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Minerals Management Service (MMS), Interior.
Final rule.
The MMS is updating its regulations to reflect changes in our organization name, system names, handbook titles, addresses, and regulatory cites as well as correcting miscellaneous clerical errors. We are also removing certain parts of the CFR relating to laws that have been repealed. These technical amendments will make MMS regulations more accurate and useful.
This rule is effective April 18, 2002.
Carol P. Shelby, Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 320B2, Denver, Colorado 80225-0165; telephone (303) 231-3151; FAX (303) 231-3385; e-mail Carol.Shelby@mms.gov.
This final rule contains technical amendments that will make MMS regulations more accurate and useful. The Department of the Interior finds good cause to issue this rule without notice and opportunity for public comment. Public comment is unnecessary because this rule contains technical amendments that relate to (1) agency administration and, thus, do not affect the regulated community or (2) regulations rendered null and void by subsequent legislation over which MMS has no control. For the same reasons, a 30-day period is not required between publication of the final rule and its effective date under 5 U.S.C. 553(d). All of the amendments in this rule are covered in the following seven categories:
In October 2000, the MMS Royalty Management Program was reorganized and renamed Minerals Revenue Management. To reflect this change, we have removed all references to the Royalty Management Program wherever it occurs in our regulations. The change in organization name necessarily affected the title of our Associate Director which we also corrected in this rule.
In October 2001, we implemented our reengineered financial and compliance computer system. To reflect this change, we have removed all references to our former computer systems—the Auditing and Financial System (AFS) and the Production Accounting and Auditing System (PAAS)—wherever they occur in our regulations.
In October 2001, we began using revised handbooks to reflect our reengineered reporting requirements. Thus, we revised references to previous handbook titles such as the Oil and Gas Payor Handbook, the PAAS Onshore Oil and Gas Reporter Handbook, and the PAAS Reporter Handbook—Lease, Facility/Measurement Point, and Gas Plant Operators wherever they occur in our regulations. We also replaced specific titles with the more generic terms, revenue reporter handbook and production reporter handbook, in order to minimize future regulatory revisions.
On February 11, 2002, the Office of Hearings and Appeals moved their office location to a new street address in Arlington, Virginia. In part 241, we corrected the street address to read 801 North Quincy Street wherever necessary.
Over a number of years, various sections, and paragraphs within sections, have been renumbered and often re-titled as our regulations were amended. Because regulatory amendments occur quite frequently, we have changed our cross-references to refer readers, in most cases, to specific parts rather than the sections or paragraphs within the parts. We believe this practice will minimize the need for future regulatory changes. For example, rather than refer the reader to 30 CFR 210.53, which may not exist after a pending revision becomes effective, we have generalized the cross-reference to read “part 210 of this chapter.”
We are also taking this opportunity to make miscellaneous corrections such as the name of a subsequently amended law and certain spelling errors.
We removed part 230 because it pertains to refunds under Section 10 of the Outer Continental Shelf Lands Act (43 U.S.C. 1339). Section 10 was repealed by the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (30 U.S.C 1732 note) effective August 13, 1996. Procedures for requesting Section 10 refunds before and after repeal are contained in chapter 6 of our revenue reporter handbook.
This is an MMS administrative action that imposes no monetary costs or benefits on industry, the Federal Government, State and local governments, or Indian tribes and allottees. The cost and benefit information in this Item 1 of Procedural Matters is used as the basis for the Departmental certifications in Items 2-12.
This document is not a significant rule and is not subject to review by the Office of Management and Budget under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on the economy. ( printed page 19110) 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 an action taken or planned by another agency.
(3) This rule does not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients.
(4) This rule does not raise novel legal or policy issues.
The Department of the Interior certifies that this document will not have a significant adverse effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule:
a. Does 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. Does 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.
This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does 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. 1531 et seq.) is not required.
In accordance with Executive Order 12630, this rule does not have significant takings implications. This rule does not impose conditions or limitations on the use of any private property; consequently, a takings implication assessment is not required.
In accordance with Executive Order 13132, this rule does not have Federalism implications. This rule does not substantially or directly affect the relationship between the Federal and State governments or impose costs on States or localities.
In accordance with Executive Order 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
This rule does not contain any new or changed information collections, as defined by the Paperwork Reduction Act, that must be submitted to the Office of Management and Budget for approval.
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.
In accordance with Executive Order 13175, this rule does not have tribal implications that impose substantial direct compliance costs on Indian tribal governments.
Under Executive Order 13211, this rule is not a significant regulatory action and will not have a significant adverse effect on energy supply, distribution, or use. A Statement of Energy Effects is not necessary.
Dated: March 26, 2002.
Rebecca W. Watson,
Assistant Secretary for Land and Minerals Management.
For reasons stated in the preamble, MMS amends 30 CFR parts 201, 206, 212, 216, 217, 218, 219, 220, 227, 228, 230, 241, and 243, as follows:
1. The authority citation for part 201 continues to read as follows:
2. In § 201.100, in the section heading, remove the word “Royalty” and add in its place “Minerals Revenue.”
3. The authority citation for part 206 continues to read as follows:
4. In § 206.52, paragraph (e)(2), second sentence, remove the word “Royalty” and add in its place “Minerals Revenue.”
5. In § 206.103, paragraph (b)(2)(iii), remove the words “ ‘Oil and Gas Payor Handbook’ ” and add in its place “revenue reporter handbook.”
6. In § 206.152, paragraph (e)(3), second sentence, remove the word “Royalty” and add in its place “Minerals Revenue.”
7. In § 206.153, paragraph (e)(3), second sentence, remove the word “Royalty” and add in its place “Minerals Revenue.”
8. In § 206.250, paragraph (c), remove the word “Mineral” and add in its place “Minerals.”
9. In § 206.352, paragraph (e)(3), second sentence, remove the word “Royalty” and add in its place “Minerals Revenue.”
10. In § 206.355, paragraph (e)(3), second sentence, remove the word “Royalty” and add in its place “Minerals Revenue.”
11. In § 206.356, paragraph (d)(3), second sentence, remove the word “Royalty” and add in its place “Minerals Revenue.”
12. The authority citation for part 212 is revised to read as follows:
13. In § 212.51, paragraph (a), last sentence, remove the words “for use in its Auditing and Financial System (AFS) and Production Accounting and Auditing System (PAAS).”
14. Amend § 212.351 as follows:
a. In paragraph (a), last sentence, remove the words “for use in its AFS and Production Accounting and Auditing System.”
b. In paragraph (c), first sentence, remove the word “Royalty” and add in its place “Minerals Revenue.”
15. The authority citation for part 216 continues to read as follows:
16. Amend § 216.6 as follows:
a. In the definition of “Associate Director,” remove the word “Royalty” and add in its place “Minerals Revenue.”
b. Remove the definition of “MMS/RMP.”
c. Remove the definition of “Production Accounting and Auditing System (PAAS).”
d. In the definition of “reporter,” remove the word “PAAS” and add in its place “production.”
17. Amend § 216.15 as follows:
a. In paragraph (a), first sentence, remove the words “a ‘PAAS Reporter Handbook’ and a ‘PAAS Onshore Oil and Gas Reporter Handbook,' ” and add in their place “the production reporter handbook.”
b. In paragraph (a), second sentence, remove the words “Reporter Handbooks are” and add in their place “reporter handbook is.” Also remove the words “Royalty Management Program” and add in their place “Minerals Revenue Management.”
c. In paragraph (b), first sentence, remove the words “these handbooks” and add in their place “the handbook.”
d. In paragraph (b), last sentence, remove the word “handbooks” and add in its place “handbook.”
18. Amend § 216.16 as follows:
a. In paragraph (a), remove the word “Mineral” and add in its place “Minerals.” Also, remove the words “Royalty Management Program” and add in their place “Minerals Revenue Management.”
b. In paragraph (b), remove the words “Royalty Management Program” and add in their place “Minerals Revenue Management.”
19. In § 216.21, second sentence, remove the words “Production Accounting and Auditing System Reporters Handbook” and add in their place “production reporter handbook.”
20. In § 216.30, last sentence, remove the year “1980” and add in its place the year “1995.”
21. The authority citation for part 217 continues to read as follows:
22. In § 217.200, in the first, third and last sentences, remove the word “Royalty” and add in its place “Minerals Revenue.”
23. The authority citation for part 218 continues to read as follows:
24. Amend § 218.51 as follows:
a. In paragraph (g)(1), first sentence, remove the cross-reference “ 30 CFR 243.2, Suspensions of orders or decisions pending appeal,” and add in its place “part 243 of this chapter.”
b. In paragraph (h)(2), remove the cross-reference “ 30 CFR 241.20 and 241.51” and add in its place “part 241 of this chapter.”
25. Amend § 218.53 as follows:
a. In paragraph (b), second sentence, remove the words “‘Oil and Gas Payor Handbook,”' and add in their place “revenue reporter handbook.”
b. In paragraph (b), third sentence, remove the cross-reference “ 30 CFR 210.53” and add in its place “part 210 of this chapter.”
26. In § 218.102, paragraph (b), first sentence, remove the paragraph designations “(f)(1) and (f)(2)” after the cross-reference “§ 218.51.”
27. In § 218.150, paragraph (c), first sentence, remove the paragraph designations “(f)(1) and (f)(2)” after the cross-reference “§ 218.51.”
28. In § 218.151, paragraph (c), second sentence, remove the word “segreation” and add in its place “segregation.”
29. Amend § 218.155 as follows:
a. In paragraph (a), first sentence, remove the words “of this part” after the cross-reference “§ 218.51.”
b. In paragraph (d)(3), remove the paragraph designations “(f)(1) and (f)(2)” after the cross-reference “§ 218.51.”
30. In § 218.202, paragraph (b), first sentence, remove the paragraph designations “(f)(1) and (f)(2)” after the cross-reference “218.51” and add a section symbol before “218.51.”
31. In § 218.302, paragraph (b), first sentence, remove the paragraph designations “(f)(1) and (f)(2)” after the cross-reference “§ 218.51.”
32. The authority citation for part 219 continues to read as follows:
33. In § 219.102, last sentence, remove the words “Royalty Management Program” and add in their place “Minerals Revenue Management.”
34. The authority citation for part 220 continues to read as follows:
35. In § 220.011, paragraph (c)(1), first sentence, remove the word “furnish” and add in its place “furnished.”
36. The authority citation for part 227 continues to read as follows:
37. In § 227.103, first sentence, remove the word “Royalty” and add in its place “Minerals Revenue.”
38. In § 227.110, paragraph (b), second sentence, and paragraph (e), remove the word “Royalty” and add in its place “Minerals Revenue.”
39. In § 227.401, paragraph (f), remove the words “the PAAS Onshore Oil and Gas Reporter Handbook, the PAAS Reporter Handbook-Lease, Facility/Measurement Point, and Gas Plant Operators” and add in their place “the production reporter handbook.”
40. In § 227.501, paragraph (c), remove the words “into the Auditing and Financial System (AFS) and the Production Accounting and Auditing System (PAAS).”
41. The authority citation for part 228 continues to read as follows:
42. In § 228.6, in the definition of “audit,” last sentence, remove the words “the Auditing and Financial System and the Production Accounting and Auditing System.”
43. Remove and reserve Part 230—Recoupments and Refunds.
44. The authority citation for part 241 is revised to read as follows:
45. In § 241.54, first sentence, remove the words “4015 Wilson Boulevard,” and add in their place “801 North Quincy Street.”
46. In § 241.56, paragraph (b), remove the words “4015 Wilson Boulevard,” and add in their place “801 North Quincy Street.”
47. In § 241.62, first sentence, remove the words “4015 Wilson Boulevard,” and add in their place “801 North Quincy Street.”
48. In § 241.64, paragraph (b), remove the words “4015 Wilson Boulevard,” and add in their place “801 North Quincy Street.”
49. The authority citation for part 243 continues to read as follows:
50. Revise the heading of part 243 to read as set forth above.
51. In § 243.3, in the definition of “MMS bond-approving officer,” remove the word “Royalty” and add in its place “Minerals Revenue.”
[FR Doc. 02-9242 Filed 4-17-02; 8:45 am]
BILLING CODE 4310-MR-P