46904 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 

Amendments to the Regulations 

■ Accordingly, 26 CFR part 301 is 

amended as follows: 

PART 301—PROCEDURE AND 

ADMINISTRATION 

■ Paragraph 1. The authority citation 

for part 301 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 301.7701–2 is 

amended by: 

■ 1. Revising paragraphs (c)(2)(iii) and 

(c)(2)(iv)(B). 

■ 2. Redesignating paragraph (c)(2)(v)(B) 

as paragraph (c)(2)(v)(C) and added new 

paragraph (c)(2)(v)(B). 

■ 3. In newly-designated paragraph 

(c)(2)(v)(C), Example (iv) is added. 

■ 4. Revising paragraph (e)(2). 

The additions and revisions read as 

follows: 

§ 301.7701–2 Business entities; 

definitions. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) [Reserved]. For further guidance, 

see § 301.7701–2T(c)(2)(iii). 

(iv) * * * 

(B) [Reserved]. For further guidance, 

see § 301.7701–2T(c)(2)(iv)(B). 

* * * * * 

(v) * * * 

(B) [Reserved]. For further guidance, 

see § 301.7701–2T(c)(2)(v)(B). 

(C) * * * 

(iv) [Reserved]. For further guidance, 

see § 301.7701–2T(c)(2)(v)(C) Example 

(iv). 

* * * * * 

(e) * * * 

(2) [Reserved]. For further guidance, 

see § 301.7701–2T(e)(2). 

* * * * * 

■ Par. 3. Section 301.7701–2T is added 

to read as follows: 

§ 301.7701–2T Business entities; 

definitions (temporary). 

(a) through (c)(2)(ii) [Reserved]. For 

further guidance, see § 301.7701–2(a) 

through (c)(2)(ii). 

(iii) Tax liabilities of certain 

disregarded entities—(A) In general. An 

entity that is disregarded as separate 

from its owner for any purpose under 

§ 301.7701–2 is treated as an entity 

separate from its owner for purposes 

of— 

(1) Federal tax liabilities of the entity 

with respect to any taxable period for 

which the entity was not disregarded; 

(2) Federal tax liabilities of any other 

entity for which the entity is liable; and 

(3) Refunds or credits of Federal tax. 

(B) Examples. The following 

examples illustrate the application of 

paragraph (c)(2)(iii)(A) of this section: 

Example 1. In 2006, X, a domestic 

corporation that reports its taxes on a 

calendar year basis, merges into Z, a 

domestic LLC wholly owned by Y that is 

disregarded as an entity separate from Y, in 

a state law merger. X was not a member of 

a consolidated group at any time during its 

taxable year ending in December 2005. Under 

the applicable state law, Z is the successor 

to X and is liable for all of X’s debts. In 2009, 

the Internal Revenue Service (IRS) seeks to 

extend the period of limitations on 

assessment for X’s 2005 taxable year. Because 

Z is the successor to X and is liable for X’s 

2005 taxes that remain unpaid, Z is the 

proper party to sign the consent to extend the 

period of limitations. 

Example 2. The facts are the same as in 

Example 1, except that in 2007, the IRS 

determines that X miscalculated and 

underreported its income tax liability for 

2005. Because Z is the successor to X and is 

liable for X’s 2005 taxes that remain unpaid, 

the deficiency may be assessed against Z and, 

in the event that Z fails to pay the liability 

after notice and demand, a general tax lien 

will arise against all of Z’s property and 

rights to property. 

(c)(2)(iv)(A) [Reserved]. For further 

guidance, see § 301.7701–2(c)(2)(iv)(A). 

(B) Treatment of entity. An entity that 

is disregarded as an entity separate from 

its owner for any purpose under 

§ 301.7701–2 is treated as a corporation 

with respect to taxes imposed under 

Subtitle C—Employment Taxes and 

Collection of Income Tax (Chapters 21, 

22, 23, 23A, 24, and 25 of the Internal 

Revenue Code). 

(C) through (c)(2)(v)(A) [Reserved]. 

For further guidance, see § 301.7701– 

2(c)(2)(iv)(C) through (c)(2)(v)(A). 

(B) Treatment of entity. An entity that 

is disregarded as an entity separate from 

its owner for any purpose under 

§ 301.7701–2 is treated as a corporation 

with respect to items described in 

§ 301.7701–2(c)(2)(v)(A). 

(C) Example. (i) through (iii) 

[Reserved]. For further guidance, see 

§ 301.7701–2(c)(2)(v)(C) Example (i) 

through (iii). 

(iv) Assume the same facts as in 

§ 301.7701–2(c)(2)(v)(C) Example (i) and 

(ii). If LLCB does not pay the tax on its 

sale of coal under chapter 32 of the 

Internal Revenue Code, any notice of 

lien the Internal Revenue Service files 

will be filed as if LLCB were a 

corporation. 

(d) through (e)(1) [Reserved]. For 

further guidance, see § 301.7701–2(d) 

through (e)(1). 

(e)(2) Paragraph (c)(2)(iii) of this 

section applies on and after September 

14, 2009. For rules that apply before 

September 14, 2009, see 26 CFR part 

301 revised as of April 1, 2009. 

(e)(3) through (e)(4) [Reserved]. For 

further guidance, see § 301.7701–2(e)(3) 

through (e)(4). 

(e)(5) Paragraph (c)(2)(iv)(B) of this 

section applies with respect to wages 

paid on or after September 14, 2009. For 

rules that apply before September 14, 

2009, see 26 CFR part 301 revised as of 

April 1, 2009. 

(e)(6) Paragraphs (c)(2)(v)(B) and 

(c)(2)(v)(C) Example (iv) of this section 

apply on and after September 14, 2009. 

(7) [Reserved]. For further guidance, 

see § 301.7701–2(e)(7). 

(8) Expiration Date. The applicability 

of paragraphs (c)(2)(iii), (c)(2)(iv)(B), 

(c)(2)(v)(B), (c)(2)(v)(C) Example (iv), 

(e)(2), (e)(5) and (e)(6) of this section 

expires on or before September 11, 

2012. 

L.E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: August 31, 2009. 

Michael F. Mundace, 

Acting Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. E9–21987 Filed 9–11–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Parts 203, 210, 250, 251, 253, 

254, 256, 280, and 291 

[Docket No. MMS–OMM–2009–0008] 

RIN 1010–AD52 

Outer Continental Shelf—Technical 

Corrections 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule; technical corrections 

and announcement of effective dates. 

SUMMARY: This document makes 

technical changes to regulations that 

were published in various Federal 

Register documents and are codified in 

the Code of Federal Regulations, as well 

as announcing the approval by the 

Office of Management and Budget of 

information collection requirements 

contained in two previously published 

regulations. 

DATES: This rule is effective on 

September 14, 2009. The information 

collection requirements contained in the 

rulemaking (63 FR 42699, published 

August 11, 1998) for 30 CFR part 253, 

were approved by the Office of 

Management and Budget (OMB) on 

October 7, 1998, and the information 

collection requirements contained in the 


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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 46905 

rulemaking (63 FR 2605, published 

January 16, 1998) for 30 CFR 203.61, 

were approved by OMB on May 30, 

1998. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl Blundon, Regulatory Specialist 

at (703) 787–1607, fax (703) 787–1546, 

or e-mail cheryl.blundon@mms.gov. 

SUPPLEMENTARY INFORMATION: 

Changes to regulations: The technical 

corrections in this rule affect all parties 

who do business with MMS. This 

rulemaking does the following: 

(1) Remove erroneous dates and make 

corrections; 

(2) Revise and update the paperwork 

authority in § 203.5; 

(3) Revise the MMS mail stop; 

(4) Correct and remove Editorial Note 

in 30 CFR 203; and, 

(5) Announce dates of effective 

information collections. 

Background 

(1) In various subparts throughout the 

30 CFR, there are dates that are no 

longer in effect. Therefore, this 

rulemaking removes the irrelevant dates 

and in the same date correction, where 

applicable, changes the words ‘‘shall’’ 

and ‘‘which’’, to, ‘‘must’’ and ‘‘that’’. 

(2) Since initial rulemaking in January 

2004 (69 FR 3509), the information 

collection requirements have been 

consolidated. The OMB, through a 

Notice of Action dated April 30, 2005, 

approved the information collection 

merge of 1010–0153 into the primary 

collection 1010–0071. This rulemaking 

updates the regulatory text to reflect this 

action. 

(3) In 2008, MMS moved offices in the 

Main Interior Building in Washington, 

DC. As a result, the proper mail stop for 

inquiries related to regulations in the 

CFR changed from 4230 to 5438. The 

regulations in the various 30 CFR Parts 

need to be amended to reflect the 

official change of the mail stop. 

(4) Due to final rulemaking on 

November 18, 2008 (73 FR 69513), 

1010–AD33, Royalty Relief, had an 

editorial note added by the Federal 

Register due to MMS inadvertently 

leaving out the word ‘‘introductory’’ in 

the amendatory language for 30 CFR 

203.45. This rulemaking corrects the 

amendatory language per the intention 

of the 1010–AD33 rulemaking. 

(5) The MMS published the following 

two final rules in 1998. The rules were 

published before OMB approved the 

information collection requirements so 

the Federal Register added Effective 

Date Notes to these regulations. The 

OMB approved the information 

collection requirements but the Effective 

Date Notes were not removed. This 

rulemaking publication satisfies the 

statements that the MMS would publish 

a document announcing the effective 

dates of the rule changes requiring OMB 

approval. 

(a) Effective February 17, 1998, (63 FR 

2605) rulemaking established a new 

requirement pertaining to information 

required for a complete application for 

royalty relief. This rulemaking 

contained information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 that were not 

effective until after approval by OMB. 

On May 30, 1998, OMB approved the 

collection of information requirements 

in 30 CFR part 203. This information 

collection was assigned OMB Control 

Number 1010–0071. 

(b) On August 11, 1998, (63 FR 42699) 

rulemaking established new 

requirements for demonstrating oil spill 

financial responsibility for removal 

costs and damages caused by oil 

discharges and substantial threats of oil 

discharges from oil and gas exploration 

and production facilities and associated 

pipelines. The rule also implemented 

the authority of the Oil Pollution Act of 

1990. This rulemaking contained 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 that were not effective until 

after approval by OMB. On October 7, 

1998, OMB approved the collection of 

information requirements and MMS 

forms required for 30 CFR part 253. This 

information collection was assigned 

OMB Control Number 1010–0106. 

This document corrects regulations in 

30 CFR parts 203, 210, 250, 251, 253, 

254, 256, 280, and 291 to reflect these 

technical changes. Because this rule 

makes no substantive regulatory 

changes, MMS for good cause finds that 

notice and public comment are 

impracticable and unnecessary pursuant 

to 5 U.S.C. 553(b)(3)(B). For the same 

reason, MMS finds good cause to waive 

the delay in effectiveness pursuant to 5 

U.S.C. 553(d). The rule does not require 

any regulated party to adjust their 

conduct, but only makes technical 

corrections. 

The following table shows the current 

regulation and what changes were 

made. 

Current citation Revised text 

EFFECTIVE DATE NOTE: at the end of § 203.61 .................................. Removed. 

EFFECTIVE DATE NOTE: at the end of the Subpart F (table of contents and before § 253.1.Removed. 

§ 203.5 ...................................................................................................... Revised to reflect correct OMB control number. 

Editorial Note: at the end of § 203.45 ...................................................... Removed. 

§ 203.45(e) ................................................................................................ Added correct language from 73 FR 69513 that did not get codified 

(public had opportunity to comment in both proposed and final rulemaking). 

§ 203.82(d) ................................................................................................ Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

§ 210.20 .................................................................................................... Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

§ 250.108(b), ............................................................................................. Removed the date no longer in effect. 

§ 250.199(d) .............................................................................................. Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

§ 250.233(b)(2) ......................................................................................... In the second column of the table, removed the word ‘‘notify’’ and 

added the word ‘‘other’’ in its place. 

§ 250.441(b) .............................................................................................. Removed the date no longer in effect. 

§ 250.510 .................................................................................................. Removed the date no longer in effect. Changed the word ‘‘shall’’ to 

‘‘must’’, and the word ‘‘which’’ to ‘‘that’’. 

§ 250.511 .................................................................................................. Removed the date no longer in effect. Changed the word ‘‘shall’’ to 

‘‘must’’, and the word ‘‘which’’ to ‘‘that’’. 

§ 250.515(b) .............................................................................................. Removed the words, ‘‘blind or’’, in (b)(1–3). Removed (b)(5) since removing the words in (b)(1–3) corrected the regulation. 

§ 250.515(c), (c)(1) ................................................................................... Removed the date no longer in effect. Changed the word ‘‘shall’’ to 

‘‘must’’. 

§ 250.615(b) .............................................................................................. Removed the words, ‘‘blind or’’, in (b)(1–3). Removed (b)(5) since removing the words in (b)(1–3) corrected the regulation. 


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46906 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 

Current citation Revised text 

§ 250.615(c), (c)(1) ................................................................................... Removed the date no longer in effect. Changed the word ‘‘shall’’ to 

‘‘must’’. 

§ 250.803(b)(5)(ii) ..................................................................................... Removed the date no longer in effect. Changed the word ‘‘shall’’ to 

‘‘must’’, and the word ‘‘which’’ to ‘‘that’’. 

§ 250.1604(f) ............................................................................................. Removed the date no longer in effect. Changed the word ‘‘shall’’ to 

‘‘must’’. 

§ 250.1605(h) ............................................................................................ Removed the date no longer in effect. Changed the word ‘‘shall’’ to 

‘‘must’’. 

§ 250.1610(d)(1) ....................................................................................... Removed the date no longer in effect. Changed the word ‘‘shall’’ to 

‘‘must’’, and the word ‘‘which’’ to ‘‘that’’. 

§ 250.1613(b), (c), (d), (e) ........................................................................ Removed paragraph (b) and the following undesignated paragraph no 

longer in effect. Redesignated paragraphs (c), (d), and (e) as paragraphs (b), (c), and (d). 

§ 251.15(e) ................................................................................................ Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

§ 253.5(d) .................................................................................................. Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

§ 253.44 .................................................................................................... Removed the section since the dates are no longer in effect. [RESERVED] the section number for future use. 

§ 254.9(d) .................................................................................................. Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

§ 256.0(d) .................................................................................................. Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

§ 256.64(a)(9) ........................................................................................... Removed the section since the date is no longer in effect. 

§ 280.13(1) ................................................................................................ Changed the Alaska Region address. 

§ 280.80(e) ................................................................................................ Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

§ 291.1(e); 103; 106(a); 107(a) ................................................................ Amended the phrase ‘‘Mail Stop 4230’’ to ‘‘Mail Stop 5438’’. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order (E.O.) 12866) 

This rule is not a significant rule as 

determined by the Office of 

Management and Budget (OMB) and is 

not subject to review under E.O. 12866. 

(1) This rule will not have an annual 

effect of $100 million or more on the 

economy because it only makes 

technical changes to existing 

regulations. 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 action taken or planned by another 

agency. It will have no effect on any 

other agency. 

(3) This rule will not alter the 

budgetary effects of entitlements, grants, 

user fees or loan programs, or the rights 

or obligations of their recipients. 

(4) This rule will not raise novel legal 

or policy issues. 

Regulatory Flexibility Act (RFA) 

The Department of the Interior 

certifies that this rule would not have a 

significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) because it only makes 

technical changes to existing 

regulations. 

Your comments are important to us. 

The Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and 10 Regional Fairness Boards were 

established to receive comments from 

small business about Federal agency 

enforcement actions. The Ombudsman 

will annually evaluate the enforcement 

activities and rate each agency’s 

responsiveness to small business. If you 

wish to comment on the actions of 

MMS, call 1–888–734–3247. You may 

comment to the Small Business 

Administration without fear of 

retaliation. Allegations of 

discrimination/retaliation filed with the 

Small Business Administration will be 

investigated for appropriate action. 

Small Business Regulatory Enforcement 

Fairness Act 

The rule is not a major rule under the 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C. 801 et seq.). This 

rule: 

a. Will 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. Will 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. 

Unfunded Mandates Reform Act of 1995 

This proposed rule would not impose 

an unfunded mandate on State, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

proposed rule would 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. 1501 et seq.) is not required. 

Takings Implication Assessment (E.O. 

12630) 

Under the criteria in E.O. 12630, this 

proposed rule does not have significant 

takings implications. The proposed rule 

is not a governmental action capable of 

interference with constitutionally 

protected property rights. A Takings 

Implication Assessment is not required. 

Federalism (E.O. 13132) 

Under the criteria in E.O. 13132, this 

proposed rule does not have federalism 

implications. This proposed rule would 

not substantially and directly affect the 

relationship between the Federal and 

State governments. To the extent that 

State and local governments have a role 

in OCS activities, this proposed rule 

would not affect that role. A Federalism 

Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

a. Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

b. Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in E.O. 13175, we 

have evaluated this proposed rule and 

determined that it has no substantial 


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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 46907 

effects on Federally recognized Indian 

Tribes. There are no Indian or Tribal 

lands in the OCS. 

Paperwork Reduction Act (PRA) 

The rule does not contain any new 

information collection requirements 

subject to the PRA; therefore, it does not 

require a submittal to OMB for review 

and approval under the PRA (44 U.S.C. 

3501 et seq). Any information collection 

burdens referenced in this rulemaking 

are already approved under various 

OMB Control Numbers. The PRA 

provides that an agency may not 

conduct or sponsor a collection of 

information unless it displays a 

currently valid OMB control number. 

Until OMB approves a collection of 

information and assigns a control 

number, you are not required to 

respond. 

National Environmental Policy Act 

(NEPA) of 1969 

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 because the rule is covered by 

a categorical exclusion. This rule is 

excluded from the requirement to 

prepare a detailed statement because it 

qualifies as a regulation of an 

administrative nature (for further 

information see 43 CFR 46.210(i)). We 

have also determined that the rule does 

not involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under the National Environmental 

Policy Act. 

Data Quality Act 

In developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554, app. 

C § 515, 114 Stat. 2763, 2763A–153– 

154). 

Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. A Statement of Energy Effects is 

not required. 

List of Subjects 

30 CFR Part 203 

Oil and gas exploration, Reporting 

and recordkeeping requirements. 

30 CFR Part 210 

Oil and gas exploration, Public 

lands—mineral resources, Reporting 

and recordkeeping requirements. 

30 CFR Part 250 

Administrative practice and 

procedure, Oil and gas exploration, 

Public lands—rights-of-way, Reporting 

and recordkeeping requirements. 

30 CFR Part 251 

Public lands—mineral resources, 

Reporting and recordkeeping 

requirement. 

30 CFR Part 253 

Environmental protection, 

Investigations, Oil and gas exploration, 

Reporting and recordkeeping 

requirements. 

30 CFR Part 254 

Oil and gas exploration, Public 

lands—minerals resources, Reporting 

and recordkeeping requirements. 

30 CFR Part 256 

Administrative practice and 

procedure, Oil and gas exploration, 

Reporting and recordkeeping 

requirements. 

30 CFR Part 280 

Reporting and recordkeeping 

requirements. 

30 CFR Part 291 

Oil and gas, Reporting and 

recordkeeping requirements. 

Dated: September 2, 2009. 

Ned Farquhar, 

Acting Assistant Secretary, Land and 

Minerals Management. 

■ For the reasons stated above, MMS 

amends 30 CFR Parts 203, 210, 250, 251, 

253, 254, 256, 280, and 291 as follows: 

PART 203—RELIEF OR REDUCTION IN 

ROYALTY RATES 

■ 1. The authority citation for part 203 

continues to read as follows: 

Authority: 25 U.S.C. 396 et seq.; 25 U.S.C. 

396a et seq.; 25 U.S.C. 2101 et seq.; 30 U.S.C. 

181 et seq.; 30 U.S.C. 351 et seq.; 30 U.S.C. 

1001 et seq.; 30 U.S.C. 1701 et seq.; 31 U.S.C. 

9701; 42 U.S.C. 15903–15906; 43 U.S.C. 1301 

et seq.; 43 U.S.C. 1331 et seq.; and 43 U.S.C. 

1801 et seq. 

■ 2. Revise § 203.5 to read as follows: 

§ 203.5 What is MMS’s authority to collect 

information? 

(a) The Office of Management and 

Budget (OMB) has approved the 

information collection requirements in 

this part under 44 U.S.C. 3501 et seq., 

and assigned OMB Control Number 

1010–0071. The title of this information 

collection is ‘‘30 CFR part 203, Relief or 

Reduction in Royalty Rates.’’ 

(b) The MMS collects this information 

to make decisions on the economic 

viability of leases requesting a 

suspension or elimination of royalty or 

net profit share. Responses are required 

to obtain a benefit or are mandatory 

according to 43 U.S.C. 1331 et seq. The 

MMS will protect information 

considered proprietary under applicable 

law and under regulations at 30 CFR 

203.63, ‘‘How do I assess my chances for 

getting relief?’’ and 250.197, ‘‘Data and 

information to be made available to the 

public or for limited inspection.’’ 

(c) An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

(d) Send comments regarding any 

aspect of the collection of information 

under this part, including suggestions 

for reducing the burden, to the 

Information Collection Clearance 

Officer, Minerals Management Service, 

Mail Stop 5438, 1849 C Street, NW., 

Washington, DC 20240. 

■ 3. Revise § 203.45(e), introductory 

text, to read as follows: 

§ 203.45 If I drill a certified unsuccessful 

well, what royalty relief will my lease earn? 

* * * * * 

(e) If the same wellbore that earns an 

RSS as a certified unsuccessful well 

later produces from a perforated interval 

the top of which is 15,000 feet TVD or 

deeper and becomes a qualified well, it 

will be subject to the following 

conditions: 

* * * * * 

§ 203.82 [Amended] 

■ 4. In § 203.82(d), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

PART 210—FORMS AND REPORTS 

■ 5. The authority citation for part 210 

continues to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 

396, 2107; 30 U.S.C. 189, 190, 359, 1023, 

1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 

1334, 1801 et seq.; and 44 U.S.C. 3506(a). 

§ 210.20 [Amended] 

■ 6. In § 210.20, remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

PART 250—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 7. The authority citation for part 250 

continues to read as follows: 

Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 

■ 8. Revise § 250.108(b) to read as 

follows: 


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§ 250.108 What requirements must I follow 

for cranes and other material-handling 

equipment? 

* * * * * 

(b) All cranes installed on fixed 

platforms must be equipped with a 

functional anti-two block device. 

* * * * * 

§ 250.199 [Amended] 

■ 9. In § 250.199(d), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

§ 250.233 [Amended] 

■ 10. In § 250.233(b)(2), in the second 

column of the table remove the word 

‘‘notify’’, and add, in its place, the word 

‘‘other’’. 

■ 11. Revise § 250.441(b) to read as 

follows: 

§ 250.441 What are the requirements for a 

surface BOP stack? 

* * * * * 

(b) Your surface BOP stack must 

include at least four remote-controlled, 

hydraulically operated BOPs consisting 

of an annular BOP, two BOPs equipped 

with pipe rams, and one BOP equipped 

with blind-shear rams. The blind-shear 

rams must be capable of shearing the 

drill pipe that is in the hole. 

* * * * * 

■ 12. Revise § 250.510 to read as 

follows: 

§ 250.510 Diesel engine air intakes. 

Diesel engine air intakes must be 

equipped with a device to shut down 

the diesel engine in the event of 

runaway. Diesel engines that are 

continuously attended must be 

equipped with either remote operated 

manual or automatic-shutdown devices. 

Diesel engines that are not continuously 

attended must be equipped with 

automatic-shutdown devices. 

■ 13. Revise § 250.511 to read as 

follows: 

§ 250.511 Traveling-block safety device. 

All units being used for wellcompletion operations that have both a 

traveling block and a crown block must 

be equipped with a safety device that is 

designed to prevent the traveling block 

from striking the crown block. The 

device must be checked for proper 

operation weekly and after each drillline slipping operation. The results of 

the operational check must be entered 

in the operations log. 

■ 14. Amend § 250.515 by: 

■ (a) Revising the table in paragraph (b); 

■ (b) Revising the introductory text of 

paragraph (c); and 

■ (c) Revising paragraph (c)(1) to read as 

follows: 

§ 250.515 Blowout prevention equipment. 

* * * * * 

(b) * * * 

When The minimum BOP stack must include 

(1) The expected pressure is less than 

5,000 psi,.

Three BOPs consisting of an annular, one set of pipe rams, and one set of blind-shear rams. 

(2) The expected pressure is 5,000 psi 

or greater or you use multiple tubing 

strings,.

Four BOPs consisting of an annular, two sets of pipe rams, and one set of blind-shear rams. 

(3) You handle multiple tubing strings simultaneously,.Four BOPs consisting of an annular, one set of pipe rams, one set of dual pipe rams, and one set of 

blind-shear rams. 

(4) You use a tapered drill string, ........... At least one set of pipe rams that are capable of sealing around each size of drill string. If the expected pressure is greater than 5,000 psi, then you must have at least two sets of pipe rams that 

are capable of sealing around the larger size drill string. You may substitute one set of variable 

bore rams for two sets of pipe rams. 

(c) The BOP systems for well 

completions must be equipped with the 

following: 

(1) A hydraulic-actuating system that 

provides sufficient accumulator 

capacity to supply 1.5 times the volume 

necessary to close all BOP equipment 

units with a minimum pressure of 200 

psi above the precharge pressure 

without assistance from a charging 

system. Accumulator regulators 

supplied by rig air and without a 

secondary source of pneumatic supply, 

must be equipped with manual 

overrides, or alternately, other devices 

provided to ensure capability of 

hydraulic operations if rig air is lost. 

* * * * * 

■ 15. Amend § 250.615 by: 

■ (a) Revising the table in paragraph (b); 

■ (b) Revising the introductory text of 

paragraph (c); and 

■ (c) Revising paragraph (c)(1) to read as 

follows: 

§ 250.615 Blowout prevention equipment. 

* * * * * 

(b) * * * 

When The minimum BOP stack must include 

(1) The expected pressure is less than 

5,000 psi,.

Three BOPs consisting of an annular, one set of pipe rams, and one set of blind-shear rams. 

(2) The expected pressure is 5,000 psi 

or greater or you use multiple tubing 

strings,.

Four BOPs consisting of an annular, two sets of pipe rams, and one set of blind-shear rams. 

(3) You handle multiple tubing strings simultaneously,.Four BOPs consisting of an annular, one set of pipe rams, one set of dual pipe rams, and one set of 

blind-shear rams. 

(4) You use a tapered drill string, ........... At least one set of pipe rams that are capable of sealing around each size of drill string. If the expected pressure is greater than 5,000 psi, then you must have at least two sets of pipe rams that 

are capable of sealing around the larger size drill string. You may substitute one set of variable 

bore rams for two sets of pipe rams. 

(c) The BOP systems for wellworkover operations with the tree removed must be equipped with the 

following: 

(1) A hydraulic-actuating system that 

provides sufficient accumulator 

capacity to supply 1.5 times the volume 


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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 46909 

necessary to close all BOP equipment 

units with a minimum pressure of 200 

psi above the precharge pressure 

without assistance from a charging 

system. Accumulator regulators 

supplied by rig air and without a 

secondary source of pneumatic supply, 

must be equipped with manual 

overrides, or alternately, other devices 

provided to ensure capability of 

hydraulic operations if rig air is lost; 

* * * * * 

■ 16. Revise § 250.803(b)(5)(ii) to read as 

follows: 

§ 250.803 Additional production system 

requirements. 

* * * * * 

(b) * * * 

(5) * * * 

(ii) Diesel engine air intake. All diesel 

engine air intakes must be equipped 

with a device to shutdown the diesel 

engine in the event of runaway. Diesel 

engines that are continuously attended 

must be equipped with either remote 

operated manual or automatic shutdown 

devices. Diesel engines that are not 

continuously attended must be 

equipped with automatic shutdown 

devices. 

* * * * * 

■ 17. Revise § 250.1604(f) to read as 

follows: 

§ 250.1604 General requirements. 

* * * * * 

(f) Traveling-block safety device. All 

drilling units being used for drilling, 

well-completion, or well-workover 

operations that have both a traveling 

block and a crown block must be 

equipped with a safety device that is 

designed to prevent the traveling block 

from striking the crown block. The 

device must be checked for proper 

operation weekly and after each drillline slipping operation. The results of 

the operational check must be entered 

in the operations log. 

■ 18. Revise § 250.1605(h) to read as 

follows: 

§ 250.1605 Drilling requirements. 

* * * * * 

(h) Diesel-engine air intakes. Dieselengine air intakes must be equipped 

with a device to shut down the diesel 

engine in the event of runaway. Diesel 

engines that are continuously attended 

must be equipped with either remoteoperated manual or automaticshutdown devices. Diesel engines that 

are not continuously attended must be 

equipped with automatic shutdown 

devices. 

■ 19. Revise § 250.1610(d)(1) to read as 

follows: 

§ 250.1610 Blowout preventer systems and 

system components. 

* * * * * 

(d) * * * 

(1) An accumulator system that 

provides sufficient capacity to supply 

1.5 times the volume necessary to close 

and hold closed all BOP equipment 

units with a minimum pressure of 200 

psi above the precharge pressure, 

without assistance from a charging 

system. Accumulator regulators 

supplied by rig air that do not have a 

secondary source of pneumatic supply 

must be equipped with manual 

overrides or other devices alternately 

provided to ensure capability of 

hydraulic operations if rig air is lost. 

* * * * * 

§ 250.1613 [Amended] 

■ 20. In § 250.1613, remove paragraph 

(b) and the undesignated paragraph 

which follows it; and redesignate 

paragraphs (c), (d), and (e) as paragraphs 

(b), (c), and (d). 

PART 251—GEOLOGICAL AND 

GEOPHYSICAL (G&G) EXPLORATIONS 

OF THE OUTER CONTINENTAL SHELF 

■ 21. The authority citation for part 251 

continues to read as follows: 

Authority: 43 U.S.C. 1331 et seq., 31 U.S.C. 

9701. 

§ 251.15 [Amended] 

■ 22. In § 251.15(e), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

PART 253—OIL SPILL FINANCIAL 

RESPONSIBLITY FOR OFFSHORE 

FACILITIES 

■ 23. The authority citation for part 253 

is revised to read as follows: 

Authority: 33 U.S.C. 2716, 28 U.S.C. 2461. 

§ 253.5 [Amended] 

■ 24. In § 253.5(d), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

§ 253.44 [Removed and Reserved] 

■ 25. Remove and reserve § 253.44. 

PART 254—OIL SPILL RESPONSE 

REQUIREMENTS FOR FACILITIES 

LOCATED SEAWARD OF THE COAST 

LINE 

■ 26. The authority citation for part 254 

continues to read as follows: 

Authority: 33 U.S.C. 1321. 

§ 254.9 [Amended] 

■ 27. In § 254.9(d), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

PART 256—LEASING OF SULPHUR OR 

OIL AND GAS IN THE OUTER 

CONTINENTAL SHELF 

■ 28. The authority citation for part 256 

continues to read as follows: 

Authority: 31 U.S.C. 9701, 42 U.S.C. 6213, 

and 43 U.S.C. 1334. 

§ 256.0 [Amended] 

■ 29. In § 256.0(d), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

§ 256.64 [Amended] 

■ 30. In § 256.64, remove paragraph 

(a)(9). 

PART 280—PROSPECTING FOR 

MINERALS OTHER THAN OIL, GAS, 

AND SULPHUR ON THE OUTER 

CONTINENTAL SHELF 

■ 31. The authority citation for part 280 

continues to read as follows: 

Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 

■ 32. Revise the table in § 280.13 to read 

as follows: 

§ 280.13 Where must I send my application 

or notification? 

* * * * * 

For the OCS off the . . . Apply to . . . 

(a) State of Alaska .............................................. Regional Supervisor for Resource Evaluation, Minerals Management Service, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, AK 99503. 

(b) Atlantic Coast, Gulf of Mexico, Puerto Rico, 

or U.S. territories in the Caribbean Sea.

Regional Supervisor for Resource Evaluation, Minerals Management Service, Gulf of Mexico 

OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123. 


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46910 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 

For the OCS off the . . . Apply to . . . 

(c) States of California, Oregon, Washington, 

Hawaii, or U.S. territories in the Pacific 

Ocean.

Regional Supervisor for Resource Evaluation, Minerals Management Service, Pacific OCS Region, 770 Paseo Camarillo, Camarillo, CA 93010. 

§ 280.80 [Amended] 

■ 33. In § 280.80(e), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

PART 291—OPEN AND NONDISCRIMINATORY ACCESS TO OIL 

AND GAS PIPELINES UNDER THE 

OUTER CONTINENTAL SHELF LANDS 

ACT 

■ 34. The authority citation for part 291 

is revised to read as follows: 

Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 

§ 291.1 [Amended] 

■ 35. In § 291.1(e), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

§ 291.103 [Amended] 

■ 36. In § 291.103 introductory text, 

remove the words ‘‘Mail Stop 4230,’’ 

and add, in their place, ‘‘Mail Stop 

5438,’’. 

§ 291.106 [Amended] 

■ 37. In § 291.106(a), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

§ 291.107 [Amended] 

■ 38. In § 291.107(a), remove the words 

‘‘Mail Stop 4230,’’ and add, in their 

place, ‘‘Mail Stop 5438,’’. 

[FR Doc. E9–22027 Filed 9–11–09; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0684] 

Drawbridge Operation Regulation; 

Three Mile Slough, Rio Vista, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eleventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the California 

Route 160 Drawbridge across Three Mile 

Slough, mile 0.1, near Rio Vista, CA. 

The deviation is necessary to allow 

Caltrans to conduct drawbridge 

maintenance. This deviation allows the 

bridge to remain in the closed-tonavigation position during the 

maintenance period. 

DATES: This deviation is effective from 

7 a.m. on September 14, 2009 through 

4:30 p.m. on September 14, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0684 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0684 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail David H. Sulouff, Chief, Bridge 

Section, Eleventh Coast Guard District; 

telephone 510–437–3516, e-mail 

David.H.Sulouff@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: Caltrans 

requested a temporary change to the 

operation of the California Route 160 

Drawbridge, mile 0.1, Three Mile 

Slough, near Rio Vista, CA. The 

drawbridge navigation span provides a 

vertical clearance of 12 feet above Mean 

High Water in the closed-to-navigation 

position. The draw opens on signal as 

required by 33 CFR 117.5. Navigation on 

the waterway is commercial and 

recreational. 

The drawspan will be secured in the 

closed-to-navigation position from 7 

a.m. through 4:30 p.m. Monday through 

Friday, from August 31, 2009 through 

September 14, 2009, to allow Caltrans to 

replace the industrial staircase leading 

to the control house. At all other times 

during this period, and on September 7, 

2009, Labor Day, the drawspan will 

open on signal as required by 33 CFR 

117.5. This temporary deviation has 

been coordinated with commercial and 

recreational waterway users. There is no 

anticipated levee maintenance during 

this deviation period. No objections to 

the proposed temporary deviation were 

raised. 

Vessels that can transit the bridge, 

while in the closed-to-navigation 

position, may continue to do so at any 

time. 

In the event of an emergency the 

drawspan can be opened with 4 hours 

advance notice. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 28, 2009. 

J.R. Castillo, 

Rear Admiral, U.S. Coast Guard Commander, 

Eleventh Coast Guard District. 

[FR Doc. E9–21979 Filed 9–11–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0815; FRL–8954–7] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Excess Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving 

revisions to the New Mexico State 

Implementation Plan (SIP) submitted by 

the Governor of New Mexico on behalf 

of the New Mexico Environment 

Department (NMED) in a letter dated 

October 7, 2008 (the October 7, 2008 SIP 

submittal). The October 7, 2008 SIP 

submittal concerns revisions to New 

Mexico Administrative Code Title 20, 

Chapter 2, Part 7 Excess Emissions 

(20.2.7 NMAC—Excess Emissions) 

occurring during startup, shutdown, and 

malfunction related activities. We are 

approving the October 7, 2008 SIP 

submittal because the revisions to 20.2.7 

NMAC are consistent with the Clean Air 

Act (the Act). This action is in 

accordance with section 110 of the Act. 

DATES: This direct final rule will be 

effective November 13, 2009 without 


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