and intensity. Therefore, it is categorically excluded from environmental review under Section 102(2)(C) of NEPA, pursuant to 516 DM 2.3A and 516 DM 2, Appendix 1, Items 1.7 and 1.10. In addition, the final rule does not meet any of the 10 criteria 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 Department of the Interior, the term ‘‘categorical exclusions’’ means categories of actions which do not individually or cumulatively have a significant effect on the human environment and which have been determined to have no such effect in procedures adopted by a Federal agency, and therefore require neither an environmental assessment nor an environmental impact statement. jlentini on PROD1PC65 with RULES The Unfunded Mandates Reform Act of 1995 The BLM has determined that this final rule is not significant under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, because it will not result in state, local, private sector, or tribal government expenditures of $100 million or more in any one year. This rule will not significantly or uniquely affect small governments. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.). Consultation and Coordination With Indian Tribal Governments (Executive Order 13175) In accordance with Executive Order 13175, the BLM has determined that this final rule does not include policies that have tribal implications. A key factor is whether the rule would have substantial direct effects on one or more Indian tribes. The BLM has not found VerDate Aug<31>2005 16:35 Sep 22, 2008 Jkt 214001 any substantial direct effects. Consequently, the BLM did not utilize the consultation process set forth in section 5 of the Executive Order. Information Quality Act In developing this rule, we did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act (Pub. L. 106– 554). Effects on the Nation’s Energy Supply (Executive Order 13211) In accordance with Executive Order 13211, the BLM has determined that this final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The distribution of or use of energy would not be unduly affected by this final rule. It merely adjusts certain administrative cost recovery fees to account for inflation. Author The principal author of this rule is Tim Spisak, Division of Fluid Minerals, assisted by Cynthia Ellis of the Division of Regulatory Affairs, Bureau of Land Management. List of Subjects in 43 CFR Part 3000 Public lands—mineral resources, Reporting and recordkeeping requirements. Dated: September 11, 2008. Julie A. Jacobson, Acting Assistant Secretary—Land and Minerals Management. For reasons stated in the preamble, the Bureau of Land Management amends 43 CFR Chapter II as follows: ■ PART 3000—MINERALS MANAGEMENT: GENERAL 1. The authority citation for part 3000 continues to read as follows: ■ Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301–306, 351–359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97–35, 95 Stat. 357. Subpart 3000—General 2. Revise § 3000.12 (a) to read as follows: ■ § 3000.12 What is the fee schedule for fixed fees? (a) The table in this section shows the fixed fees that you must pay to BLM for the services listed for Fiscal Year 2009. These fees are nonrefundable and must be included with documents you file under this chapter. Fees will be adjusted annually according to the change in the Implicit Price Deflator for Gross PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Domestic Product (IPD–GDP) by way of publication of a final rule in the Federal Register, and will subsequently be posted on the BLM Web site (http:// www.blm.gov) before October 1 each year. Revised fees are effective each year on October 1. FY 2009 PROCESSING AND FILING FEE TABLE Document/action Oil & Gas (parts 3100, 3110, 3120, 3130, 3150): Noncompetitive lease application ................................. Competitive lease application Assignment and transfer of record title or operating rights .................................. Overriding royalty transfer, payment out of production Name change, corporate merger or transfer to heir/ devisee .............................. Lease consolidation .............. Lease renewal or exchange Lease reinstatement, Class I Leasing under right-of-way ... Geophysical exploration permit application—Alaska ..... Renewal of exploration permit—Alaska ....................... Geothermal (part 3200): Noncompetitive lease application ................................. Competitive lease application Assignment and transfer of record title or operating rights .................................. Name change, corporate merger or transfer to heir/ devisee .............................. Lease consolidation .............. Lease reinstatement ............. Nomination of lands .............. plus per acre nomination fee .................................. Site license application ......... Assignment or transfer of site license ............................... Coal (parts 3400, 3470): License to mine application .. Exploration license application ..................................... Lease or lease interest transfer ...................................... Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580): Applications other than those listed below ........................ Prospecting permit application amendment ................. Extension of prospecting permit ...................................... Lease modification or fringe acreage lease .................... Lease renewal ....................... Assignment, sublease, or transfer of operating rights Transfer of overriding royalty Use permit ............................. E:\FR\FM\23SER1.SGM 23SER1 FY 2009 fee $365 140 80 10 190 405 365 70 365 25 25 365 140 80 190 405 70 10 0.10 55 55 10 300 60 35 60 100 25 470 25 25 25 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations FY 2009 PROCESSING AND FILING FEE Atlantic Highly Migratory Species (HMS) pelagic longline (PLL) and TABLE—Continued Document/action Shasta and Trinity hardrock mineral lease ..................... Renewal of existing sand and gravel lease in Nevada ..... Multiple Use; Mining (part 3730): Notice of protest of placer mining operations .............. Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870): Application to open lands to location .............................. Notice of location* ................. Amendment of location ......... Transfer of mining claim/site Recording an annual FLPMA filing ................................... Deferment of assessment work ................................... Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ............................ Mineral patent adjudication ... Adverse claim ....................... Protest ................................... FY 2009 fee 25 25 10 10 15 10 10 10 100 25 2,760 (more than 10 claims) 1,380 (10 or fewer claims) 100 60 * To record a mining claim or site location, you must pay this processing fee along with the initial maintenance fee and the one-time location fee required by statute. (43 CFR part 3833). [FR Doc. E8–22255 Filed 9–22–08; 8:45 am] BILLING CODE 4310–84–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 600 and 635 [Docket No. 070801432–8663–02] RIN 0648–AV92 Atlantic Highly Migratory Species; Atlantic Tuna Fisheries; Pelagic and Bottom Longline Fisheries; Gear Authorization and Turtle Control Devices National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: NMFS authorizes green-stick gear for the harvest of Atlantic tunas, including bluefin tuna (BFT), and requires a sea turtle control device in VerDate Aug<31>2005 16:35 Sep 22, 2008 Jkt 214001 bottom longline (BLL) fisheries. At this time, NMFS is not authorizing harpoon gear for the harvest of Atlantic tunas in the Highly Migratory Species (HMS) Charter/Headboat (CHB) category as originally proposed. The purpose of this final rule is to ensure fishermen harvest Atlantic tunas within quotas, size limits, or other established limitations and to distinguish green-stick fishing gear from current definitions of other authorized gear types. This final rule also addresses use of sea turtle control devices in the PLL and BLL fisheries to achieve and maintain low post-release mortality of sea turtles thus maintaining consistency with the 2004 Biological Opinion (BiOp) for the Atlantic PLL fishery and to increase safety at sea for fishermen when handling sea turtles caught or entangled in longline fishing gear. NMFS also has revised its list of equipment models that NMFS has approved as meeting the minimum design specifications for the careful release of sea turtles caught in hook and line fisheries. DATES: The amendments to § 600.725; § 635.2; § 635.21 introductory text (first sentence), (c)(2)(v)(A), (c)(2)(v)(B), (c)(5)(iii)(C)(3), (e)(1)(ii), (e)(1)(iii), (e)(1)(v), (g); and § 635.71 are effective on October 23, 2008. The amendments to § 635.21 introductory text (second sentence), (c)(2)(v)(D), (c)(2)(v)(G), (c)(5)(i) introductory text, (c)(5)(i)(M), (c)(5)(ii)(A), and (c)(5)(ii)(C)(1) are effective on January 1, 2009. ADDRESSES: For copies of the Final Environmental Assessment (EA), or other related documents, please write to the Highly Migratory Species Management Division, 1315 East-West Highway, Silver Spring, MD 20910, or call at (301)713-2347 or fax to (301)713-1917. Copies are also available on the HMS website at http:// www.nmfs.noaa.gov/sfa/hms/. FOR FURTHER INFORMATION CONTACT: Randy Blankinship, 727-824-5399, or Sarah McLaughlin, 978-281-9260. SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). ATCA authorizes the Secretary of Commerce (Secretary) to promulgate regulations, as may be necessary and appropriate, to implement recommendations by the International Commission for the Conservation of Atlantic Tunas (ICCAT). The authority to issue regulations under the Magnuson-Stevens Act and ATCA has PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 54721 been delegated from the Secretary to the Assistant Administrator for Fisheries, NOAA (AA). The implementing regulations for Atlantic HMS are at 50 CFR parts 600 and 635. On May 28, 1999, NMFS published in the Federal Register (64 FR 29090) final regulations, effective July 1, 1999, implementing the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 FMP). Among other things, these regulations included a list of fishing gears authorized for harvest of HMS. On October 2, 2006, NMFS published in the Federal Register final regulations (71 FR 58058), effective November 1, 2006, implementing the ‘‘Final Consolidated Atlantic HMS Fishery Management Plan’’ (Consolidated HMS FMP), which consolidated the management of all Atlantic HMS (i.e., sharks, swordfish, tunas, and billfish) into one comprehensive FMP. Background Background information about green-stick gear authorization and sea turtle control device requirements was provided in the preamble to the proposed rule (73 FR 24924; May 6, 2008). Please see the proposed rule for complete background information. This final rule: (1) authorizes green-stick gear for the harvest of Atlantic tunas by Atlantic Tunas General category permitted vessels; (2) authorizes green-stick gear for the harvest of Atlantic tunas by HMS CHB permitted vessels; (3) authorizes green-stick gear for harvest of Atlantic tunas by Atlantic Tunas Longline category permitted vessels (but continues to restrict BFT retention to incidental retention only); and (4) requires possession and use of a sea turtle control device as an addition to the already existing requirements for sea turtle bycatch mitigation gear in PLL and BLL fisheries. This action is published in accordance with the framework procedures set forth in the Consolidated HMS FMP and is supported by the analytical documents prepared for the Consolidated HMS FMP. As described in the Response to Comments and Changes from the Proposed Rule sections of this document, NMFS has reconsidered the proposed rule preferred alternative regarding authorization of harpoon use on HMS CHB vessels and has decided to maintain the status quo for regulations regarding authorized harpoon use as Atlantic tuna fishing gear. E:\FR\FM\23SER1.SGM 23SER1

Agencies

[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Pages 54717-54721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22255]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3000

[WO-310-1310-PP-24 1A]
RIN 1004-AE01


Minerals Management: Adjustment of Cost Recovery Fees

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule amends the Bureau of Land Management (BLM) 
mineral resources regulations to update some fees that cover the BLM's 
cost of processing certain documents relating to its mineral programs 
and some filing fees for mineral-related documents. These updates 
include fees for actions such as lease applications, name changes, 
corporate mergers, and lease consolidations.

DATES: Effective date: This final rule is effective October 1, 2008.

FOR FURTHER INFORMATION CONTACT: Tim Spisak, Chief, Division of Fluid 
Minerals, 202-452-5061, or Cynthia Ellis, Regulatory Affairs 
Specialist, (202) 452-5012. Persons who use a telecommunications device 
for the deaf (TDD) may leave a message for these individuals with the 
Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a 
day, 7 days a week.

ADDRESSES: You may send inquiries or suggestions to Director (630), 
Bureau of Land Management, MS-LS 401, 1849 C Street, NW., Washington, 
DC 20240; Attention: RIN 1004-AE01.

SUPPLEMENTARY INFORMATION:

Background

    The BLM has specific authority to charge fees for processing 
applications and other documents relating to public lands under Section 
304 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 
U.S.C. 1734. In 2005, the BLM published a final cost recovery rule (70 
FR 58854) establishing or revising certain fees and service charges, 
and establishing the method it would use to adjust those fees and 
service charges on an annual basis.
    At 43 CFR 3000.12(a), the regulations provide that the BLM will 
annually adjust fees established in Subchapter C according to changes 
in the Implicit Price Deflator for Gross Domestic Product (IPD-GDP), 
which is published quarterly by the U.S. Department of Commerce. (See 
also 43 CFR 3000.10.) Because the fee recalculations are simply based 
on a mathematical formula, we have changed the fees in a final rule 
without providing opportunity for notice and comment. This final rule 
will allow the BLM to update these fees and service charges by October 
1 of this year, as required by the 2005 regulation. The public had an 
opportunity to comment on this procedure during the comment period on 
the original cost recovery rule, and this new rule simply administers 
the procedure set forth in those regulations. The Department of the 
Interior, therefore, for good cause finds under 5 U.S.C. 553(b)(B) and 
(d)(3) that notice and public comment procedures are unnecessary, and 
that the rule may be effective less than 30 days after publication.

Discussion of Final Rule

    BLM's first fee update rule became effective on October 1, 2007. 72 
FR 50882 (Sept. 5, 2007). The fee updates effective each October 1 are 
based on the IPD-GDP for the 4th Quarter of the preceding calendar 
year. See 72 FR 50882. This fee update is based on the IPD-GDP for 4th 
Quarter 2007, thus reflecting inflation over the four calendar quarters 
since 4th Quarter 2006.
    This rule also includes a minor amendment to BLM's stated method of 
rounding numbers to arrive at the final fee. The final 2005 and 2007 
rules stated that values would be rounded ``to the nearest $5.00.'' 70 
FR 58855; 72 FR 50884. In this rule we adjust for the first time the 
geothermal nomination fee of $100 plus $0.10 per acre nominated.\1\ 
Because rounding the adjusted value for a fee of $0.10 to the nearest 
$5.00 cannot be sensibly implemented, we will round values for fees 
under $1.00 to the nearest penny. Pursuant to the Administrative 
Procedure Act, 5 U.S.C. section 553(b)(B), BLM finds that notice and 
public comment procedure on this point are unnecessary because this is 
a minor revision that is consistent with general business practices. 
Moreover, BLM did not receive any comments on rounding when it proposed 
to round fees down or up to the nearest $5.00 in the 2005 proposed 
rule. 70 FR 41540. The Attorney General's Manual on the APA states that 
the term ``unnecessary'' in 5 U.S.C. section 553(b)(B) ``refers to the 
issuance of a minor rule or amendment in which the public is not 
particularly interested.'' FEDERAL ADMINISTRATIVE PROCEDURE SOURCEBOOK 
63 (William F. Funk, Jeffrey S. Lubbers & Charles Pou, Jr., eds., ABA 
Publishing 3d ed. 2000). BLM has determined that this amendment falls 
within that category.
---------------------------------------------------------------------------

    \1\ When the 2007 cost recovery fee update rule was issued, we 
did not update this fee because it had been in effect less than one 
year. 72 FR 50884 n.9 (table).
---------------------------------------------------------------------------

    The calculations that resulted in the new fees are included in the 
table below.

                                          Fixed Cost Recovery Fees FY09
----------------------------------------------------------------------------------------------------------------
                                                                             IPD-GDP
                Document/action                    Existing     Existing     increase    New value   New fee \6\
                                                   fee \2\     value \3\       \4\          \5\
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
    Noncompetitive lease application...........         $360      $357.88        $9.20      $367.08         $365
    Competitive lease application..............          140       138.88         3.57       142.45          140
    Assignment and transfer of record title or            80        80.12         2.06        82.18           80
     operating rights..........................
    Overriding royalty transfer, payment out of           10        10.68         0.27        10.95           10
     production................................
    Name change, corporate merger or transfer            185       186.95         4.80       191.75          190
     to heir/devisee...........................
    Lease consolidation........................          395       395.27        10.16       405.43          405
    Lease renewal or exchange..................          360       357.88         9.20       367.08          365
    Lease reinstatement, Class I...............           70        69.44         1.78        71.22           70
    Leasing under right-of-way.................          360       357.88         9.20       367.08          365
    Geophysical exploration permit application--          25  ...........  ...........  ...........       \7\ 25
     Alaska....................................
    Renewal of exploration permit--Alaska......           25  ...........  ...........  ...........       \8\ 25
Geothermal (part 3200):

[[Page 54718]]

 
    Noncompetitive lease application...........          360       357.88         9.20       367.08          365
    Competitive lease application..............          140       138.88         3.57       142.45          140
    Assignment and transfer of record title or            80        80.12         2.06        82.18           80
     operating right...........................
    Name change, corporate merger or transfer            185       186.95         4.80       191.75          190
     to heir/devisee...........................
    Lease consolidation........................          395       395.27        10.16       405.43          405
    Lease reinstatement........................           70        69.44         1.78        71.22           70
    Nomination of lands........................          100          100         2.57       102.57          105
        plus per acre nomination fee...........         0.10         0.10      0.00257      0.10257          .10
    Site license application...................           55        53.42         1.37        54.79           55
    Assignment or transfer of site license.....           55        53.42         1.37        54.79           55
Coal (parts 3400, 3470):
    License to mine application................           10        10.68         0.27        10.95           10
    Exploration license application............          295       293.78         7.55       301.33          300
    Lease or lease interest transfer...........           60        58.76         1.51        60.27           60
Leasing of Solid Minerals Other Than Coal and
 Oil Shale (parts 3500, 3580):
    Applications other than those listed below.           30        32.05         0.82        32.87           35
    Prospecting permit application amendment...           60        58.76         1.51        60.27           60
    Extension of prospecting permit............           95        96.15         2.47        98.62          100
    Lease modification or fringe acreage lease.           25        26.71         0.69        27.40           25
    Lease renewal..............................          460       459.37        11.81       471.18          470
    Assignment, sublease, or transfer of                  25        26.71         0.69        27.40           25
     operating rights..........................
    Transfer of overriding royalty.............           25        26.71         0.69        27.40           25
    Use permit.................................           25        26.71         0.69        27.40           25
    Shasta and Trinity hardrock mineral lease..           25        26.71         0.69        27.40           25
    Renewal of existing sand and gravel lease             25        26.71         0.69        27.40           25
     in Nevada.................................
Multiple Use; Mining (Group 3700):
    Notice of protest of placer mining                    10        10.68         0.27        10.95           10
     operations................................
Mining Law Administration (parts 3800, 3810,
 3830, 3850, 3860, 3870):
    Application to open lands to location......           10        10.68         0.27        10.95           10
    Notice of Location.........................           15        16.02         0.41        16.43           15
    Amendment of location......................           10        10.68         0.27        10.95           10
    Transfer of mining claim/site..............           10        10.68         0.27        10.95           10
    Recording an annual FLPMA filing...........           10        10.68         0.27        10.95           10
    Deferment of assessment work...............           95        96.15         2.47        98.62          100
    Recording a notice of intent to locate                25        26.71         0.69        27.40           25
     mining claims on Stockraising Homestead
     Act lands.................................
    Mineral patent adjudication................
        (more than 10 claims)..................        2,690     2,692.12        69.19     2,761.31        2,760
        (10 or fewer claims)...................        1,345     1,346.06        34.59     1,380.65        1,380
    Adverse claim..............................           95        96.15         2.47        98.62          100
    Protest....................................           60        58.76         1.51        60.27           60
----------------------------------------------------------------------------------------------------------------
Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of
  Economic Analysis.

How Fees Are Adjusted

    The figures in the ``New Value'' column in the table above, not 
those in the ``New Fee'' column, will be used in the following year as 
the basis for calculating the annual adjustment to these fees. Because 
the new values are rounded to the nearest $5.00, or the nearest penny 
for fees under $1.00 (see above), in setting the new fees, future fees 
based on the figures in the ``New Fee'' column would become 
significantly over-or-under-valued over time. In today's rule, the 
figures in the Existing Value column are from the New Value column in 
the final rule of September 5, 2007. However, if the ``New Value'' 
column is blank because the fee was not updated in this rule, future 
adjustments will be based on the figures in the ``New Fee'' column. 
Adjustments to future fees will be made by multiplying the annual 
change in the IPD-GDP by the reported New Value in the previous year's 
rule. This calculation will define a new value for that year, which 
will then be rounded to the nearest $5.00, or the nearest penny for 
fees under $1.00, to establish the new adjusted fee.
---------------------------------------------------------------------------

    \2\ The Existing Fee was established by the 2007 cost recovery 
fee update rule published September 5, 2007 (72 FR 50882), effective 
October 1, 2007.
    \3\ The Existing Value is the figure from the ``New Value'' 
column in the rule published September 5, 2007 (72 FR 50882).
    \4\ From 4th Quarter 2006 (117.522) to 4th Quarter 2007 
(120.542) the IPD-GDP increased by 2.57%. The value in the IPD-GDP 
Increase column is 2.57% of the Existing Fee.
    \5\ The sum of the Existing Value and IPD-GDP Increase is the 
New Value.
    \6\ The New Fee for 2009 is the New Value rounded to the nearest 
$5.00.
    \7\ Section 365 of the Energy Policy Act of 2005 (Pub. L. 109-
58) directed in subsection (i) that ``the Secretary shall not 
implement a rulemaking that would enable an increase in fees to 
recover additional costs related to processing drilling-related 
permit applications and use authorizations.'' In the 2005 cost 
recovery rule, the BLM interpreted this prohibition to apply to 
geophysical exploration permits. 70 FR 58854-58855. While the $25 
fees for geophysical exploration permit applications for Alaska and 
renewals of exploration permits for Alaska pre-dated the 2005 cost 
recovery rule and were not affected by the Energy Policy Act 
prohibition, we interpret the provision quoted as prohibiting us 
from increasing this $25 fee.
    \8\ We interpret the Energy Policy Act prohibition discussed in 
footnote 7, above, as prohibiting us from increasing this $25 fee, 
as well.
---------------------------------------------------------------------------

Procedural Matters

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and the Office of 
Management and

[[Page 54719]]

Budget has not reviewed this rule under Executive Order 12866. We have 
made the assessments required by E.O. 12866 and the results are given 
below.
    The BLM has determined that the rule will not have an annual effect 
on the economy of $100 million or more. It will not 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. The changes in today's 
rule are much smaller than those in the 2005 or 2007 final rules, which 
did not approach the threshold in E.O. 12866.
    For instructions on how to view a copy of the analysis prepared in 
conjunction with the 2005 final rule, please contact one of the persons 
listed in the FOR FURTHER INFORMATION CONTACT section, above.
    This rule will not create inconsistencies or otherwise interfere 
with an action taken or planned by another agency. This rule does not 
change the relationships of the onshore minerals programs with other 
agencies' actions. These relationships are included in agreements and 
memoranda of understanding that would not change with this rule.
    In addition, this final rule does not materially affect the 
budgetary impact of entitlements, grants, or loan programs, or the 
rights and obligations of their recipients. This rule does apply an 
inflation factor that increases some existing user fees for processing 
documents associated with the onshore minerals programs. However, these 
fee increases are less than 3% and do not materially affect the 
budgetary impact of user fees.
    Finally, this rule will not raise novel legal issues. As explained 
above, this rule simply implements an annual process to account for 
inflation that was proposed and explained in the 2005 cost recovery 
rule.

The Regulatory Flexibility Act

    This final rule will not have a significant economic effect on a 
substantial number of small entities as defined under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). A Regulatory Flexibility 
Analysis is not required. Accordingly, a Small Entity Compliance Guide 
is not required. For the purposes of this section, a small entity is 
defined by the Small Business Administration (SBA) for mining (broadly 
inclusive of metal mining, coal mining, oil and gas extraction, and the 
mining and quarrying of nonmetallic minerals) as an individual, limited 
partnership, or small company considered to be at arm's length from the 
control of any parent companies, with fewer than 500 employees. The SBA 
defines a small entity differently, however, for leasing Federal land 
for coal mining. A coal lessee is a small entity if it employs not more 
than 250 people, including people working for its affiliates.
    The SBA would consider many, if not most, of the operators the BLM 
works with in the onshore minerals programs to be small entities. The 
BLM notes that this final rule does not affect service industries, for 
which the SBA has a different definition of ``small entity.''
    The final rule will affect a large number of small entities since 
nearly all of them will face fee increases for activities on public 
lands. However, we have concluded that the effects will not be 
significant. The average increase in the fixed fees will be less than 3 
percent as a result of this final rule. The adjustments result in no 
increase in the fee for processing of 28 documents relating to the 
BLM's minerals programs. The highest adjustment is for mineral patent 
adjudications involving more than 10 mining claims, which will be 
increased by $70.00. For the 2005 final rule, the BLM completed a 
threshold analysis which is available for public review in the 
administrative record for that rule. (For instructions on how to view a 
copy of that analysis, please contact one of the persons listed in the 
FOR FURTHER INFORMATION CONTACT section, above.) The analysis for the 
2005 rule concluded that the fees would not have a significant economic 
effect on a substantial number of small entities. The fee increases 
implemented in today's rule are substantially smaller than those 
provided for in the 2005 rule or in the 2007 update, which adjusted the 
fees after two years rather than one.

The Small Business Regulatory Enforcement Fairness Act

    This final rule is not a ``major rule'' as defined at 5 U.S.C. 
804(2). The final rule will not have an annual effect on the economy 
greater than $100 million; it will not result in major cost or price 
increases for consumers, industries, government agencies, or regions; 
and it 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. For 
the 2005 final rule, which established the fee adjustment procedure 
that this rule implements, the BLM completed a threshold analysis, 
which is available for public review in the administrative record for 
that rule. The fee increases implemented in today's rule are 
substantially smaller than those provided for in the 2005 rule or in 
the 2007 update, which adjusted the fees after two years rather than 
one.

Executive Order 13132, Federalism

    This final rule will not have a substantial direct effect on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. In accordance with Executive Order 13132, 
therefore, we find that the final rule does not have significant 
Federalism effects. A Federalism assessment is not required.

The Paperwork Reduction Act of 1995

    These regulations contain information collection requirements. As 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.), we submitted a copy of the proposed information collection 
requirements to the Office of Management and Budget (OMB) for review. 
The OMB approved the information collection requirements under the 
following Control Numbers:

Oil and Gas
    (1) 1004-0034 which expires April 30, 2009;
    (2) 1004-0074 which expires December 31, 2009;
    (3) 1004-0137 which expires July 31, 2010;
    (4) 1004-0162 which expires February 28, 2009;
    (5) 1004-0185 which expires July 31, 2009;
Geothermal
    (6) 1004-0132 which expires July 31, 2010;
Coal
    (7) 1004-0073 which expires March 31, 2010;
Mining Claims
    (8) 1004-0025 which expires November 30, 2009;
    (9) 1004-0114 which expires February 28, 2010; and
Leasing of Solid Minerals Other Than Oil Shale
    (10) 1004-0121 which expires November 30, 2009.

Takings Implication Assessment (Executive Order 12630)

    As required by Executive Order 12630, the Department of the 
Interior has determined that this rule will not cause a taking of 
private property. No private property rights will be affected by a rule 
that merely reports changes in service fees. The Department therefore 
certifies that this final rule does not represent a governmental action 
capable of interference with constitutionally protected property 
rights.

[[Page 54720]]

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the BLM finds that this 
final rule will not unduly burden the judicial system and meets the 
requirements of Sections 3(a) and 3(b)(2) of the Executive Order.

The National Environmental Policy Act (NEPA)

    The BLM has determined that this final rule is administrative and 
involves only procedural changes addressing fee requirements. In 
promulgating this rule, the government is conducting routine and 
continuing government business of an administrative nature having 
limited context and intensity. Therefore, it is categorically excluded 
from environmental review under Section 102(2)(C) of NEPA, pursuant to 
516 DM 2.3A and 516 DM 2, Appendix 1, Items 1.7 and 1.10. In addition, 
the final rule does not meet any of the 10 criteria 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 Department 
of the Interior, the term ``categorical exclusions'' means categories 
of actions which do not individually or cumulatively have a significant 
effect on the human environment and which have been determined to have 
no such effect in procedures adopted by a Federal agency, and therefore 
require neither an environmental assessment nor an environmental impact 
statement.

The Unfunded Mandates Reform Act of 1995

    The BLM has determined that this final rule is not significant 
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, because 
it will not result in state, local, private sector, or tribal 
government expenditures of $100 million or more in any one year. This 
rule will not significantly or uniquely affect small governments. 
Therefore, the BLM is not required to prepare a statement containing 
the information required by the Unfunded Mandates Reform Act (2 U.S.C. 
1501 et seq.).

Consultation and Coordination With Indian Tribal Governments (Executive 
Order 13175)

    In accordance with Executive Order 13175, the BLM has determined 
that this final rule does not include policies that have tribal 
implications. A key factor is whether the rule would have substantial 
direct effects on one or more Indian tribes. The BLM has not found any 
substantial direct effects. Consequently, the BLM did not utilize the 
consultation process set forth in section 5 of the Executive Order.

Information Quality Act

    In developing this rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Information 
Quality Act (Pub. L. 106-554).

Effects on the Nation's Energy Supply (Executive Order 13211)

    In accordance with Executive Order 13211, the BLM has determined 
that this final rule is not likely to have a significant adverse effect 
on the supply, distribution, or use of energy. The distribution of or 
use of energy would not be unduly affected by this final rule. It 
merely adjusts certain administrative cost recovery fees to account for 
inflation.

Author

    The principal author of this rule is Tim Spisak, Division of Fluid 
Minerals, assisted by Cynthia Ellis of the Division of Regulatory 
Affairs, Bureau of Land Management.

List of Subjects in 43 CFR Part 3000

    Public lands--mineral resources, Reporting and recordkeeping 
requirements.

    Dated: September 11, 2008.
Julie A. Jacobson,
Acting Assistant Secretary--Land and Minerals Management.

0
For reasons stated in the preamble, the Bureau of Land Management 
amends 43 CFR Chapter II as follows:

PART 3000--MINERALS MANAGEMENT: GENERAL

0
1. The authority citation for part 3000 continues to read as follows:

    Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et 
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95 
Stat. 357.

Subpart 3000--General

0
2. Revise Sec.  3000.12 (a) to read as follows:


Sec.  3000.12  What is the fee schedule for fixed fees?

    (a) The table in this section shows the fixed fees that you must 
pay to BLM for the services listed for Fiscal Year 2009. These fees are 
nonrefundable and must be included with documents you file under this 
chapter. Fees will be adjusted annually according to the change in the 
Implicit Price Deflator for Gross Domestic Product (IPD-GDP) by way of 
publication of a final rule in the Federal Register, and will 
subsequently be posted on the BLM Web site (http://www.blm.gov) before 
October 1 each year. Revised fees are effective each year on October 1.

                 FY 2009 Processing and Filing Fee Table
------------------------------------------------------------------------
                      Document/action                        FY 2009 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
  Noncompetitive lease application.........................         $365
  Competitive lease application............................          140
  Assignment and transfer of record title or operating                80
   rights..................................................
  Overriding royalty transfer, payment out of production...           10
  Name change, corporate merger or transfer to heir/devisee          190
  Lease consolidation......................................          405
  Lease renewal or exchange................................          365
  Lease reinstatement, Class I.............................           70
  Leasing under right-of-way...............................          365
  Geophysical exploration permit application--Alaska.......           25
  Renewal of exploration permit--Alaska....................           25
Geothermal (part 3200):
  Noncompetitive lease application.........................          365
  Competitive lease application............................          140
  Assignment and transfer of record title or operating                80
   rights..................................................
  Name change, corporate merger or transfer to heir/devisee          190
  Lease consolidation......................................          405
  Lease reinstatement......................................           70
  Nomination of lands......................................           10
    plus per acre nomination fee...........................         0.10
  Site license application.................................           55
  Assignment or transfer of site license...................           55
Coal (parts 3400, 3470):
  License to mine application..............................           10
  Exploration license application..........................          300
  Lease or lease interest transfer.........................           60
Leasing of Solid Minerals Other Than Coal and Oil Shale
 (parts 3500, 3580):
  Applications other than those listed below...............           35
  Prospecting permit application amendment.................           60
  Extension of prospecting permit..........................          100
  Lease modification or fringe acreage lease...............           25
  Lease renewal............................................          470
  Assignment, sublease, or transfer of operating rights....           25
  Transfer of overriding royalty...........................           25
  Use permit...............................................           25

[[Page 54721]]

 
  Shasta and Trinity hardrock mineral lease................           25
  Renewal of existing sand and gravel lease in Nevada......           25
Multiple Use; Mining (part 3730):
  Notice of protest of placer mining operations............           10
Mining Law Administration (parts 3800, 3810, 3830, 3850,
 3860, 3870):
  Application to open lands to location....................           10
  Notice of location*......................................           15
  Amendment of location....................................           10
  Transfer of mining claim/site............................           10
  Recording an annual FLPMA filing.........................           10
  Deferment of assessment work.............................          100
  Recording a notice of intent to locate mining claims on             25
   Stockraising Homestead Act lands........................
  Mineral patent adjudication..............................  2,760 (more
                                                                 than 10
                                                                 claims)
                                                               1,380 (10
                                                                or fewer
                                                                 claims)
  Adverse claim............................................          100
  Protest..................................................           60
------------------------------------------------------------------------
* To record a mining claim or site location, you must pay this
  processing fee along with the initial maintenance fee and the one-time
  location fee required by statute. (43 CFR part 3833).

[FR Doc. E8-22255 Filed 9-22-08; 8:45 am]
BILLING CODE 4310-84-P