Minerals Management Service – Federal Register Recent Federal Regulation Documents

The Minerals Management Service (MMS) published final regulations on September 13, 2004 (69 FR 55076), 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 to allow one or both forms of relief in their state. As required in the rule, MMS provided each state receiving a portion of the Federal royalties with a list of qualifying marginal Federal oil and gas properties located in the state so that each affected state could decide whether to participate in one or both relief options. This Notice provides the decisions by the respective states concerned to allow one or both types of relief.

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 (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR 251, ``Geological and Geophysical (G&G) Explorations of the Outer Continental Shelf.''

The MMS is issuing this notice to advise the public, pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq., that MMS has prepared an environmental assessment (EA) for proposed OCS oil and gas Lease Sale 198 in the Central Gulf of Mexico (GOM) (Lease Sale 198) scheduled for March 2006. Proposed Lease Sale 198 is the fourth Central Planning Area (CPA) lease sale scheduled in the Outer Continental Shelf Oil and Gas Leasing Program: 2002-2007 (5-Year Program, OCS EIS/EA MMS 2002-006). The preparation of this EA is an important step in the decisionmaking process for Lease Sale 198. The proposal for Lease Sale 198 (the offering of all available unleased acreage in the CPA) and its alternatives (the proposed action excluding the unleased blocks near biologically sensitive topographic features, the proposed action excluding the unleased blocks within 15 miles of the Baldwin County, Alabama, Coast, and no action) were identified by the MMS Director in January 2002 following the Call for Information and Nominations/Notice of Intent to Prepare an Environmental Impact Statement (EIS) and were analyzed in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2003-2007; Central Planning Area Sales 185, 190, 194, 198, and 201; Western Planning Area Sales 187, 192, 196, and 200Final Environmental Impact Statement; Volumes I and II (Multisale EIS, OCS EIS/EA MMS 2002-052). The Multisale EIS analyzed the effects of a typical CPA lease sale by presenting a set of ranges for resource estimates, projected exploration and development activities, and impact-producing factors for any of the proposed CPA lease sales. The level of activities projected for proposed Lease Sale 198 falls within these ranges. In this EA, which tiers from the Multisale EIS and incorporates that document by reference, MMS reexamined the potential environmental effects of the proposed action and its alternatives based on any new information regarding potential impacts and issues that were not available at the time the Multisale EIS was prepared. No new significant impacts were identified for proposed Lease Sale 198 that were not already assessed in the Multisale EIS. As a result, MMS determined that a supplemental EIS is not required and prepared a Finding of No New Significant Impact (FONNSI).

To comply with the Paperwork Reduction Act (PRA) of 1995, 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) is based on the Chief Financial Officers Act of 1990 (CFO Act) and is titled ``Accounts Receivable Confirmations.''

The MMS is seeking interested and qualified individuals to serve on its OCS SC during the period of March 31, 2006, through March 30, 2008. The initial 2-year term may be renewable for up to an additional 4 years. The OCS SC is chartered under the Federal Advisory Committee Act to advise the Director of the MMS on the appropriateness, feasibility, and scientific value of the OCS Environmental Studies Program (ESP) and environmental aspects of the offshore energy and marine minerals programs. The ESP, which was authorized by the OCS Lands Act as amended (Section 20), is administered by the MMS and covers a wide range of field and laboratory studies in biology, chemistry, and physical oceanography, as well as studies of the social and economic impacts of OCS energy and marine minerals development. Currently, the work is conducted through award of competitive contracts and interagency and cooperative agreements. The OCS SC reviews the relevance of the information being produced by the ESP and may recommend changes in its scope, direction, and emphasis. The OCS SC comprises distinguished scientists in appropriate disciplines of the biological, physical, chemical, and socioeconomic sciences. Vacancies which need to be filled exist in the social and biological science disciplines. The selection is based on maintaining disciplinary expertise in all areas of research, as well as geographic balance. Demonstrated knowledge of the scientific issues related to OCS oil and gas development is essential. Selection is made by the Department of the Interior on the basis of these factors; appointments to the Committee are made by the Secretary of the Interior.

Pursuant to the authority vested in the Director of the Minerals Management Service by the joint bidding provisions of 30 CFR 256.41, each entity within one of the following groups shall be restricted from bidding with any entity in any other of the following groups at Outer Continental Shelf oil and gas lease sales to be held during the bidding period November 1, 2005, through April 30, 2006. The List of Restricted Joint Bidders published in the Federal Register May 3, 2005, covered the period May 1, 2005, through October 31, 2005.

The Secretary's approved 5-Year OCS Oil and Gas Leasing Program for 2002-2007 provides for 3 sales: Sales 186, 195, and 202 to be held in the Beaufort Sea Programlanning Area. The presale process incorporated planning and analysis for all three sales. From the initial step in the process (the Call for Information and Nominations (Call)) through the final Environmental Impact Statement (EIS)/ Consistency Determination (CD) step, the process covered the multiple- sale proposals. However, we indicated that we would conduct and did conduct complete National Environmental Policy Act (NEPA), OCS Lands Act, and Coastal Zone Management Act processes for each sale, including a proposed and final Notice of Sale. The environmental analysis and the CD for Sale 202 will focus primarily on new issues, new scientific information, and/or changes in the state's federally-approved coastal management plan. The Call NOI to Prepare an EIS for Sales 186, 195, and 202 was published in the Federal Register on September 19, 2001, at 66 FR 48268. The Beaufort Sea Multiple-Sale Final EIS for these sales was released in February 2003 (OCS EIS/EA, MMS 2003-001). Sales 186 and 195 were held on September 24, 2003, and March 30, 2005, respectively. When the multiple-sale EIS was prepared, MMS indicated it would do an EA for Sales 195 and 202 if no significant new issues or impacts are identified. The MMS is now initiating a RFI for Beaufort Sea Sale 202.

To comply with the Paperwork Reduction Act (PRA) of 1995, 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. The title of this information collection request (ICR) is ``30 CFR Part 227Delegation to States; 30 CFR Part 228Cooperative Activities with States and Indian Tribes; and 30 CFR Part 229 Delegation to States.'' We changed the title of this ICR to clarify the regulatory language we are covering under 30 CFR parts 227, 228, and 229 and to reflect OMB approval of consolidation of two ICRs, titled: 1010-0087: 30 CFR Part 228Cooperative Activities with States and Indian Tribes; and 1010-0088: 30 CFR Part 227Delegation to States. In the two ICRs, much of the general information was repeated and cross referenced. This consolidated ICR 1010-0087 eliminates that duplication of effort and redundancy of data and, also, includes 30 CFR part 229 information collection burden hours, which were not included in the previous information collections (1010-0087 and 1010-0088).

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 (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR part 250, subpart I, Platforms and Structures, Notice to Lessees and Operators (NTL)Damage Caused by Hurricane(s). MMS is consolidating, renewing, and expanding upon OMB approved Emergency Requests 1010-0163 and 1010-0164. MMS is consolidating the burden hours from NTL Damage Caused by Hurricane Katrina into this collection. We are also renewing this collection because information needs to be collected for a longer period than allowed by the Emergency OMB Requests. After a major hurricane, lessees need to keep reporting and submitting new information to MMS until all facilities that are able, are back to normal. We are expanding this ICR to include all damage due to any hurricane(s) that may occur in the Gulf of Mexico (GOM) over the next 3 years.

The Minerals Management Service (MMS) is publishing a final rule to provide immediate temporary relief to reporters in the aftermath of Hurricanes Katrina and Rita. The final rule provides an extension to pay royalties owed on Federal oil and gas leases and report corresponding royalty and production reports. On August 29, 2005, Hurricane Katrina struck the Gulf of Mexico coast of the United States. Subsequently, in late September 2005, Hurricane Rita struck the Gulf Coast. Both hurricanes caused extensive damage to areas in which a number of Federal oil and gas lessees, particularly lessees of offshore leases, have their offices and principal operations. This final rule extends the due date for monthly royalty payments and reports and monthly operations reports for Federal oil and gas lessees, royalty payors, and operators whose operations have been disrupted by one or both of the hurricanes to the extent that the lessee, payor, or operator is prevented from submitting accurate payments or accurate reports. Extending the due date for royalty payments means that late payment interest will not accrue for the period between the original due date and the new due date established by this rule.

MMS is delaying until January 1, 2006, the effective date of a rule that will implement fees to offset MMS's costs of providing certain services related to its mineral programs. This delay is necessary because of damage caused in the New Orleans area by Hurricane Katrina and subsequent flooding. The delay will provide relief to the government and the oil and gas industry as they recover from this disaster.

A Call for Information and Nominations was published in the Federal Register on February 9, 2005. The Call area was identical to the program area chosen by the Secretary for leasing consideration in the 5-Year Program for 2002-2007approximately 34 million acres located offshore the coast of Alaska at a distance from shore ranging from 8 nautical miles to 200 nautical miles. Water depths range from 32 feet to 230 feet; a small portion of the northeast corner of the Chukchi Sea area drops to approximately 3,000 feet. Scoping meetings will then be held as needed in appropriate locations. The response to the February 2005 Call for Information for the Chukchi Sea Planning Area indicated a broader industry interest than envisioned in the ``special'' sale process outlined in the Federal Register notice. Instead of nominating a small ``focused'' area, industry commenters proposed consideration of a substantial portion of the planning area. MMS has concluded that consideration of such a large area has merit in light of the significant resource potential and the Administration's goal to expedite exploration of domestic energy resources. However, consideration of such a proposal warrants a more extensive National Environmental Policy Act (NEPA) review than contemplated under the ``special'' sale process that MMS initially considered. Therefore, MMS will initiate a process to prepare a comprehensive ``areawide'' Chukchi Sea EIS. As a result, however, it may not be possible to complete such an EIS in time to allow a sale during the current program. Nonetheless, MMS will initiate the process at this time to preserve the Secretary's options. Commencement of the consultative process in the near future will allow the Secretary to consider a Chukchi lease sale either at the end of the 2002-2007 Program or early in the schedule for the next 5-Year Program for 2007- 2012, but only if such a proposed sale is adopted in the next 5-year program. The decision whether to include such a sale will be made during the process of developing the 5-Year Program for 2007-2012. Our first action to initiate the NEPA review is to issue this NOI. Scoping meetings will then be held as needed in appropriate locations.

This proposed rule would require lessees of federal oil and gas leases in the OCS to provide information on how they will meet the requirements of the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA). It identifies environmental, monitoring, and mitigation information that lessees must submit with plans for exploration and development and production. This rulemaking clarifies our regulations about what information MMS needs to ensure compliance with the ESA and MMPA requirements. The proposed rule would assure that lessees conduct their activities in a manner consistent with the provisions of the ESA and MMPA.

MMS is changing some existing fees and implementing several new fees to offset MMS's costs of performing certain services relating to its minerals programs.

On June 30, 2005, the Director of MMS signed the Final Notice of Sale for Sale 196, and on July 7, 2005, the FNOS was published in the Federal Register at 70 FR 39329. This notice informs potential bidders that the Energy Policy Act of 2005, signed by the President on August 8, 2005, requires that royalty suspension provisions contained in the Energy Policy Act must be used for OCS lease sales occurring during the five-year period beginning on the date of its enactment. Therefore, deepwater royalty suspension volume provisions contained in the FNOS 196 are superseded in part by provisions in the Energy Policy Act of 2005.

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 220. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. The previous title of this ICR was ``30 CFR part 220, Accounting Procedures for Determining Net Profit Share Payment for Outer Continental Shelf Oil and Gas Leases.'' The new title of this ICR is ``30 CFR part 220Accounting Procedures for Determining Net Profit Share Payment for Outer Continental Shelf Oil and Gas Leases, Sec. 220.010 NPSL capital account, Sec. 220.030 Maintenance of records, Sec. 220.031 Reporting and payment requirements, Sec. 220.032 Inventories, and Sec. 220.033 Audits.''

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 D, ``Oil and Gas Drilling Operations,'' and related documents. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

To comply with the Paperwork Reduction Act (PRA) of 1995, 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. The new title of this information collection request (ICR) is titled ``30 CFR PART 206PRODUCT VALUATION, subpart CFederal Oil and subpart DFederal Gas (Form MMS-4393, Request to Exceed Regulatory Allowance Limitation).'' We changed the title of this information collection request (ICR) to clarify the regulatory language we are covering under 30 CFR part 206, and to incorporate relevant portions of three previous ICRs. The three ICRs, now consolidated into this ICR, were previously titled: 1010-0095: 30 CFR Part 206Product Valuation (Request to Exceed Transportation and Processing Allowance Limitation), subpart B Indian Oil, Sec. 206.54(b)(2); subpart CFederal Oil, Sec. 206.109(c)(2); subpart DFederal Gas, Sec. Sec. 206.156(c)(3), 206.158(c)(3), and 206.158(d)(2)(i); and subpart EIndian Gas, Sec. Sec. 206.177(c)(2) and 206.177(c)(3); 1010-0136: 30 CFR 206subpart C, Federal Oil Valuation; and 1010-0157: 30 CFR 206subpart C, Federal Oil. Citations concerning Indian oil and gas, referred to in the above three ICRs, are currently covered in ICR 1010-0103.

On August 17, 2005, the MMS will open and publicly announce bids received for blocks offered in Western GOM Oil and Gas Lease Sale 196, pursuant to the OCS Lands Act (43 U.S.C. 1331-1356, as amended), and the regulations issued thereunder (30 CFR part 256). The Final Notice of Sale 196 Package (FNOS 196 Package) contains information essential to bidders, and bidders are charged with the knowledge of the documents contained in the Package.

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 218, subpart AGeneral Provisions; subpart BOil and Gas, General; and subpart ESolid MineralsGeneral. 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 218. The previous title of this ICR was ``30 CFR Part 218, Subpart BOil and Gas, General.'' The new title of this ICR is ``30 CFR Part 218, Subpart AGeneral Provisions, Sec. 218.42 Cross-lease netting in calculation of late-payment interest; Subpart BOil and Gas, General, Sec. Sec. 218.52 How does a lessee designate a Designee? (Form MMS- 4425, Designation Form for Royalty Payment Responsibility) and 218.53 Recoupment of overpayments on Indian mineral leases; and Subpart E Solid MineralsGeneral, Sec. 218.203 Recoupment of overpayments on Indian mineral leases.''

To comply with the Paperwork Reduction Act (PRA) of 1995, 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. The information collection request (ICR) is titled ``30 CFR Part 202ROYALTIES, Subpart JGas Production From Indian Leases, and Part 206PRODUCT VALUATION, Subpart B Indian Oil, and Subpart EIndian Gas (Forms MMS-4109, Gas Processing Allowance Summary Report; MMS-4110, Oil Transportation Allowance Report; MMS-4295, Gas Transportation Allowance Report; MMS-4410, Accounting for Comparison [Dual Accounting]; and MMS-4411, Safety Net Report).'' The title of this ICR clarifies the regulatory language we are covering under 30 CFR parts 202 and 206, for Indian oil and gas leases, and incorporates relevant portions of six previous ICRs. The six ICRs now consolidated into this ICR were previously titled: 1010-0061: 30 CFR Part 206, Subpart BIndian Oil, Sec. 206.55Determination of Transportation Allowances (Form MMS-4110, Oil Transportation Allowance Report); 1010-0075: 30 CFR Part 206, Subpart EIndian Gas, Sec. 206.178How do I determine a transportation allowance? (Form MMS-4295, Gas Transportation Allowance Report), and Sec. 206.180How do I determine an actual processing allowance? (Form MMS-4109, Gas Processing Allowance Summary Report); 1010-0095: 30 CFR Part 206Product Valuation, Subpart B Indian Oil, Sec. 206.54; Subpart CFederal Oil, Sec. 206.109; Subpart DFederal Gas, Sec. Sec. 206.156 and 206.158; and Subpart E Indian Gas, Sec. 206.177 (Form MMS-4393, Request to Exceed Regulatory Allowance Limitation). Only Indian oil and gas citations and burden hours are covered in this ICR. Form MMS-4393 is also used for Federal oil and gas citations and is retained with ICR 1010-0136 (expires May 31, 2006), where most of the burden hours are incurred; 1010-0103: 30 CFR Part 206, Subpart EIndian Gas (Form MMS-4411, Safety Net Report); 1010-0104: 30 CFR Part 206, Subpart EIndian Gas, Sec. Sec. 206.172, 206.173, and 206.176 (Form MMS-4410, Accounting for Comparison [Dual Accounting]); and 1010-0138: 30 CFR Part 206, Subpart B, Establishing Oil Value on Royalty Due on Indian Leases.

To comply with the Paperwork Reduction Act (PRA) of 1995, 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. The information collection request (ICR) is titled ``30 CFR Part 204 Alternatives for Marginal Properties, Subpart CAccounting and Auditing Relief.'' This ICR covers the regulatory language under 30 CFR part 204, as published in the final rulemaking on September 13, 2004 (69 FR 55076). This citation explains how lessees and their designees can obtain accounting and auditing relief for production from Federal oil and gas leases and units and communitization agreements that qualify as marginal properties.

The Minerals Management Service (MMS) is issuing this notice to advise the public, pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq., that MMS intends to prepare an environmental assessment (EA) for proposed Outer Continental Shelf (OCS) oil and gas Lease Sale 198 in the Central Gulf of Mexico (GOM) (Lease Sale 198) scheduled for March 2006. The MMS is issuing this notice to facilitate public involvement. The preparation of this EA is an important step in the decision process for Lease Sale 198. The proposal and alternatives for Lease Sale 198 were identified by the MMS Director in January 2002 following the Call for Information and Nominations/Notice of Intent to Prepare an Environmental Impact Statement (EIS) and were analyzed in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2003-2007; Central Planning Area Sales 185, 190, 194, 198, and 201; Western Planning Area Sales 187, 192, 196, and 200Final Environmental Impact Statement; Volumes I and II (Multisale EIS, OCS EIS/EA MMS 2002-052). This EA will reexamine the potential environmental effects of the proposed action (the offering of all available unleased acreage in the Central Planning Area (CPA)) and its alternatives (the proposed action excluding the unleased blocks near biologically sensitive topographic features; the proposed action excluding the unleased blocks within 15 miles of the Baldwin County, Alabama, coast; and no action) based on any new information regarding potential impacts and issues that were not available at the time the Multisale EIS was prepared.

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 (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR 250, Subpart C, ``Pollution Prevention and Control.''

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 (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR 280, ``Prospecting for Minerals Other than Oil, Gas, and Sulphur on the Outer Continental Shelf.''