Minerals Management Service 2008 – Federal Register Recent Federal Regulation Documents

The purpose of the proposed Federal actions addressed in this DEIS (OCS EIS/EA MMS 2008-055) is to offer for lease areas in the Beaufort Sea and Chukchi Sea Outer Continental Shelf (OCS) that may contain economically recoverable oil and natural gas resources. These lease sales would provide qualified bidders the opportunity to bid on certain blocks in the Beaufort Sea and Chukchi Sea OCS to gain conditional rights to explore, develop, and produce oil and natural gas. This DEIS is a draft of the National Environmental Policy Act (NEPA) analysis that will enable the Minerals Management Service (MMS) to make informed decisions on the configuration of the lease sales and the applicable mitigation measures. In the DEIS, the potential direct, indirect, and cumulative environmental impacts of the proposed sales and alternatives, including projected exploration and development and production activities on the physical, biological, and human environments in the Beaufort Sea and Chukchi Sea areas, are analyzed. The DEIS integrates the biological assessment elements required under Section 7 of the Endangered Species Act (per Section 402.06 of the Act) for species under jurisdiction of the U.S. Fish and Wildlife Service. The DEIS reflects the information in the MMS Biological Assessment and the National Marine Fisheries Service (NMFS) Biological Opinion (dated July 17, 2008) for the bowhead, fin, and humpback whales.

The Minerals Management Service (MMS) published final regulations on September 13, 2004 (69 FR 55076), codified at 30 CFR 204.200 through 204.215, to provide accounting and auditing relief for marginal Federal oil and gas properties. The rule requires MMS to publish in the Federal Register the decisions of the states concerned to allow or not allow one or both forms of relief in their state. As required in the rule, MMS provided states receiving a portion of the Federal royalties with a list of qualifying marginal Federal oil and gas properties located in their state so that each affected state could decide whether to participate in one or both relief options. This notice provides the decisions by the states concerned to allow one or both types of relief.

Minerals Management Service (MMS), in accordance with Federal Regulations that implement the National Environmental Policy Act (NEPA), announces the availability of NEPA-related Site-Specific Environmental Assessments (SEA) and Findings of No Significant Impact (FONSI), prepared by MMS for the following oil-, gas-, and mineral- related activities proposed on the Gulf of Mexico and Atlantic OCS.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR 280, ``Prospecting for Minerals other than Oil, Gas, and Sulphur on the Outer Continental Shelf,'' and related documents. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

This final rule amends existing deep gas royalty relief regulations to reflect statutory changes enacted in the Energy Policy Act of 2005. It provides additional royalty relief for certain ultra- deep wells on Outer Continental Shelf leases in shallow water in the Gulf of Mexico. It extends both the existing and the additional deep gas royalty relief to Outer Continental Shelf leases in deeper water than before. Finally, this final rule applies discretionary royalty relief procedures that have been used by deepwater leases in the Gulf of Mexico to leases offshore of Alaska.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. This information collection request (ICR) pertains to onshore and offshore royalty and production reporting on oil, gas, and geothermal leases on Federal and Indian lands. We changed the title of this ICR to reflect current regulatory actions. The new title of this ICR is ``30 CFR Parts 210 and 212, Royalty and Production Reporting.'' Publication of the final rule, RIN 1010-AD20, Reporting Amendments, on March 26, 2008 (73 FR 15885), changed a number of citations, primarily under 30 CFR part 210. The final rule removed 30 CFR part 216 and replaced part 210 in its entirety. In this revision, we also consolidated the following ICRs to allow programwide review of both aspects of reportingremittance of royalties and production accounting on oil, gas, and geothermal leases: 1010-0139, previously titled ``30 CFR Part 210Forms and Reports and Part 216Production Accounting;'' and 1010-0140, previously titled ``30 CFR Part 210Forms and Reports.''

MMS is delaying until December 8, 2008, 60 days from the date of publication, the effective date of a rule that will conform the regulations at 30 CFR parts 203 and 260 to the Federal Court's decision in Santa Fe Snyder Corp. v. Norton, 385 F.3d 884 (5th Cir. 2004). This delay of effective date is necessary to comply with the Congressional review provisions of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq. (the Congressional Review Act).

Notice is hereby given that effective with this publication, the following NAD 83-based Outer Continental Shelf Official Protraction Diagrams (for Alaska), and NAD 27-based Outer Continental Shelf Official Protraction Diagrams (for the Gulf of Mexico), with revision dates as indicated, are now available. The Minerals Management Service in accordance with its authority and responsibility under Title 43, Code of Federal Regulations, is updating the basic record used for the description of oil and gas, mineral, and alternative energy lease sales in the geographic areas they represent.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR Part 250, Subpart C, Pollution Prevention and Control and related documents. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

This Call for Information and Nominations (hereinafter referred to as the ``Call'') is the initial step in the prelease process. The purpose of the Call is to gather information on oil and gas leasing, exploration, and development that might result from an OCS oil and gas lease sale tentatively scheduled in early 2010. The purpose of the NOP is to announce MMS's intent to prepare an EA for CPA Sale 213.

This rule amends 30 CFR parts 203 and 260 to conform the regulations to the decision of the United States Court of Appeals for the Fifth Circuit in Santa Fe Snyder Corp., et al. v. Norton. That decision found that certain provisions of the MMS regulations interpreting section 304 of the Deep Water Royalty Relief Act are contrary to the requirements of the statute. MMS will determine lessees' royalty under leases subject to Deep Water Royalty Relief Act section 304, for both past and future periods, in a manner consistent with the Fifth Circuit's decision in the Santa Fe Snyder case and this rule.

The MMS announces the availability of the proposed Notice of Sale for proposed Sale 208 in the CPA. This Notice is published pursuant to 30 CFR 256.29(c) as a matter of information to the public. With regard to oil and gas leasing on the OCS, the Secretary of the Interior, pursuant to section 19 of the OCS Lands Act, provides the affected States the opportunity to review the proposed Notice. The proposed Notice sets forth the proposed terms and conditions of the sale, including minimum bids, royalty rates, and rentals.

This proposed rule would revise the production measurement regulations to establish meter proving, meter verification/calibration, and well test requirements after hurricanes and other events beyond the control of the lessee. This rulemaking would eliminate some reporting burden on industry, and it would eliminate the need for MMS to grant waivers to the reporting requirements in certain situations. The proposed rule would also add new definitions providing clarity in the training regulations, which should lead to improved training of Outer Continental Shelf workers.

This final rule amends regulations for oil and gas leases on the Outer Continental Shelf to implement a mandate in the Gulf of Mexico Energy Security Act of 2006. These amendments (1) provide a credit to lessees who relinquish certain eligible leases in the Gulf of Mexico; (2) define eligible leases as those within 125 miles of the Florida coast in the Eastern Planning Area, and certain leases within 100 miles of the Florida coast in the Central Planning Area; and (3) allow lessees to use the credits in lieu of monetary payment for either a lease bonus bid or royalty due on oil and gas production from most other leases in the Gulf of Mexico, or to transfer the credits to other Gulf of Mexico lessees for their use.

This notice announces the September 18, 2008, meeting of the Royalty Policy Committee (RPC). Agenda items for the meeting of the RPC will include remarks from the Director, MMS, and the Associate Director, Minerals Revenue Management (MRM); a status report on the Department of Interior's implementation of recommendations from the RPC Subcommittee on Royalty Management; and a presentation on the Royalty in Kind (RIK) Fiscal Year 2007 Annual Report. The agenda also includes a briefing on a recent Office of Inspector General Evaluation of the RIK oil sales process; an update on the MRM Compliance Program; status reports on the rulemakings for Indian Oil Valuation and Advanced Royalty for Coal; and updates from the Oil and Gas Valuation, Oil and Gas Royalty Reporting, and RIK Subcommittees. The RPC membership includes representation from states, Indian Tribes, various mineral interests, the public-at-large (with knowledge and interest in royalty issues), and other Federal departments.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. This information collection request (ICR) pertains to valuation of oil and gas produced from Federal onshore and offshore leases. We changed the title of this ICR to meet OMB requirements and to reflect the consolidation of two ICRs relating to Federal oil and gas valuation. The new title of this ICR is ``30 CFR Parts 202, 204, and 206, Federal Oil and Gas Valuation.'' In this extension, we are consolidating the following ICRs, which allows programwide review of Federal oil and gas leases: 1010-0136, previously titled ``30 CFR Part 202Royalties, Subpart CFederal and Indian Oil and Subpart DFederal Gas; and Part 206Product Valuation, Subpart CFederal Oil and Subpart DFederal Gas;'' and 1010-0155, previously titled ``30 CFR Part 204 Alternatives for Marginal Properties, Subpart CAccounting and Auditing Relief.''

Section 18 of the OCS Lands Act (43 U.S.C. 1344) requires the Department of the Interior to solicit information from interested and affected parties during the preparation of a 5-year OCS oil and gas leasing program. The current 5-year program covers the period July 2007 to June 30, 2012. The Department's MMS is soliciting information on whether to begin a new Program for mid-2010 to mid-2015 (approximate dates) to succeed the current one. Section 18 requires completion of a multi-step process of public consultation and analysis before the Secretary of the Interior may approve a new 5-Year Program. The section 18 process includes the following required steps: This initial solicitation of comments; development of a draft proposed program, a proposed program, a proposed final program; and Secretarial approval. If the decision is made to prepare a new 5-Year Program, the MMS will also prepare appropriate NEPA analysis documents. The public will have opportunities to comment on the draft proposed program, the draft EIS or other NEPA documents, and the proposed program. This Notice in particular requests comments on areas that are restricted from leasing by Congressional Moratoria but were removed from Presidential Withdrawal on July 14, 2008.

The Minerals Management Service hereby gives notice that it is extending the public comment period on a proposed rule, which was published in the Federal Register on May 27, 2008, with public comments due by July 28, 2008. The proposed rule would amend the regulations on distribution and disbursement of royalties, rentals, and bonuses to include the allocation and disbursement of revenues from certain leases on the Gulf of Mexico Outer Continental Shelf in accordance with the provisions of the Gulf of Mexico Energy Security Act of 2006. (73 FR 30331, May 27, 2008).

The Director of the Minerals Management Service (MMS) is requesting nominations for three public representatives to serve on the Department's Royalty Policy Committee (RPC). These nominations may originate from State and local governments, universities, organizations, or individuals, and they may include self-nominations.

To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will submit to the Office of Management and Budget for review and approval. The information collection request concerns the paperwork requirements in the regulations under 30 CFR 250, Subpart I, Platforms and Structures, Notice to Lessees and OperatorsDamage Caused by Hurricane(s). This request covers damage due to any hurricane(s) that may occur in the Gulf of Mexico over the next 3 years.

The MMS is proposing regulations that would establish a program to grant leases, easements, and rights-of-way (ROW) for alternative energy project activities on the Outer Continental Shelf (OCS) as well as for certain previously unauthorized activities that involve the alternate use of existing facilities located on the OCS; and would establish the methods for sharing revenues generated by this program with nearby coastal States. These regulations are also intended to ensure the orderly, safe, and environmentally responsible development of alternative energy sources on the OCS. The MMS is developing this program and proposed regulations under the authority granted the Secretary of the Interior (Secretary) by the Energy Policy Act of 2005 (EPAct), which amended the Outer Continental Shelf Lands Act (OCS Lands Act). Under this new authority, the Secretary maintains discretionary authority to issue leases, easements or ROWs on the OCS for previously unauthorized activities that: Produce or support production, transportation, or transmission of energy from sources other than oil and gas; or use, for energy-related or other authorized marine-related purposes, facilities currently or previously used for activities authorized under the OCS Lands Act. The MMS has prepared a Draft Environmental Assessment (EA) analyzing this proposed rule. The Draft EA incorporates by reference the Programmatic Environmental Impact Statement (EIS) Programmatic Environmental Impact Statement for Alternative Energy Development and Production and Alternate Use of Facilities on the Outer Continental Shelf, Final Environmental Impact Statement, October 2007. This Draft EA was prepared to assess any impacts of this proposed rule. We are furnishing this notification to allow other agencies and the public an opportunity to review and comment on the Draft EA. All comments received on this proposed rulemaking and the Draft EA will become part of the public record and will be available for review.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to the Office of Management and Budget (OMB) an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR part 243. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. We changed the title of this ICR to clarify the regulatory language we are covering under 30 CFR part 243. The previous title of this ICR was ``30 CFR 243Suspensions Pending Appeal and BondingMinerals Revenue Management (Forms MMS-4435, Administrative Appeal Bond; MMS-4436, Letter of Credit; and MMS-4437, Assignment of Certificate of Deposit).'' The new title of this ICR is ``30 CFR Part 243Suspensions Pending Appeal and BondingMinerals Revenue Management.''

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR 250, Subpart M, Unitization. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.