Outer Continental Shelf-Technical Corrections, 46904-46910 [E9-22027]
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46904
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations
(B) Examples. The following
examples illustrate the application of
paragraph (c)(2)(iii)(A) of this section:
Amendments to the Regulations
Accordingly, 26 CFR part 301 is
amended as follows:
■
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7701–2 is
amended by:
■ 1. Revising paragraphs (c)(2)(iii) and
(c)(2)(iv)(B).
■ 2. Redesignating paragraph (c)(2)(v)(B)
as paragraph (c)(2)(v)(C) and added new
paragraph (c)(2)(v)(B).
■ 3. In newly-designated paragraph
(c)(2)(v)(C), Example (iv) is added.
■ 4. Revising paragraph (e)(2).
The additions and revisions read as
follows:
■
§ 301.7701–2
definitions.
Business entities;
*
*
*
*
*
(c) * * *
(2) * * *
(iii) [Reserved]. For further guidance,
see § 301.7701–2T(c)(2)(iii).
(iv) * * *
(B) [Reserved]. For further guidance,
see § 301.7701–2T(c)(2)(iv)(B).
*
*
*
*
*
(v) * * *
(B) [Reserved]. For further guidance,
see § 301.7701–2T(c)(2)(v)(B).
(C) * * *
(iv) [Reserved]. For further guidance,
see § 301.7701–2T(c)(2)(v)(C) Example
(iv).
*
*
*
*
*
(e) * * *
(2) [Reserved]. For further guidance,
see § 301.7701–2T(e)(2).
*
*
*
*
*
■ Par. 3. Section 301.7701–2T is added
to read as follows:
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§ 301.7701–2T Business entities;
definitions (temporary).
(a) through (c)(2)(ii) [Reserved]. For
further guidance, see § 301.7701–2(a)
through (c)(2)(ii).
(iii) Tax liabilities of certain
disregarded entities—(A) In general. An
entity that is disregarded as separate
from its owner for any purpose under
§ 301.7701–2 is treated as an entity
separate from its owner for purposes
of—
(1) Federal tax liabilities of the entity
with respect to any taxable period for
which the entity was not disregarded;
(2) Federal tax liabilities of any other
entity for which the entity is liable; and
(3) Refunds or credits of Federal tax.
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Example 1. In 2006, X, a domestic
corporation that reports its taxes on a
calendar year basis, merges into Z, a
domestic LLC wholly owned by Y that is
disregarded as an entity separate from Y, in
a state law merger. X was not a member of
a consolidated group at any time during its
taxable year ending in December 2005. Under
the applicable state law, Z is the successor
to X and is liable for all of X’s debts. In 2009,
the Internal Revenue Service (IRS) seeks to
extend the period of limitations on
assessment for X’s 2005 taxable year. Because
Z is the successor to X and is liable for X’s
2005 taxes that remain unpaid, Z is the
proper party to sign the consent to extend the
period of limitations.
Example 2. The facts are the same as in
Example 1, except that in 2007, the IRS
determines that X miscalculated and
underreported its income tax liability for
2005. Because Z is the successor to X and is
liable for X’s 2005 taxes that remain unpaid,
the deficiency may be assessed against Z and,
in the event that Z fails to pay the liability
after notice and demand, a general tax lien
will arise against all of Z’s property and
rights to property.
(c)(2)(iv)(A) [Reserved]. For further
guidance, see § 301.7701–2(c)(2)(iv)(A).
(B) Treatment of entity. An entity that
is disregarded as an entity separate from
its owner for any purpose under
§ 301.7701–2 is treated as a corporation
with respect to taxes imposed under
Subtitle C—Employment Taxes and
Collection of Income Tax (Chapters 21,
22, 23, 23A, 24, and 25 of the Internal
Revenue Code).
(C) through (c)(2)(v)(A) [Reserved].
For further guidance, see § 301.7701–
2(c)(2)(iv)(C) through (c)(2)(v)(A).
(B) Treatment of entity. An entity that
is disregarded as an entity separate from
its owner for any purpose under
§ 301.7701–2 is treated as a corporation
with respect to items described in
§ 301.7701–2(c)(2)(v)(A).
(C) Example. (i) through (iii)
[Reserved]. For further guidance, see
§ 301.7701–2(c)(2)(v)(C) Example (i)
through (iii).
(iv) Assume the same facts as in
§ 301.7701–2(c)(2)(v)(C) Example (i) and
(ii). If LLCB does not pay the tax on its
sale of coal under chapter 32 of the
Internal Revenue Code, any notice of
lien the Internal Revenue Service files
will be filed as if LLCB were a
corporation.
(d) through (e)(1) [Reserved]. For
further guidance, see § 301.7701–2(d)
through (e)(1).
(e)(2) Paragraph (c)(2)(iii) of this
section applies on and after September
14, 2009. For rules that apply before
September 14, 2009, see 26 CFR part
301 revised as of April 1, 2009.
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(e)(3) through (e)(4) [Reserved]. For
further guidance, see § 301.7701–2(e)(3)
through (e)(4).
(e)(5) Paragraph (c)(2)(iv)(B) of this
section applies with respect to wages
paid on or after September 14, 2009. For
rules that apply before September 14,
2009, see 26 CFR part 301 revised as of
April 1, 2009.
(e)(6) Paragraphs (c)(2)(v)(B) and
(c)(2)(v)(C) Example (iv) of this section
apply on and after September 14, 2009.
(7) [Reserved]. For further guidance,
see § 301.7701–2(e)(7).
(8) Expiration Date. The applicability
of paragraphs (c)(2)(iii), (c)(2)(iv)(B),
(c)(2)(v)(B), (c)(2)(v)(C) Example (iv),
(e)(2), (e)(5) and (e)(6) of this section
expires on or before September 11,
2012.
L.E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: August 31, 2009.
Michael F. Mundace,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. E9–21987 Filed 9–11–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Parts 203, 210, 250, 251, 253,
254, 256, 280, and 291
[Docket No. MMS–OMM–2009–0008]
RIN 1010–AD52
Outer Continental Shelf—Technical
Corrections
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Final rule; technical corrections
and announcement of effective dates.
SUMMARY: This document makes
technical changes to regulations that
were published in various Federal
Register documents and are codified in
the Code of Federal Regulations, as well
as announcing the approval by the
Office of Management and Budget of
information collection requirements
contained in two previously published
regulations.
DATES: This rule is effective on
September 14, 2009. The information
collection requirements contained in the
rulemaking (63 FR 42699, published
August 11, 1998) for 30 CFR part 253,
were approved by the Office of
Management and Budget (OMB) on
October 7, 1998, and the information
collection requirements contained in the
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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations
rulemaking (63 FR 2605, published
January 16, 1998) for 30 CFR 203.61,
were approved by OMB on May 30,
1998.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Regulatory Specialist
at (703) 787–1607, fax (703) 787–1546,
or e-mail cheryl.blundon@mms.gov.
SUPPLEMENTARY INFORMATION:
Changes to regulations: The technical
corrections in this rule affect all parties
who do business with MMS. This
rulemaking does the following:
(1) Remove erroneous dates and make
corrections;
(2) Revise and update the paperwork
authority in § 203.5;
(3) Revise the MMS mail stop;
(4) Correct and remove Editorial Note
in 30 CFR 203; and,
(5) Announce dates of effective
information collections.
Background
(1) In various subparts throughout the
30 CFR, there are dates that are no
longer in effect. Therefore, this
rulemaking removes the irrelevant dates
and in the same date correction, where
applicable, changes the words ‘‘shall’’
and ‘‘which’’, to, ‘‘must’’ and ‘‘that’’.
(2) Since initial rulemaking in January
2004 (69 FR 3509), the information
collection requirements have been
consolidated. The OMB, through a
Notice of Action dated April 30, 2005,
approved the information collection
merge of 1010–0153 into the primary
collection 1010–0071. This rulemaking
updates the regulatory text to reflect this
action.
(3) In 2008, MMS moved offices in the
Main Interior Building in Washington,
DC. As a result, the proper mail stop for
inquiries related to regulations in the
CFR changed from 4230 to 5438. The
regulations in the various 30 CFR Parts
need to be amended to reflect the
official change of the mail stop.
(4) Due to final rulemaking on
November 18, 2008 (73 FR 69513),
1010–AD33, Royalty Relief, had an
editorial note added by the Federal
Register due to MMS inadvertently
leaving out the word ‘‘introductory’’ in
the amendatory language for 30 CFR
203.45. This rulemaking corrects the
amendatory language per the intention
of the 1010–AD33 rulemaking.
(5) The MMS published the following
two final rules in 1998. The rules were
published before OMB approved the
information collection requirements so
the Federal Register added Effective
Date Notes to these regulations. The
OMB approved the information
collection requirements but the Effective
Date Notes were not removed. This
rulemaking publication satisfies the
statements that the MMS would publish
a document announcing the effective
dates of the rule changes requiring OMB
approval.
(a) Effective February 17, 1998, (63 FR
2605) rulemaking established a new
requirement pertaining to information
required for a complete application for
royalty relief. This rulemaking
contained information collection
requirements subject to the Paperwork
Reduction Act of 1995 that were not
effective until after approval by OMB.
On May 30, 1998, OMB approved the
Current citation
§ 203.82(d) ................................................................................................
§ 210.20 ....................................................................................................
§ 250.108(b), .............................................................................................
§ 250.199(d) ..............................................................................................
§ 250.233(b)(2) .........................................................................................
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§ 250.441(b) ..............................................................................................
§ 250.510 ..................................................................................................
§ 250.511 ..................................................................................................
§ 250.515(b) ..............................................................................................
§ 250.515(c), (c)(1) ...................................................................................
§ 250.615(b) ..............................................................................................
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collection of information requirements
in 30 CFR part 203. This information
collection was assigned OMB Control
Number 1010–0071.
(b) On August 11, 1998, (63 FR 42699)
rulemaking established new
requirements for demonstrating oil spill
financial responsibility for removal
costs and damages caused by oil
discharges and substantial threats of oil
discharges from oil and gas exploration
and production facilities and associated
pipelines. The rule also implemented
the authority of the Oil Pollution Act of
1990. This rulemaking contained
information collection requirements
subject to the Paperwork Reduction Act
of 1995 that were not effective until
after approval by OMB. On October 7,
1998, OMB approved the collection of
information requirements and MMS
forms required for 30 CFR part 253. This
information collection was assigned
OMB Control Number 1010–0106.
This document corrects regulations in
30 CFR parts 203, 210, 250, 251, 253,
254, 256, 280, and 291 to reflect these
technical changes. Because this rule
makes no substantive regulatory
changes, MMS for good cause finds that
notice and public comment are
impracticable and unnecessary pursuant
to 5 U.S.C. 553(b)(3)(B). For the same
reason, MMS finds good cause to waive
the delay in effectiveness pursuant to 5
U.S.C. 553(d). The rule does not require
any regulated party to adjust their
conduct, but only makes technical
corrections.
The following table shows the current
regulation and what changes were
made.
Revised text
EFFECTIVE DATE NOTE: at the end of § 203.61 ..................................
EFFECTIVE DATE NOTE: at the end of the Subpart F (table of contents and before § 253.1.
§ 203.5 ......................................................................................................
Editorial Note: at the end of § 203.45 ......................................................
§ 203.45(e) ................................................................................................
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Removed.
Removed.
Revised to reflect correct OMB control number.
Removed.
Added correct language from 73 FR 69513 that did not get codified
(public had opportunity to comment in both proposed and final rulemaking).
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
Removed the date no longer in effect.
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
In the second column of the table, removed the word ‘‘notify’’ and
added the word ‘‘other’’ in its place.
Removed the date no longer in effect.
Removed the date no longer in effect. Changed the word ‘‘shall’’ to
‘‘must’’, and the word ‘‘which’’ to ‘‘that’’.
Removed the date no longer in effect. Changed the word ‘‘shall’’ to
‘‘must’’, and the word ‘‘which’’ to ‘‘that’’.
Removed the words, ‘‘blind or’’, in (b)(1–3). Removed (b)(5) since removing the words in (b)(1–3) corrected the regulation.
Removed the date no longer in effect. Changed the word ‘‘shall’’ to
‘‘must’’.
Removed the words, ‘‘blind or’’, in (b)(1–3). Removed (b)(5) since removing the words in (b)(1–3) corrected the regulation.
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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations
Current citation
Revised text
§ 250.615(c), (c)(1) ...................................................................................
Removed the date no longer in effect. Changed the word ‘‘shall’’ to
‘‘must’’.
Removed the date no longer in effect. Changed the word ‘‘shall’’ to
‘‘must’’, and the word ‘‘which’’ to ‘‘that’’.
Removed the date no longer in effect. Changed the word ‘‘shall’’ to
‘‘must’’.
Removed the date no longer in effect. Changed the word ‘‘shall’’ to
‘‘must’’.
Removed the date no longer in effect. Changed the word ‘‘shall’’ to
‘‘must’’, and the word ‘‘which’’ to ‘‘that’’.
Removed paragraph (b) and the following undesignated paragraph no
longer in effect. Redesignated paragraphs (c), (d), and (e) as paragraphs (b), (c), and (d).
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
Removed the section since the dates are no longer in effect. [RESERVED] the section number for future use.
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
Removed the section since the date is no longer in effect.
Changed the Alaska Region address.
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’.
§ 250.803(b)(5)(ii) .....................................................................................
§ 250.1604(f) .............................................................................................
§ 250.1605(h) ............................................................................................
§ 250.1610(d)(1) .......................................................................................
§ 250.1613(b), (c), (d), (e) ........................................................................
§ 251.15(e) ................................................................................................
§ 253.5(d) ..................................................................................................
§ 253.44 ....................................................................................................
§ 254.9(d) ..................................................................................................
§ 256.0(d) ..................................................................................................
§ 256.64(a)(9) ...........................................................................................
§ 280.13(1) ................................................................................................
§ 280.80(e) ................................................................................................
§ 291.1(e); 103; 106(a); 107(a) ................................................................
Procedural Matters
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Regulatory Planning and Review
(Executive Order (E.O.) 12866)
This rule is not a significant rule as
determined by the Office of
Management and Budget (OMB) and is
not subject to review under E.O. 12866.
(1) This rule will not have an annual
effect of $100 million or more on the
economy because it only makes
technical changes to existing
regulations. It will not adversely affect
in a material way the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities.
(2) This rule will not create a serious
inconsistency or otherwise interfere
with action taken or planned by another
agency. It will have no effect on any
other agency.
(3) This rule will not alter the
budgetary effects of entitlements, grants,
user fees or loan programs, or the rights
or obligations of their recipients.
(4) This rule will not raise novel legal
or policy issues.
Regulatory Flexibility Act (RFA)
The Department of the Interior
certifies that this rule would not have a
significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) because it only makes
technical changes to existing
regulations.
Your comments are important to us.
The Small Business and Agriculture
Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were
established to receive comments from
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small business about Federal agency
enforcement actions. The Ombudsman
will annually evaluate the enforcement
activities and rate each agency’s
responsiveness to small business. If you
wish to comment on the actions of
MMS, call 1–888–734–3247. You may
comment to the Small Business
Administration without fear of
retaliation. Allegations of
discrimination/retaliation filed with the
Small Business Administration will be
investigated for appropriate action.
Small Business Regulatory Enforcement
Fairness Act
The rule is not a major rule under the
Small Business Regulatory Enforcement
Fairness Act (5 U.S.C. 801 et seq.). This
rule:
a. Will not have an annual effect on
the economy of $100 million or more.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose
an unfunded mandate on State, local, or
Tribal governments or the private sector
of more than $100 million per year. The
proposed rule would not have a
significant or unique effect on State,
local, or Tribal governments or the
private sector. A statement containing
the information required by the
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Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.) is not required.
Takings Implication Assessment (E.O.
12630)
Under the criteria in E.O. 12630, this
proposed rule does not have significant
takings implications. The proposed rule
is not a governmental action capable of
interference with constitutionally
protected property rights. A Takings
Implication Assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this
proposed rule does not have federalism
implications. This proposed rule would
not substantially and directly affect the
relationship between the Federal and
State governments. To the extent that
State and local governments have a role
in OCS activities, this proposed rule
would not affect that role. A Federalism
Assessment is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
a. Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
b. Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O.
13175)
Under the criteria in E.O. 13175, we
have evaluated this proposed rule and
determined that it has no substantial
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30 CFR Part 250
effects on Federally recognized Indian
Tribes. There are no Indian or Tribal
lands in the OCS.
Paperwork Reduction Act (PRA)
The rule does not contain any new
information collection requirements
subject to the PRA; therefore, it does not
require a submittal to OMB for review
and approval under the PRA (44 U.S.C.
3501 et seq). Any information collection
burdens referenced in this rulemaking
are already approved under various
OMB Control Numbers. The PRA
provides that an agency may not
conduct or sponsor a collection of
information unless it displays a
currently valid OMB control number.
Until OMB approves a collection of
information and assigns a control
number, you are not required to
respond.
National Environmental Policy Act
(NEPA) of 1969
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969 is not
required because the rule is covered by
a categorical exclusion. This rule is
excluded from the requirement to
prepare a detailed statement because it
qualifies as a regulation of an
administrative nature (for further
information see 43 CFR 46.210(i)). We
have also determined that the rule does
not involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under the National Environmental
Policy Act.
Data Quality Act
In developing this rule, we did not
conduct or use a study, experiment, or
survey requiring peer review under the
Data Quality Act (Pub. L. 106–554, app.
C § 515, 114 Stat. 2763, 2763A–153–
154).
Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. A Statement of Energy Effects is
not required.
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List of Subjects
30 CFR Part 203
Oil and gas exploration, Reporting
and recordkeeping requirements.
30 CFR Part 210
Oil and gas exploration, Public
lands—mineral resources, Reporting
and recordkeeping requirements.
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Administrative practice and
procedure, Oil and gas exploration,
Public lands—rights-of-way, Reporting
and recordkeeping requirements.
30 CFR Part 251
Public lands—mineral resources,
Reporting and recordkeeping
requirement.
30 CFR Part 253
Environmental protection,
Investigations, Oil and gas exploration,
Reporting and recordkeeping
requirements.
30 CFR Part 254
Oil and gas exploration, Public
lands—minerals resources, Reporting
and recordkeeping requirements.
30 CFR Part 256
Administrative practice and
procedure, Oil and gas exploration,
Reporting and recordkeeping
requirements.
30 CFR Part 280
Reporting and recordkeeping
requirements.
30 CFR Part 291
Oil and gas, Reporting and
recordkeeping requirements.
Dated: September 2, 2009.
Ned Farquhar,
Acting Assistant Secretary, Land and
Minerals Management.
For the reasons stated above, MMS
amends 30 CFR Parts 203, 210, 250, 251,
253, 254, 256, 280, and 291 as follows:
■
PART 203—RELIEF OR REDUCTION IN
ROYALTY RATES
1. The authority citation for part 203
continues to read as follows:
■
Authority: 25 U.S.C. 396 et seq.; 25 U.S.C.
396a et seq.; 25 U.S.C. 2101 et seq.; 30 U.S.C.
181 et seq.; 30 U.S.C. 351 et seq.; 30 U.S.C.
1001 et seq.; 30 U.S.C. 1701 et seq.; 31 U.S.C.
9701; 42 U.S.C. 15903–15906; 43 U.S.C. 1301
et seq.; 43 U.S.C. 1331 et seq.; and 43 U.S.C.
1801 et seq.
■
2. Revise § 203.5 to read as follows:
§ 203.5 What is MMS’s authority to collect
information?
(a) The Office of Management and
Budget (OMB) has approved the
information collection requirements in
this part under 44 U.S.C. 3501 et seq.,
and assigned OMB Control Number
1010–0071. The title of this information
collection is ‘‘30 CFR part 203, Relief or
Reduction in Royalty Rates.’’
(b) The MMS collects this information
to make decisions on the economic
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46907
viability of leases requesting a
suspension or elimination of royalty or
net profit share. Responses are required
to obtain a benefit or are mandatory
according to 43 U.S.C. 1331 et seq. The
MMS will protect information
considered proprietary under applicable
law and under regulations at 30 CFR
203.63, ‘‘How do I assess my chances for
getting relief?’’ and 250.197, ‘‘Data and
information to be made available to the
public or for limited inspection.’’
(c) An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
(d) Send comments regarding any
aspect of the collection of information
under this part, including suggestions
for reducing the burden, to the
Information Collection Clearance
Officer, Minerals Management Service,
Mail Stop 5438, 1849 C Street, NW.,
Washington, DC 20240.
■ 3. Revise § 203.45(e), introductory
text, to read as follows:
§ 203.45 If I drill a certified unsuccessful
well, what royalty relief will my lease earn?
*
*
*
*
*
(e) If the same wellbore that earns an
RSS as a certified unsuccessful well
later produces from a perforated interval
the top of which is 15,000 feet TVD or
deeper and becomes a qualified well, it
will be subject to the following
conditions:
*
*
*
*
*
§ 203.82
[Amended]
4. In § 203.82(d), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
PART 210—FORMS AND REPORTS
5. The authority citation for part 210
continues to read as follows:
■
Authority: 5 U.S.C. 301 et seq.; 25 U.S.C.
396, 2107; 30 U.S.C. 189, 190, 359, 1023,
1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C.
1334, 1801 et seq.; and 44 U.S.C. 3506(a).
§ 210.20
[Amended]
6. In § 210.20, remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
PART 250—OIL AND GAS AND
SULPHUR OPERATIONS IN THE
OUTER CONTINENTAL SHELF
7. The authority citation for part 250
continues to read as follows:
■
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
8. Revise § 250.108(b) to read as
follows:
■
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§ 250.108 What requirements must I follow
for cranes and other material-handling
equipment?
*
*
*
*
*
(b) All cranes installed on fixed
platforms must be equipped with a
functional anti-two block device.
*
*
*
*
*
§ 250.199
[Amended]
9. In § 250.199(d), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
§ 250.233
12. Revise § 250.510 to read as
follows:
■
§ 250.510
[Amended]
10. In § 250.233(b)(2), in the second
column of the table remove the word
‘‘notify’’, and add, in its place, the word
‘‘other’’.
■ 11. Revise § 250.441(b) to read as
follows:
■
§ 250.441 What are the requirements for a
surface BOP stack?
*
*
*
*
(b) Your surface BOP stack must
include at least four remote-controlled,
hydraulically operated BOPs consisting
of an annular BOP, two BOPs equipped
with pipe rams, and one BOP equipped
with blind-shear rams. The blind-shear
rams must be capable of shearing the
drill pipe that is in the hole.
*
*
*
*
*
*
Diesel engine air intakes.
Diesel engine air intakes must be
equipped with a device to shut down
the diesel engine in the event of
runaway. Diesel engines that are
continuously attended must be
equipped with either remote operated
manual or automatic-shutdown devices.
Diesel engines that are not continuously
attended must be equipped with
automatic-shutdown devices.
13. Revise § 250.511 to read as
follows:
■
§ 250.511
Traveling-block safety device.
All units being used for wellcompletion operations that have both a
traveling block and a crown block must
be equipped with a safety device that is
designed to prevent the traveling block
from striking the crown block. The
device must be checked for proper
operation weekly and after each drillline slipping operation. The results of
the operational check must be entered
in the operations log.
■ 14. Amend § 250.515 by:
■ (a) Revising the table in paragraph (b);
■ (b) Revising the introductory text of
paragraph (c); and
■ (c) Revising paragraph (c)(1) to read as
follows:
§ 250.515
*
Blowout prevention equipment.
*
*
(b) * * *
*
*
When
The minimum BOP stack must include
(1) The expected pressure is less than
5,000 psi,.
(2) The expected pressure is 5,000 psi
or greater or you use multiple tubing
strings,.
(3) You handle multiple tubing strings simultaneously,.
(4) You use a tapered drill string, ...........
Three BOPs consisting of an annular, one set of pipe rams, and one set of blind-shear rams.
Four BOPs consisting of an annular, two sets of pipe rams, and one set of blind-shear rams.
Four BOPs consisting of an annular, one set of pipe rams, one set of dual pipe rams, and one set of
blind-shear rams.
At least one set of pipe rams that are capable of sealing around each size of drill string. If the expected pressure is greater than 5,000 psi, then you must have at least two sets of pipe rams that
are capable of sealing around the larger size drill string. You may substitute one set of variable
bore rams for two sets of pipe rams.
(c) The BOP systems for well
completions must be equipped with the
following:
(1) A hydraulic-actuating system that
provides sufficient accumulator
capacity to supply 1.5 times the volume
necessary to close all BOP equipment
units with a minimum pressure of 200
psi above the precharge pressure
without assistance from a charging
system. Accumulator regulators
supplied by rig air and without a
secondary source of pneumatic supply,
must be equipped with manual
overrides, or alternately, other devices
provided to ensure capability of
hydraulic operations if rig air is lost.
*
*
*
*
*
■
15. Amend § 250.615 by:
(a) Revising the table in paragraph (b);
(b) Revising the introductory text of
paragraph (c); and
■ (c) Revising paragraph (c)(1) to read as
follows:
■
■
§ 250.615
*
Blowout prevention equipment.
*
*
(b) * * *
*
*
The minimum BOP stack must include
(1) The expected pressure is less than
5,000 psi,.
(2) The expected pressure is 5,000 psi
or greater or you use multiple tubing
strings,.
(3) You handle multiple tubing strings simultaneously,.
(4) You use a tapered drill string, ...........
cprice-sewell on DSK2BSOYB1PROD with RULES
When
Three BOPs consisting of an annular, one set of pipe rams, and one set of blind-shear rams.
(c) The BOP systems for wellworkover operations with the tree
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15:22 Sep 11, 2009
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Four BOPs consisting of an annular, two sets of pipe rams, and one set of blind-shear rams.
Four BOPs consisting of an annular, one set of pipe rams, one set of dual pipe rams, and one set of
blind-shear rams.
At least one set of pipe rams that are capable of sealing around each size of drill string. If the expected pressure is greater than 5,000 psi, then you must have at least two sets of pipe rams that
are capable of sealing around the larger size drill string. You may substitute one set of variable
bore rams for two sets of pipe rams.
removed must be equipped with the
following:
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(1) A hydraulic-actuating system that
provides sufficient accumulator
capacity to supply 1.5 times the volume
E:\FR\FM\14SER1.SGM
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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations
necessary to close all BOP equipment
units with a minimum pressure of 200
psi above the precharge pressure
without assistance from a charging
system. Accumulator regulators
supplied by rig air and without a
secondary source of pneumatic supply,
must be equipped with manual
overrides, or alternately, other devices
provided to ensure capability of
hydraulic operations if rig air is lost;
*
*
*
*
*
■ 16. Revise § 250.803(b)(5)(ii) to read as
follows:
§ 250.803 Additional production system
requirements.
*
*
*
*
*
(b) * * *
(5) * * *
(ii) Diesel engine air intake. All diesel
engine air intakes must be equipped
with a device to shutdown the diesel
engine in the event of runaway. Diesel
engines that are continuously attended
must be equipped with either remote
operated manual or automatic shutdown
devices. Diesel engines that are not
continuously attended must be
equipped with automatic shutdown
devices.
*
*
*
*
*
■ 17. Revise § 250.1604(f) to read as
follows:
§ 250.1604
General requirements.
*
*
*
*
*
(f) Traveling-block safety device. All
drilling units being used for drilling,
well-completion, or well-workover
operations that have both a traveling
block and a crown block must be
equipped with a safety device that is
designed to prevent the traveling block
from striking the crown block. The
device must be checked for proper
operation weekly and after each drillline slipping operation. The results of
the operational check must be entered
in the operations log.
■ 18. Revise § 250.1605(h) to read as
follows:
§ 250.1605
Drilling requirements.
*
*
*
*
(h) Diesel-engine air intakes. Dieselengine air intakes must be equipped
with a device to shut down the diesel
cprice-sewell on DSK2BSOYB1PROD with RULES
*
engine in the event of runaway. Diesel
engines that are continuously attended
must be equipped with either remoteoperated manual or automaticshutdown devices. Diesel engines that
are not continuously attended must be
equipped with automatic shutdown
devices.
■ 19. Revise § 250.1610(d)(1) to read as
follows:
§ 250.1610 Blowout preventer systems and
system components.
*
*
*
*
*
(d) * * *
(1) An accumulator system that
provides sufficient capacity to supply
1.5 times the volume necessary to close
and hold closed all BOP equipment
units with a minimum pressure of 200
psi above the precharge pressure,
without assistance from a charging
system. Accumulator regulators
supplied by rig air that do not have a
secondary source of pneumatic supply
must be equipped with manual
overrides or other devices alternately
provided to ensure capability of
hydraulic operations if rig air is lost.
*
*
*
*
*
§ 250.1613
[Amended]
20. In § 250.1613, remove paragraph
(b) and the undesignated paragraph
which follows it; and redesignate
paragraphs (c), (d), and (e) as paragraphs
(b), (c), and (d).
■
PART 251—GEOLOGICAL AND
GEOPHYSICAL (G&G) EXPLORATIONS
OF THE OUTER CONTINENTAL SHELF
21. The authority citation for part 251
continues to read as follows:
■
Authority: 43 U.S.C. 1331 et seq., 31 U.S.C.
9701.
§ 251.15
46909
Authority: 33 U.S.C. 2716, 28 U.S.C. 2461.
§ 253.5
[Amended]
24. In § 253.5(d), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
§ 253.44
■
[Removed and Reserved]
25. Remove and reserve § 253.44.
PART 254—OIL SPILL RESPONSE
REQUIREMENTS FOR FACILITIES
LOCATED SEAWARD OF THE COAST
LINE
26. The authority citation for part 254
continues to read as follows:
■
Authority: 33 U.S.C. 1321.
§ 254.9
[Amended]
27. In § 254.9(d), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
PART 256—LEASING OF SULPHUR OR
OIL AND GAS IN THE OUTER
CONTINENTAL SHELF
28. The authority citation for part 256
continues to read as follows:
■
Authority: 31 U.S.C. 9701, 42 U.S.C. 6213,
and 43 U.S.C. 1334.
§ 256.0
[Amended]
29. In § 256.0(d), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
§ 256.64
[Amended]
30. In § 256.64, remove paragraph
(a)(9).
■
PART 280—PROSPECTING FOR
MINERALS OTHER THAN OIL, GAS,
AND SULPHUR ON THE OUTER
CONTINENTAL SHELF
[Amended]
31. The authority citation for part 280
continues to read as follows:
22. In § 251.15(e), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
PART 253—OIL SPILL FINANCIAL
RESPONSIBLITY FOR OFFSHORE
FACILITIES
■
■
23. The authority citation for part 253
is revised to read as follows:
■
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
32. Revise the table in § 280.13 to read
as follows:
§ 280.13 Where must I send my application
or notification?
*
*
*
*
*
For the OCS off the . . .
Apply to . . .
(a) State of Alaska ..............................................
Regional Supervisor for Resource Evaluation, Minerals Management Service, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, AK 99503.
Regional Supervisor for Resource Evaluation, Minerals Management Service, Gulf of Mexico
OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123.
(b) Atlantic Coast, Gulf of Mexico, Puerto Rico,
or U.S. territories in the Caribbean Sea.
VerDate Nov<24>2008
15:22 Sep 11, 2009
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Fmt 4700
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E:\FR\FM\14SER1.SGM
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46910
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations
For the OCS off the . . .
Apply to . . .
(c) States of California, Oregon, Washington,
Hawaii, or U.S. territories in the Pacific
Ocean.
Regional Supervisor for Resource Evaluation, Minerals Management Service, Pacific OCS Region, 770 Paseo Camarillo, Camarillo, CA 93010.
§ 280.80
[Amended]
33. In § 280.80(e), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
PART 291—OPEN AND NONDISCRIMINATORY ACCESS TO OIL
AND GAS PIPELINES UNDER THE
OUTER CONTINENTAL SHELF LANDS
ACT
34. The authority citation for part 291
is revised to read as follows:
■
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
§ 291.1
[Amended]
35. In § 291.1(e), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
§ 291.103
[Amended]
36. In § 291.103 introductory text,
remove the words ‘‘Mail Stop 4230,’’
and add, in their place, ‘‘Mail Stop
5438,’’.
■
§ 291.106
[Amended]
37. In § 291.106(a), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
§ 291.107
[Amended]
38. In § 291.107(a), remove the words
‘‘Mail Stop 4230,’’ and add, in their
place, ‘‘Mail Stop 5438,’’.
■
[FR Doc. E9–22027 Filed 9–11–09; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0684]
Drawbridge Operation Regulation;
Three Mile Slough, Rio Vista, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
cprice-sewell on DSK2BSOYB1PROD with RULES
AGENCY:
ACTION:
SUMMARY: The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the California
Route 160 Drawbridge across Three Mile
Slough, mile 0.1, near Rio Vista, CA.
VerDate Nov<24>2008
15:22 Sep 11, 2009
Jkt 217001
The deviation is necessary to allow
Caltrans to conduct drawbridge
maintenance. This deviation allows the
bridge to remain in the closed-tonavigation position during the
maintenance period.
DATES: This deviation is effective from
7 a.m. on September 14, 2009 through
4:30 p.m. on September 14, 2009.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0684 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0684 in the ‘‘Keyword’’
box and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, e-mail
David.H.Sulouff@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: Caltrans
requested a temporary change to the
operation of the California Route 160
Drawbridge, mile 0.1, Three Mile
Slough, near Rio Vista, CA. The
drawbridge navigation span provides a
vertical clearance of 12 feet above Mean
High Water in the closed-to-navigation
position. The draw opens on signal as
required by 33 CFR 117.5. Navigation on
the waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 7
a.m. through 4:30 p.m. Monday through
Friday, from August 31, 2009 through
September 14, 2009, to allow Caltrans to
replace the industrial staircase leading
to the control house. At all other times
during this period, and on September 7,
2009, Labor Day, the drawspan will
open on signal as required by 33 CFR
117.5. This temporary deviation has
been coordinated with commercial and
recreational waterway users. There is no
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
anticipated levee maintenance during
this deviation period. No objections to
the proposed temporary deviation were
raised.
Vessels that can transit the bridge,
while in the closed-to-navigation
position, may continue to do so at any
time.
In the event of an emergency the
drawspan can be opened with 4 hours
advance notice.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: August 28, 2009.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard Commander,
Eleventh Coast Guard District.
[FR Doc. E9–21979 Filed 9–11–09; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0815; FRL–8954–7]
Approval and Promulgation of
Implementation Plans; New Mexico;
Excess Emissions
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: The EPA is approving
revisions to the New Mexico State
Implementation Plan (SIP) submitted by
the Governor of New Mexico on behalf
of the New Mexico Environment
Department (NMED) in a letter dated
October 7, 2008 (the October 7, 2008 SIP
submittal). The October 7, 2008 SIP
submittal concerns revisions to New
Mexico Administrative Code Title 20,
Chapter 2, Part 7 Excess Emissions
(20.2.7 NMAC—Excess Emissions)
occurring during startup, shutdown, and
malfunction related activities. We are
approving the October 7, 2008 SIP
submittal because the revisions to 20.2.7
NMAC are consistent with the Clean Air
Act (the Act). This action is in
accordance with section 110 of the Act.
DATES: This direct final rule will be
effective November 13, 2009 without
E:\FR\FM\14SER1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Rules and Regulations]
[Pages 46904-46910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22027]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Parts 203, 210, 250, 251, 253, 254, 256, 280, and 291
[Docket No. MMS-OMM-2009-0008]
RIN 1010-AD52
Outer Continental Shelf--Technical Corrections
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Final rule; technical corrections and announcement of effective
dates.
-----------------------------------------------------------------------
SUMMARY: This document makes technical changes to regulations that were
published in various Federal Register documents and are codified in the
Code of Federal Regulations, as well as announcing the approval by the
Office of Management and Budget of information collection requirements
contained in two previously published regulations.
DATES: This rule is effective on September 14, 2009. The information
collection requirements contained in the rulemaking (63 FR 42699,
published August 11, 1998) for 30 CFR part 253, were approved by the
Office of Management and Budget (OMB) on October 7, 1998, and the
information collection requirements contained in the
[[Page 46905]]
rulemaking (63 FR 2605, published January 16, 1998) for 30 CFR 203.61,
were approved by OMB on May 30, 1998.
FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulatory Specialist
at (703) 787-1607, fax (703) 787-1546, or e-mail
cheryl.blundon@mms.gov.
SUPPLEMENTARY INFORMATION:
Changes to regulations: The technical corrections in this rule
affect all parties who do business with MMS. This rulemaking does the
following:
(1) Remove erroneous dates and make corrections;
(2) Revise and update the paperwork authority in Sec. 203.5;
(3) Revise the MMS mail stop;
(4) Correct and remove Editorial Note in 30 CFR 203; and,
(5) Announce dates of effective information collections.
Background
(1) In various subparts throughout the 30 CFR, there are dates that
are no longer in effect. Therefore, this rulemaking removes the
irrelevant dates and in the same date correction, where applicable,
changes the words ``shall'' and ``which'', to, ``must'' and ``that''.
(2) Since initial rulemaking in January 2004 (69 FR 3509), the
information collection requirements have been consolidated. The OMB,
through a Notice of Action dated April 30, 2005, approved the
information collection merge of 1010-0153 into the primary collection
1010-0071. This rulemaking updates the regulatory text to reflect this
action.
(3) In 2008, MMS moved offices in the Main Interior Building in
Washington, DC. As a result, the proper mail stop for inquiries related
to regulations in the CFR changed from 4230 to 5438. The regulations in
the various 30 CFR Parts need to be amended to reflect the official
change of the mail stop.
(4) Due to final rulemaking on November 18, 2008 (73 FR 69513),
1010-AD33, Royalty Relief, had an editorial note added by the Federal
Register due to MMS inadvertently leaving out the word ``introductory''
in the amendatory language for 30 CFR 203.45. This rulemaking corrects
the amendatory language per the intention of the 1010-AD33 rulemaking.
(5) The MMS published the following two final rules in 1998. The
rules were published before OMB approved the information collection
requirements so the Federal Register added Effective Date Notes to
these regulations. The OMB approved the information collection
requirements but the Effective Date Notes were not removed. This
rulemaking publication satisfies the statements that the MMS would
publish a document announcing the effective dates of the rule changes
requiring OMB approval.
(a) Effective February 17, 1998, (63 FR 2605) rulemaking
established a new requirement pertaining to information required for a
complete application for royalty relief. This rulemaking contained
information collection requirements subject to the Paperwork Reduction
Act of 1995 that were not effective until after approval by OMB. On May
30, 1998, OMB approved the collection of information requirements in 30
CFR part 203. This information collection was assigned OMB Control
Number 1010-0071.
(b) On August 11, 1998, (63 FR 42699) rulemaking established new
requirements for demonstrating oil spill financial responsibility for
removal costs and damages caused by oil discharges and substantial
threats of oil discharges from oil and gas exploration and production
facilities and associated pipelines. The rule also implemented the
authority of the Oil Pollution Act of 1990. This rulemaking contained
information collection requirements subject to the Paperwork Reduction
Act of 1995 that were not effective until after approval by OMB. On
October 7, 1998, OMB approved the collection of information
requirements and MMS forms required for 30 CFR part 253. This
information collection was assigned OMB Control Number 1010-0106.
This document corrects regulations in 30 CFR parts 203, 210, 250,
251, 253, 254, 256, 280, and 291 to reflect these technical changes.
Because this rule makes no substantive regulatory changes, MMS for good
cause finds that notice and public comment are impracticable and
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). For the same reason, MMS
finds good cause to waive the delay in effectiveness pursuant to 5
U.S.C. 553(d). The rule does not require any regulated party to adjust
their conduct, but only makes technical corrections.
The following table shows the current regulation and what changes
were made.
------------------------------------------------------------------------
Current citation Revised text
------------------------------------------------------------------------
EFFECTIVE DATE NOTE: at the end of Sec. Removed.
203.61.
EFFECTIVE DATE NOTE: at the end of the Removed.
Subpart F (table of contents and
before Sec. 253.1.
Sec. 203.5........................... Revised to reflect correct OMB
control number.
Editorial Note: at the end of Sec. Removed.
203.45.
Sec. 203.45(e)....................... Added correct language from 73
FR 69513 that did not get
codified (public had
opportunity to comment in both
proposed and final
rulemaking).
Sec. 203.82(d)....................... Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
Sec. 210.20.......................... Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
Sec. 250.108(b),..................... Removed the date no longer in
effect.
Sec. 250.199(d)...................... Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
Sec. 250.233(b)(2)................... In the second column of the
table, removed the word
``notify'' and added the word
``other'' in its place.
Sec. 250.441(b)...................... Removed the date no longer in
effect.
Sec. 250.510......................... Removed the date no longer in
effect. Changed the word
``shall'' to ``must'', and the
word ``which'' to ``that''.
Sec. 250.511......................... Removed the date no longer in
effect. Changed the word
``shall'' to ``must'', and the
word ``which'' to ``that''.
Sec. 250.515(b)...................... Removed the words, ``blind
or'', in (b)(1-3). Removed
(b)(5) since removing the
words in (b)(1-3) corrected
the regulation.
Sec. 250.515(c), (c)(1).............. Removed the date no longer in
effect. Changed the word
``shall'' to ``must''.
Sec. 250.615(b)...................... Removed the words, ``blind
or'', in (b)(1-3). Removed
(b)(5) since removing the
words in (b)(1-3) corrected
the regulation.
[[Page 46906]]
Sec. 250.615(c), (c)(1).............. Removed the date no longer in
effect. Changed the word
``shall'' to ``must''.
Sec. 250.803(b)(5)(ii)............... Removed the date no longer in
effect. Changed the word
``shall'' to ``must'', and the
word ``which'' to ``that''.
Sec. 250.1604(f)..................... Removed the date no longer in
effect. Changed the word
``shall'' to ``must''.
Sec. 250.1605(h)..................... Removed the date no longer in
effect. Changed the word
``shall'' to ``must''.
Sec. 250.1610(d)(1).................. Removed the date no longer in
effect. Changed the word
``shall'' to ``must'', and the
word ``which'' to ``that''.
Sec. 250.1613(b), (c), (d), (e)...... Removed paragraph (b) and the
following undesignated
paragraph no longer in effect.
Redesignated paragraphs (c),
(d), and (e) as paragraphs
(b), (c), and (d).
Sec. 251.15(e)....................... Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
Sec. 253.5(d)........................ Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
Sec. 253.44.......................... Removed the section since the
dates are no longer in effect.
[RESERVED] the section number
for future use.
Sec. 254.9(d)........................ Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
Sec. 256.0(d)........................ Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
Sec. 256.64(a)(9).................... Removed the section since the
date is no longer in effect.
Sec. 280.13(1)....................... Changed the Alaska Region
address.
Sec. 280.80(e)....................... Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
Sec. 291.1(e); 103; 106(a); 107(a)... Amended the phrase ``Mail Stop
4230'' to ``Mail Stop 5438''.
------------------------------------------------------------------------
Procedural Matters
Regulatory Planning and Review (Executive Order (E.O.) 12866)
This rule is not a significant rule as determined by the Office of
Management and Budget (OMB) and is not subject to review under E.O.
12866.
(1) This rule will not have an annual effect of $100 million or
more on the economy because it only makes technical changes to existing
regulations. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with action taken or planned by another agency. It will have
no effect on any other agency.
(3) This rule will not alter the budgetary effects of entitlements,
grants, user fees or loan programs, or the rights or obligations of
their recipients.
(4) This rule will not raise novel legal or policy issues.
Regulatory Flexibility Act (RFA)
The Department of the Interior certifies that this rule would not
have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
because it only makes technical changes to existing regulations.
Your comments are important to us. The Small Business and
Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness
Boards were established to receive comments from small business about
Federal agency enforcement actions. The Ombudsman will annually
evaluate the enforcement activities and rate each agency's
responsiveness to small business. If you wish to comment on the actions
of MMS, call 1-888-734-3247. You may comment to the Small Business
Administration without fear of retaliation. Allegations of
discrimination/retaliation filed with the Small Business Administration
will be investigated for appropriate action.
Small Business Regulatory Enforcement Fairness Act
The rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801 et seq.). This rule:
a. Will not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The proposed rule would not have a significant or
unique effect on State, local, or Tribal governments or the private
sector. A statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et seq.) is not required.
Takings Implication Assessment (E.O. 12630)
Under the criteria in E.O. 12630, this proposed rule does not have
significant takings implications. The proposed rule is not a
governmental action capable of interference with constitutionally
protected property rights. A Takings Implication Assessment is not
required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this proposed rule does not have
federalism implications. This proposed rule would not substantially and
directly affect the relationship between the Federal and State
governments. To the extent that State and local governments have a role
in OCS activities, this proposed rule would not affect that role. A
Federalism Assessment is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
a. Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
b. Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O. 13175)
Under the criteria in E.O. 13175, we have evaluated this proposed
rule and determined that it has no substantial
[[Page 46907]]
effects on Federally recognized Indian Tribes. There are no Indian or
Tribal lands in the OCS.
Paperwork Reduction Act (PRA)
The rule does not contain any new information collection
requirements subject to the PRA; therefore, it does not require a
submittal to OMB for review and approval under the PRA (44 U.S.C. 3501
et seq). Any information collection burdens referenced in this
rulemaking are already approved under various OMB Control Numbers. The
PRA provides that an agency may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number.
Until OMB approves a collection of information and assigns a control
number, you are not required to respond.
National Environmental Policy Act (NEPA) of 1969
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required
because the rule is covered by a categorical exclusion. This rule is
excluded from the requirement to prepare a detailed statement because
it qualifies as a regulation of an administrative nature (for further
information see 43 CFR 46.210(i)). We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under the National
Environmental Policy Act.
Data Quality Act
In developing this rule, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554, app. C Sec. 515, 114 Stat. 2763, 2763A-153-154).
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
List of Subjects
30 CFR Part 203
Oil and gas exploration, Reporting and recordkeeping requirements.
30 CFR Part 210
Oil and gas exploration, Public lands--mineral resources, Reporting
and recordkeeping requirements.
30 CFR Part 250
Administrative practice and procedure, Oil and gas exploration,
Public lands--rights-of-way, Reporting and recordkeeping requirements.
30 CFR Part 251
Public lands--mineral resources, Reporting and recordkeeping
requirement.
30 CFR Part 253
Environmental protection, Investigations, Oil and gas exploration,
Reporting and recordkeeping requirements.
30 CFR Part 254
Oil and gas exploration, Public lands--minerals resources,
Reporting and recordkeeping requirements.
30 CFR Part 256
Administrative practice and procedure, Oil and gas exploration,
Reporting and recordkeeping requirements.
30 CFR Part 280
Reporting and recordkeeping requirements.
30 CFR Part 291
Oil and gas, Reporting and recordkeeping requirements.
Dated: September 2, 2009.
Ned Farquhar,
Acting Assistant Secretary, Land and Minerals Management.
0
For the reasons stated above, MMS amends 30 CFR Parts 203, 210, 250,
251, 253, 254, 256, 280, and 291 as follows:
PART 203--RELIEF OR REDUCTION IN ROYALTY RATES
0
1. The authority citation for part 203 continues to read as follows:
Authority: 25 U.S.C. 396 et seq.; 25 U.S.C. 396a et seq.; 25
U.S.C. 2101 et seq.; 30 U.S.C. 181 et seq.; 30 U.S.C. 351 et seq.;
30 U.S.C. 1001 et seq.; 30 U.S.C. 1701 et seq.; 31 U.S.C. 9701; 42
U.S.C. 15903-15906; 43 U.S.C. 1301 et seq.; 43 U.S.C. 1331 et seq.;
and 43 U.S.C. 1801 et seq.
0
2. Revise Sec. 203.5 to read as follows:
Sec. 203.5 What is MMS's authority to collect information?
(a) The Office of Management and Budget (OMB) has approved the
information collection requirements in this part under 44 U.S.C. 3501
et seq., and assigned OMB Control Number 1010-0071. The title of this
information collection is ``30 CFR part 203, Relief or Reduction in
Royalty Rates.''
(b) The MMS collects this information to make decisions on the
economic viability of leases requesting a suspension or elimination of
royalty or net profit share. Responses are required to obtain a benefit
or are mandatory according to 43 U.S.C. 1331 et seq. The MMS will
protect information considered proprietary under applicable law and
under regulations at 30 CFR 203.63, ``How do I assess my chances for
getting relief?'' and 250.197, ``Data and information to be made
available to the public or for limited inspection.''
(c) An agency may not conduct or sponsor, and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
(d) Send comments regarding any aspect of the collection of
information under this part, including suggestions for reducing the
burden, to the Information Collection Clearance Officer, Minerals
Management Service, Mail Stop 5438, 1849 C Street, NW., Washington, DC
20240.
0
3. Revise Sec. 203.45(e), introductory text, to read as follows:
Sec. 203.45 If I drill a certified unsuccessful well, what royalty
relief will my lease earn?
* * * * *
(e) If the same wellbore that earns an RSS as a certified
unsuccessful well later produces from a perforated interval the top of
which is 15,000 feet TVD or deeper and becomes a qualified well, it
will be subject to the following conditions:
* * * * *
Sec. 203.82 [Amended]
0
4. In Sec. 203.82(d), remove the words ``Mail Stop 4230,'' and add, in
their place, ``Mail Stop 5438,''.
PART 210--FORMS AND REPORTS
0
5. The authority citation for part 210 continues to read as follows:
Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 396, 2107; 30 U.S.C.
189, 190, 359, 1023, 1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 1334,
1801 et seq.; and 44 U.S.C. 3506(a).
Sec. 210.20 [Amended]
0
6. In Sec. 210.20, remove the words ``Mail Stop 4230,'' and add, in
their place, ``Mail Stop 5438,''.
PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
7. The authority citation for part 250 continues to read as follows:
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
0
8. Revise Sec. 250.108(b) to read as follows:
[[Page 46908]]
Sec. 250.108 What requirements must I follow for cranes and other
material-handling equipment?
* * * * *
(b) All cranes installed on fixed platforms must be equipped with a
functional anti-two block device.
* * * * *
Sec. 250.199 [Amended]
0
9. In Sec. 250.199(d), remove the words ``Mail Stop 4230,'' and add,
in their place, ``Mail Stop 5438,''.
Sec. 250.233 [Amended]
0
10. In Sec. 250.233(b)(2), in the second column of the table remove
the word ``notify'', and add, in its place, the word ``other''.
0
11. Revise Sec. 250.441(b) to read as follows:
Sec. 250.441 What are the requirements for a surface BOP stack?
* * * * *
(b) Your surface BOP stack must include at least four remote-
controlled, hydraulically operated BOPs consisting of an annular BOP,
two BOPs equipped with pipe rams, and one BOP equipped with blind-shear
rams. The blind-shear rams must be capable of shearing the drill pipe
that is in the hole.
* * * * *
0
12. Revise Sec. 250.510 to read as follows:
Sec. 250.510 Diesel engine air intakes.
Diesel engine air intakes must be equipped with a device to shut
down the diesel engine in the event of runaway. Diesel engines that are
continuously attended must be equipped with either remote operated
manual or automatic-shutdown devices. Diesel engines that are not
continuously attended must be equipped with automatic-shutdown devices.
0
13. Revise Sec. 250.511 to read as follows:
Sec. 250.511 Traveling-block safety device.
All units being used for well-completion operations that have both
a traveling block and a crown block must be equipped with a safety
device that is designed to prevent the traveling block from striking
the crown block. The device must be checked for proper operation weekly
and after each drill-line slipping operation. The results of the
operational check must be entered in the operations log.
0
14. Amend Sec. 250.515 by:
0
(a) Revising the table in paragraph (b);
0
(b) Revising the introductory text of paragraph (c); and
0
(c) Revising paragraph (c)(1) to read as follows:
Sec. 250.515 Blowout prevention equipment.
* * * * *
(b) * * *
------------------------------------------------------------------------
When The minimum BOP stack must include
------------------------------------------------------------------------
(1) The expected pressure is less Three BOPs consisting of an annular,
than 5,000 psi,. one set of pipe rams, and one set
of blind-shear rams.
(2) The expected pressure is 5,000 Four BOPs consisting of an annular,
psi or greater or you use two sets of pipe rams, and one set
multiple tubing strings,. of blind-shear rams.
(3) You handle multiple tubing Four BOPs consisting of an annular,
strings simultaneously,. one set of pipe rams, one set of
dual pipe rams, and one set of
blind-shear rams.
(4) You use a tapered drill At least one set of pipe rams that
string,. are capable of sealing around each
size of drill string. If the
expected pressure is greater than
5,000 psi, then you must have at
least two sets of pipe rams that
are capable of sealing around the
larger size drill string. You may
substitute one set of variable bore
rams for two sets of pipe rams.
------------------------------------------------------------------------
(c) The BOP systems for well completions must be equipped with the
following:
(1) A hydraulic-actuating system that provides sufficient
accumulator capacity to supply 1.5 times the volume necessary to close
all BOP equipment units with a minimum pressure of 200 psi above the
precharge pressure without assistance from a charging system.
Accumulator regulators supplied by rig air and without a secondary
source of pneumatic supply, must be equipped with manual overrides, or
alternately, other devices provided to ensure capability of hydraulic
operations if rig air is lost.
* * * * *
0
15. Amend Sec. 250.615 by:
0
(a) Revising the table in paragraph (b);
0
(b) Revising the introductory text of paragraph (c); and
0
(c) Revising paragraph (c)(1) to read as follows:
Sec. 250.615 Blowout prevention equipment.
* * * * *
(b) * * *
------------------------------------------------------------------------
When The minimum BOP stack must include
------------------------------------------------------------------------
(1) The expected pressure is less Three BOPs consisting of an annular,
than 5,000 psi,. one set of pipe rams, and one set
of blind-shear rams.
(2) The expected pressure is 5,000 Four BOPs consisting of an annular,
psi or greater or you use two sets of pipe rams, and one set
multiple tubing strings,. of blind-shear rams.
(3) You handle multiple tubing Four BOPs consisting of an annular,
strings simultaneously,. one set of pipe rams, one set of
dual pipe rams, and one set of
blind-shear rams.
(4) You use a tapered drill At least one set of pipe rams that
string,. are capable of sealing around each
size of drill string. If the
expected pressure is greater than
5,000 psi, then you must have at
least two sets of pipe rams that
are capable of sealing around the
larger size drill string. You may
substitute one set of variable bore
rams for two sets of pipe rams.
------------------------------------------------------------------------
(c) The BOP systems for well-workover operations with the tree
removed must be equipped with the following:
(1) A hydraulic-actuating system that provides sufficient
accumulator capacity to supply 1.5 times the volume
[[Page 46909]]
necessary to close all BOP equipment units with a minimum pressure of
200 psi above the precharge pressure without assistance from a charging
system. Accumulator regulators supplied by rig air and without a
secondary source of pneumatic supply, must be equipped with manual
overrides, or alternately, other devices provided to ensure capability
of hydraulic operations if rig air is lost;
* * * * *
0
16. Revise Sec. 250.803(b)(5)(ii) to read as follows:
Sec. 250.803 Additional production system requirements.
* * * * *
(b) * * *
(5) * * *
(ii) Diesel engine air intake. All diesel engine air intakes must
be equipped with a device to shutdown the diesel engine in the event of
runaway. Diesel engines that are continuously attended must be equipped
with either remote operated manual or automatic shutdown devices.
Diesel engines that are not continuously attended must be equipped with
automatic shutdown devices.
* * * * *
0
17. Revise Sec. 250.1604(f) to read as follows:
Sec. 250.1604 General requirements.
* * * * *
(f) Traveling-block safety device. All drilling units being used
for drilling, well-completion, or well-workover operations that have
both a traveling block and a crown block must be equipped with a safety
device that is designed to prevent the traveling block from striking
the crown block. The device must be checked for proper operation weekly
and after each drill-line slipping operation. The results of the
operational check must be entered in the operations log.
0
18. Revise Sec. 250.1605(h) to read as follows:
Sec. 250.1605 Drilling requirements.
* * * * *
(h) Diesel-engine air intakes. Diesel-engine air intakes must be
equipped with a device to shut down the diesel engine in the event of
runaway. Diesel engines that are continuously attended must be equipped
with either remote-operated manual or automatic-shutdown devices.
Diesel engines that are not continuously attended must be equipped with
automatic shutdown devices.
0
19. Revise Sec. 250.1610(d)(1) to read as follows:
Sec. 250.1610 Blowout preventer systems and system components.
* * * * *
(d) * * *
(1) An accumulator system that provides sufficient capacity to
supply 1.5 times the volume necessary to close and hold closed all BOP
equipment units with a minimum pressure of 200 psi above the precharge
pressure, without assistance from a charging system. Accumulator
regulators supplied by rig air that do not have a secondary source of
pneumatic supply must be equipped with manual overrides or other
devices alternately provided to ensure capability of hydraulic
operations if rig air is lost.
* * * * *
Sec. 250.1613 [Amended]
0
20. In Sec. 250.1613, remove paragraph (b) and the undesignated
paragraph which follows it; and redesignate paragraphs (c), (d), and
(e) as paragraphs (b), (c), and (d).
PART 251--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE
OUTER CONTINENTAL SHELF
0
21. The authority citation for part 251 continues to read as follows:
Authority: 43 U.S.C. 1331 et seq., 31 U.S.C. 9701.
Sec. 251.15 [Amended]
0
22. In Sec. 251.15(e), remove the words ``Mail Stop 4230,'' and add,
in their place, ``Mail Stop 5438,''.
PART 253--OIL SPILL FINANCIAL RESPONSIBLITY FOR OFFSHORE FACILITIES
0
23. The authority citation for part 253 is revised to read as follows:
Authority: 33 U.S.C. 2716, 28 U.S.C. 2461.
Sec. 253.5 [Amended]
0
24. In Sec. 253.5(d), remove the words ``Mail Stop 4230,'' and add, in
their place, ``Mail Stop 5438,''.
Sec. 253.44 [Removed and Reserved]
0
25. Remove and reserve Sec. 253.44.
PART 254--OIL SPILL RESPONSE REQUIREMENTS FOR FACILITIES LOCATED
SEAWARD OF THE COAST LINE
0
26. The authority citation for part 254 continues to read as follows:
Authority: 33 U.S.C. 1321.
Sec. 254.9 [Amended]
0
27. In Sec. 254.9(d), remove the words ``Mail Stop 4230,'' and add, in
their place, ``Mail Stop 5438,''.
PART 256--LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER
CONTINENTAL SHELF
0
28. The authority citation for part 256 continues to read as follows:
Authority: 31 U.S.C. 9701, 42 U.S.C. 6213, and 43 U.S.C. 1334.
Sec. 256.0 [Amended]
0
29. In Sec. 256.0(d), remove the words ``Mail Stop 4230,'' and add, in
their place, ``Mail Stop 5438,''.
Sec. 256.64 [Amended]
0
30. In Sec. 256.64, remove paragraph (a)(9).
PART 280--PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR
ON THE OUTER CONTINENTAL SHELF
0
31. The authority citation for part 280 continues to read as follows:
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
0
32. Revise the table in Sec. 280.13 to read as follows:
Sec. 280.13 Where must I send my application or notification?
* * * * *
------------------------------------------------------------------------
For the OCS off the . . . Apply to . . .
------------------------------------------------------------------------
(a) State of Alaska.......... Regional Supervisor for Resource
Evaluation, Minerals Management Service,
Alaska OCS Region, 3801 Centerpoint
Drive, Suite 500, Anchorage, AK 99503.
(b) Atlantic Coast, Gulf of Regional Supervisor for Resource
Mexico, Puerto Rico, or U.S. Evaluation, Minerals Management Service,
territories in the Caribbean Gulf of Mexico OCS Region, 1201 Elmwood
Sea. Park Boulevard, New Orleans, LA 70123.
[[Page 46910]]
(c) States of California, Regional Supervisor for Resource
Oregon, Washington, Hawaii, Evaluation, Minerals Management Service,
or U.S. territories in the Pacific OCS Region, 770 Paseo Camarillo,
Pacific Ocean. Camarillo, CA 93010.
------------------------------------------------------------------------
Sec. 280.80 [Amended]
0
33. In Sec. 280.80(e), remove the words ``Mail Stop 4230,'' and add,
in their place, ``Mail Stop 5438,''.
PART 291--OPEN AND NON-DISCRIMINATORY ACCESS TO OIL AND GAS
PIPELINES UNDER THE OUTER CONTINENTAL SHELF LANDS ACT
0
34. The authority citation for part 291 is revised to read as follows:
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
Sec. 291.1 [Amended]
0
35. In Sec. 291.1(e), remove the words ``Mail Stop 4230,'' and add, in
their place, ``Mail Stop 5438,''.
Sec. 291.103 [Amended]
0
36. In Sec. 291.103 introductory text, remove the words ``Mail Stop
4230,'' and add, in their place, ``Mail Stop 5438,''.
Sec. 291.106 [Amended]
0
37. In Sec. 291.106(a), remove the words ``Mail Stop 4230,'' and add,
in their place, ``Mail Stop 5438,''.
Sec. 291.107 [Amended]
0
38. In Sec. 291.107(a), remove the words ``Mail Stop 4230,'' and add,
in their place, ``Mail Stop 5438,''.
[FR Doc. E9-22027 Filed 9-11-09; 8:45 am]
BILLING CODE 4310-MR-P
