Minerals Management: Adjustment of Cost Recovery Fees, 54717-54721 [E8-22255]
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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
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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
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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).
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23SER1
New fee 6
$365
140
80
10
190
405
365
70
365
7 25
8 25
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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 (https://
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 .............................
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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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
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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 (https://www.blm.gov) before
October 1 each year. Revised fees are effective each year on October 1.
FY 2009 Processing and Filing Fee Table
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Document/action FY 2009 fee
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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
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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
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* 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
