53072 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(g), of the 

Instruction, from further environmental 

documentation because this rule is not 

expected to result in any significant 

adverse environmental impact as 

described in NEPA. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation no. 0170.1. 

■ 2. A new temporary § 165.T08–153 is 

added to read as follows: 

§ 165.T08–153 Safety Zone; Lower 

Mississippi River, Mile Marker 529.8 to Mile 

Marker 532.3, Greenville, MS. 

(a) Location. The following area is a 

safety zone: all waters of the Lower 

Mississippi River (LMR), beginning at 

mile marker 529.8 and ending at mile 

marker 532.3, extending the entire 

width of the river. 

(b) Effective dates. This section is 

effective from 8 p.m. on July 18, 2005 

until 10 p.m. on November 14, 2005. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into this zone by vessels or mariners is 

prohibited unless authorized by the 

COTP Lwer Mississippi River or a 

designated representative. 

(2) Persons or vessels requiring entry 

into or passage through must request 

permission from the COTP Lower 

Mississippi River or a designated 

representative. They may be contacted 

on VHF–FM Channel 16, or by 

telephone at (901) 544–3912, extension 

2124. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP Lower Mississippi River and 

designated personnel. Designated 

personnel include commissioned, 

warrant, and petty officers of the U.S. 

Coast Guard. 

Dated: July 18, 2005. 

P.J. Maguire, 

Commander, U.S. Coast Guard, Captain of 

the Port Lower Mississippi River. 

[FR Doc. 05–17717 Filed 9–6–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3100 

[WO–310–1310–PB–24–1A] 

RIN 1004–AD71 

Oil and Gas Leasing: Onshore Oil and 

Gas Operations—Fees, Rentals and 

Royalty Stripper Well Royalty 

Reductions Retention of Records 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is revising the 

regulations to require that records 

supporting a stripper well royalty 

reduction be retained for seven years 

from the last date that an operator 

claims the reduction. 

DATES: This rule is effective on 

September 7, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Rudy Baier, Fluid Minerals Group, 

Bureau of Land Management, (202) 452–

5024 (Commercial or FTS). Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339, 24 hours a day, seven 

days a week, except holidays, for 

assistance in reaching Mr. Baier. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Final Rule as adopted 

III. Procedural Matters 

I. Background 

The existing regulation at 43 CFR 

3103.4–2 authorizes the operator of a 

stripper well property to pay a reduced 

royalty tied to the lowest average 

production of oil per eligible well per 

well-day for any 12-month period since 

the initial qualifying period of August 1, 

1990 through July 31, 1991. The 

regulations permit the operator to use 

the reduced royalty rate upon certifying 

that the royalty rate was calculated 

under the instructions and procedures 

in the regulations using reports of oil 

production and well-days for the 

qualifying period. However, current 

regulations do not require a submission 

of supporting evidence or specify the 

retention of records supporting the 

reduced royalty. 

The Inspector General of the 

Department, as well as several States, 

have expressed concern about the 

inability of auditors to confirm the 

validity of the claimed production per 

eligible well per well day during the 

qualifying period, if it were more than 

seven years after the qualifying period. 

Although August 1990 through July 

1991 production may be the basis for 

the royalty rate claimed after September 

1992, some operators have inferred from 

the absence of specific regulatory 

requirements that they need not retain 

those records more than seven years 

from July 1991. 

The Secretary is authorized under 30 

U.S.C. 1713 and 1724(f) to require the 

retention of records for seven years from 

the date of the transactions for which 

they are required for ‘‘determining 

compliance with rules or orders’’ or ‘‘for 

the purpose of determining obligations 

due.’’ Since the royalty rate for stripper 

well properties depends on the lowest 

level of production per well since the 

‘‘qualifying period,’’ BLM is revising the 

regulations to require that records of 

production (on which the claimed 

royalty rate is based) be retained for 

seven years after the benefit of the 

reduced royalty is last claimed. 

II. Final Rule as Adopted 

This rulemaking establishes a 

requirement that records supporting the 

reduced royalty rate claimed under 43 

CFR 3103.4–2 be retained for seven 

years from the last date on which the 

operator is relying upon it to support its 

royalty rate. 

III. Procedural Matters 

Waiver of Notice of Proposed 

Rulemaking 

Waiver of 30-Day Delay of Effective Date 

In accordance with 5 U.S.C. 553, BLM 

finds that notice and public comment 

on this rule is contrary to the public 

interest, as that concept is defined in 5 

U.S.C. 553(b)(3)(B), because to provide 

advance notice of the requirement prior 

to its effectiveness would frustrate the 

public interest, by allowing operators 

with questionable claims to royalty 

relief to destroy, without penalty, 

records in their possession that might 

document their ineligibility for the 

royalty relief claimed. The risk of 

destruction of records is also good cause 

to waive the 30-day delay of the 

effective date. 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 53073 

Executive Order 12866, Regulatory 

Planning and Review 

This rulemaking is not a significant 

regulatory action and is not subject to 

review by the Office of Management and 

Budget (OMB) under Executive Order 

12866. This rulemaking will not have an 

effect of $100 million or more on the 

economy. They 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. This rulemaking will not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. This 

rulemaking does not alter the budgetary 

effects of entitlements, grants, user fees, 

or loan programs or the right or 

obligations of their recipients; nor does 

it raise novel legal or policy issues. This 

rule will have little or no impact on 

operators who are currently eligible for 

royalty reductions under the stripper 

well program. The rule merely requires 

operators to retain records which they 

currently have in their possession. 

Regulatory Flexibility Act 

Congress enacted the Regulatory 

Flexibility Act (RFA) of 1980, as 

amended, 5 U.S.C. 601–612, to ensure 

that Government regulations do not 

unnecessarily or disproportionately 

burden small entities. The RFA requires 

a regulatory flexibility analysis if a rule 

would have significant economic 

impact, either detrimental or beneficial, 

on a substantial number of small 

entities. Because this rule would merely 

require operators receiving a royalty 

reduction under the program to retain 

records they currently have, BLM has 

determined under the RFA that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

Small Business Regulatory Enforcement 

Fairness Act 

This rulemaking is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This rulemaking does not 

have an annual effect on the economy 

of $100 million or more. It will not 

cause an increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local governments 

agencies, or geographic regions. The 

rulemaking does not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises. As stated above, this 

rule only requires operators to retain 

records they currently have. 

Unfunded Mandates Reform Act 

This rulemaking does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year; nor 

does this rule have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. The 

rule does not impose any unfunded 

mandate on State, local, or tribal 

governments or the private sector. The 

rule merely requires operators to retain 

records which they currently have. 

Therefore, BLM is not required to 

prepare a statement containing the 

information required by the Unfunded 

Mandates Reform Act (2 U.S.C. 1531 et 

seq.). 

Executive Order 12630, Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

The rulemaking does not represent a 

government action capable of interfering 

with constitutionally protected property 

rights. It merely requires operators to 

retain records they currently have. 

Therefore, the DOI has determined that 

the rule would not cause a taking of 

private property or require further 

discussion of takings implications under 

this Executive Order. 

Executive Order 13132, Federalism 

The rulemaking will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This records 

retention rule has no effect on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The BLM has 

determined that this rulemaking does 

not have sufficient Federalism 

implications to warrant preparation of a 

Federalism Assessment. 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, the 

Office of the Solicitor has determined 

that this rule would not unduly burden 

the judicial system and that it meets the 

requirements of paragraph 3(a) and 

3(b)(2) of the Order. 

Paperwork Reduction Act of 1995 

BLM has determined this rulemaking 

does not contain any new information 

collection requirements that the Office 

of Management and Budget must 

approve under the Paperwork Reduction 

Act of 1995. 

National Environmental Policy Act 

BLM has determined that this rule is 

administrative and involves only 

procedural changes addressing the 

retention of records for the stripper well 

property royalty rate reduction program. 

Therefore, it is categorically excluded 

from environmental review under 

paragraph 102(2)(C) of the National 

Environmental Policy Act of 1969 

pursuant to 516 Departmental Manual 

(DM) 2.3A and 516 DM 2, Appendix 1, 

Item 1.10. BLM has further determined 

that none of the exceptions at 516 DM 

Appendix 2 apply. 

Pursuant to Council on 

Environmental Quality regulations (40 

CFR 1508.4) and the environmental 

policies and procedures of the DOI, the 

term ‘‘categorical exclusions’’ means 

categories of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment and which have no such 

effect in procedures adopted by a 

Federal agency and therefore require 

neither an environmental assessment 

nor an environmental impact statement. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

Under Executive Order 13175, we 

have found that this rulemaking does 

not include policies that have tribal 

implications. This rule does not apply 

to leases of Indian minerals. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Under Executive Order 13211, BLM 

has determined that the rulemaking will 

not have substantial direct effects on the 

energy supply, distribution or use, 

including a shortfall in supply or price 

increase. The rule merely requires 

operators to retain records which they 

currently have. This rule will not have 

a significant impact on the national 

energy supply. 

Author 

The principal author of this rule is 

Rudy Baier, Fluid Minerals Group, 

assisted by Shirlean Beshir of the 

Regulatory Affairs Group. 

List of Subjects in 43 CFR Part 3100 

Government contracts, Mineral 

royalties, Oil and gas exploration, 

Public lands-mineral resources, 

Reporting and recordkeeping 

requirements, and Surety bonds. 

53074 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 

Dated: August 24, 2005. 

Chad Calvert, 

Acting Assistant Secretary, Land and 

Minerals Management. 

■ Accordingly, for the reasons stated in 

the preamble and exercising the 

authorities stated, we amend part 3100 

of Title 43 of the Code of Federal 

Regulations as set forth below: 

PART 3100—OIL AND GAS LEASING 

■ 1. Revise the authority citation for part 

3100 to read as follows: 

Authority: 30 U.S.C. 189 and 359; 30 

U.S.C. 1713 and 1751; and 43 U.S.C. 1732(b), 

1733, and 1740. 

Subpart 3103—Fees, Rentals and 

Royalty 

■ 2. Amend § 3103.4–2 by redesignating 

paragraph (b)(3)(vi) as paragraph 

(b)(3)(vii) and adding a new paragraph 

(b)(3)(vi) to read as follows: 

§ 3103.4–2 Stripper well royalty 

reductions. 

* * * * * 

(b) * * * 

(3) * * * 

(vi) Record retention. For seven years 

after production on which the operator 

claims a royalty rate reduction for 

stripper well properties, the operator 

must retain and make available to BLM 

for inspection all documents on which 

the calculation of the applicable royalty 

rate under this section relies. 

[FR Doc. 05–17618 Filed 9–6–05; 8:45 am] 

BILLING CODE 4310–84–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 25, 73, 90, and 97 

[ET Docket No. 04–139; FCC 05–70] 

WRC–03 Omnibus 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: On August 10, 2005, (70 FR 

46576) the Commission published final 

rules in a Report and Order, which 

implemented allocation changes to the 

frequency range between 5900 kHz and 

27.5 GHz in furtherance of decisions 

that were made at the World 

Radiocommunication Conference 

(Geneva 2003) (WRC–03). This 

document contains corrections to 47 

CFR 2.101 and 2.106. 

DATES: Effective September 9, 2005. 

FOR FURTHER INFORMATION CONTACT: Tom 

Mooring, Office of Engineering and 

Technology, (202) 418–2450, e-mail: 

Tom.Mooring@fcc.gov. 

SUPPLEMENTARY INFORMATION: In rule FR 

Doc. 05–15213 published August 10, 

2005 (70 FR 46576) make the following 

corrections. 

■ 1. On page 46585, in the third column, 

the table in § 2.101 is corrected by 

removing the periods at the end of the 

entries under the column entitled 

‘‘Metric abbreviations for the bands.’’

The corrected table reads as follows (the 

notes are not shown): 

Band number Symbols Frequency range (lower limit exclusive, 

upper limit inclusive) Corresponding metric subdivision 

Metric 

abbreviations 

for the bands 

4 ............................. VLF ........................ 3 to 30 kHz ............................................. Myriametric waves .................................. B.Mam 

5 ............................. LF ........................... 30 to 300 kHz ......................................... Kilometric waves ..................................... B.km 

6 ............................. MF .......................... 300 to 3 000 kHz .................................... Hectometric waves ................................. B.hm 

7 ............................. HF .......................... 3 to 30 MHz ............................................ Decametric waves .................................. B.dam 

8 ............................. VHF ........................ 30 to 300 MHz ........................................ Metric waves ........................................... B.m 

9 ............................. UHF ....................... 300 to 3 000 MHz ................................... Decimetric waves ................................... B.dm 

10 ........................... SHF ........................ 3 to 30 GHz ............................................ Centimetric waves .................................. B.cm 

11 ........................... EHF ........................ 30 to 300 GHz ........................................ Millimetric waves .................................... B.mm 

12 ........................... ........................... 300 to 3000 GHz .................................... Decimillimetric waves.

BILLING CODE 6712–01–P