Pipeline Right-of-Way Applications and Assignment Fees; Requirements for Filing of Transfers

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 250 and 256

RIN 1010-AC04

Pipeline Right-of-Way Applications and Assignment Fees;

Requirements for Filing of Transfers

AGENCY: Minerals Management Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Minerals Management Service (MMS) proposes to amend its

regulations governing the filing fees charged for processing pipeline

right-of-way applications and assignments, and applications for

approval of instruments of transfer of a lease or interest. This

amendment proposes to increase the filing fees for these documents,

which will allow MMS to recover the full processing costs. MMS further

proposes to adjust the filing fees by indexing them to the Consumer

Price Index ``U'' which will enable MMS to continue to recover the

processing costs of these documents. MMS will periodically publish

these filing fee increases in the Federal Register.

DATES: Comments must be received or postmarked no later than October

10, 1995 to be consider in this rulemaking.

ADDRESSES: Comments should be mailed or hand-carried to the Department

of the Interior; Minerals Management Service; Mail Stop 4700; 381 Elden

Street; Herndon, Virginia 22070-4817; Attention: Chief, Engineering and

Standards Branch.

FOR FURTHER INFORMATION CONTACT: Andy Radford, telephone (703) 787-1144

or Jo Ann Lauterbach, telephone (703) 787-1606.

SUPPLEMENTARY INFORMATION:

Background

MMS last increased the filing fees for pipeline right-of-way

applications and assignments on April 1, 1988. At that time, the fee

for a pipeline right-of-way application was increased to $1,400, and

the fee for a pipeline right-of-way assignment was increased to $50.

MMS has not changed the $25 filing fee for instruments of transfer of a

lease or interest since the administration of regulations concerning

Outer Continental Shelf minerals and rights-of-way was transferred to

MMS from the Bureau of Land Management under Amendment No. 1 to

Secretarial Order No. 3071, dated May 10, 1982.

During the years since MMS last adjusted these filing fees, the

costs to process these documents have increased. MMS conducted in-house

cost analyses based on the costs of salaries and benefits, computer

time, and overhead in each of the regional offices to determine the

average processing cost for each of these documents. The results showed

that MMS is undercharging for these services, and therefore, MMS is

proposing to increase the fees.

This amendment proposes to increase the filing fee for a pipeline

right-of-way application from $1,400 to $2,350; the filing fee for a

pipeline right-of-way assignment from $50 to $60; and the filing fee

for instruments of transfer of a lease or an interest from $25 to $185.

Further, the amendment proposes to index the filing fees to the

Consumer Price Index ``U''. The MMS will announce subsequent changes to

the filing fee in the Federal Register.

Authors: The principal authors for this proposed rule are Andy

Radford and Jo Ann Lauterbach, Engineering and Standards Branch,

MMS.

[[Page 41035]]

Executive Order (E.O.) 12866

The Department of the Interior (DOI) reviewed this proposed rule

under E.O. 12866 and determined that this document is not a significant

rule.

Regulatory Flexibility Act

The DOI has determined that this proposed rule will not have a

significant economic effect on a substantial number of small entities.

Any direct effects of this rulemaking will primarily affect OCS lessees

and operators--entities that are generally not small due to the

technical complexities and financial resources necessary to conduct OCS

activities.

Paperwork Reduction Act

The Office of Management and Budget (OMB) approved the collections

of information contained in this proposed rule under 44 U.S.C. 3501 et

seq., and assigned clearance numbers 1010-0050 and 1010-0006.

Takings Implication Assessment

The DOI certifies that the proposed rule does not represent a

governmental action capable of interference with constitutionally

protected property rights. This action does not require a Takings

Implication Assessment prepared pursuant to E.O. 12630, Government

Action and Interference with Constitutionally Protected Property

Rights.

E.O. 12778

The DOI has certified to OMB that this proposed rule meets the

applicable civil justice reform standards provided in Sections 2(a) and

2(b)(2) of E.O. 12778.

National Environmental Policy Act

The DOI has determined that this action does not constitute a major

Federal action significantly affecting the quality of the human

environment; therefore, this action does not require the preparation of

an Environmental Impact Statement.

List of Subjects

30 CFR Part 250

Continental shelf, Environmental impact statements, Environmental

protection, Government contracts, Incorporation by reference,

Investigations, Mineral royalties, Oil and gas development and

production, Oil and gas exploration, Oil and gas reserves, Penalties,

Pipelines, Public lands--mineral resources, Public lands--rights-of-

way, Reporting and recordkeeping requirements, Sulphur development and

production, Sulphur exploration, Surety bonds.

30 CFR Part 256

Administrtive practice and procedure, Continental shelf, Government

contracts, Incorporation by reference, Oil and gas exploration, Public

lands--mineral resources, Reporting and recordkeeping requirements,

Surety bonds.

Dated: May 12, 1995.

Bob Armstrong,

Assistant Secretary, Land and Minerals Management.

For the reasons set out in the preamble, 30 CFR parts 250 and 256

are proposed to be amended as follows:

PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER

CONTINENTAL SHELF

1. The authority citation for part 250 is amended to read as

follows:

Authority: 43 U.S.C. 1334.

2. Section 250.160 is amended by revising the fifth sentence and

adding a new sentence following the fifth sentence in paragraph (a) to

read as follows:

Sec. 250.160 Applications for a pipeline right-of-way grant.

(a) * * * A nonrefundable filing fee of $2,350 and the rental

required under Sec. 250.159(c)(2) of this part must accompany a new

right-of-way application. MMS will periodically make technical

amendments to adjust the filing fee according to the Consumer Price

Index ``U''. * * *

* * * * *

3. Section 250.163 is amended by revising the last sentence in

paragraph (b) and adding a new sentence following the last sentence to

read as follows;

Sec. 250.163 Assignment of a right-of-way grant.

* * * * *

(b) * * * A nonrefundable filing fee of $60 must accompany the

application for the approval of an assignment. MMS will periodically

make technical amendments to adjust the filing fee according to the

Consumer Price Index ``U''.

PART 256--LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER

CONTINENTAL SHELF

4. The authority citation for part 256 continues to read as

follows:

Authority: 43 U.S.C. 1331 et seq.

5. Section 256.64 is amended by revising the first sentence in

paragraph (a)(2) and adding a new sentence following the first sentence

to read as follows:

Sec. 256.64 Requirements for filing of transfers.

(a) * * *

(2) A nonrefundable filing fee of $185 must accompany an

application for approval of any instrument of transfer required to be

filed. MMS will periodically make technical amendments to adjust the

filing fee according to the Consumer Price Index ``U''. * * *

[FR Doc. 95-19233 Filed 8-10-95; 8:45 am]

BILLING CODE 4310-MR-M