Minerals Management Service January 2010 – Federal Register Recent Federal Regulation Documents

The MMS has prepared a revised version of its Section 106 Finding of Adverse Effect document related to the proposed Cape Wind Energy Project pursuant to implementing regulations for Section 106 of the National Historic Preservation Act (36 CFR Part 800). The original Finding of Adverse Effect for this project was dated January 29, 2009. The Finding of Adverse Effect is being revised in response to new information that five additional properties within the Area of Adverse Effect for the project have now been found to be eligible for inclusion in the National Register of Historic Places.

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 285, ``Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf,'' and related forms. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

The Minerals Management Service (MMS) published final regulations on September 13, 2004 (69 FR 55076), codified at sections 204.200 through 204.215 of title 30 of the Code of Federal Regulations (CFR), to provide two types of accounting and auditing relief for Federal onshore or Outer Continental Shelf lease production from marginal properties. These regulations require MMS to publish in the Federal Register the decisions of the States concerned to allow or not allow one or both forms of relief allowed by the regulations. As required by the regulations, MMS provided States receiving a portion of the Federal royalties with a list of qualifying marginal Federal oil and gas properties located in the States so that each affected State could decide whether to participate in one or both relief options. For calendar year 2010, this notice provides the decisions by the States concerned to allow one or both types of relief.

The Outer Continental Shelf Lands Act requires the MMS to review the maximum daily civil penalty assessment for violations of regulations governing oil and gas operations in the Outer Continental Shelf at least once every 3 years. This review ensures that the maximum penalty assessment reflects any increases in the Consumer Price Index as prepared by the Bureau of Labor Statistics, U.S. Department of Labor. After conducting the required review in August 2009, the MMS determined that no adjustment is necessary at this time.