Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 56849 

(ii) The food meets the following 

conditions for sodium: 

If the food is... The sodium level 

must be... 

(A) A food with a RA 

that is greater than 

30 g or 2 tablespoons (tbsp.) 

480 mg or less sodium per RA and 

per LS 

(B) A food with a RA 

that is equal to or 

less than 30 g or 2 

tbsp. 

480 mg or less sodium per 50 g1

(C) A meal product as 

defined in 

§ 101.13(l) or a 

main dish product 

as defined in 

§ 101.13(m) 

600 mg or less sodium per LS 

1For dehydrated food that is typically reconstituted with water or a liquid that contains insignificant amounts per RA of all nutrients (as 

defined in § 101.9(f)(1)), the 50 g refers to the 

‘‘prepared’’ form of the product. 

(iii) The food complies with the 

definition and declaration requirements 

in this part 101 for any specific nutrient 

content claim on the label or in labeling, 

and 

(iv) If you add a nutrient to the food 

specified in paragraphs (d)(2)(i)(D), 

(d)(2)(i)(E), or (d)(2)(i)(F) of this section 

to meet the 10 percent requirement, that 

addition must be in accordance with the 

fortification policy for foods in § 104.20 

of this chapter. 

Dated: September 23, 2005. 

Jeffrey Shuren, 

Assistant Commissioner for Policy. 

[FR Doc. 05–19511 Filed 9–28–05; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Parts 216 and 218 

RIN 1010–AD28 

Royalty Payment and Royalty and 

Production Reporting Requirements 

Relief for Federal Oil and Gas Lessees 

Affected by Hurricane Katrina or 

Hurricane Rita 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule. 

SUMMARY: 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. 

DATES: Effective date: September 29, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Sharron L. Gebhardt, Lead Regulatory 

Specialist, Minerals Revenue 

Management (MRM), Minerals 

Management Service, P.O. Box 25165, 

MS 302B2, Denver, Colorado 80225; 

telephone (303) 231–3211; FAX (303) 

231–3781; e-mail 

sharron.gebhardt@mms.gov. The 

principal authors of this final rule are 

Geoffrey Heath of the Office of the 

Solicitor and Robert Prael of MRM, 

MMS, U.S. Department of the Interior. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Lease Royalty Reporting, Royalty 

Payment and Production Reporting 

Obligations 

Applicable regulations and the terms 

of Federal oil and gas leases prescribe 

the dates by which lessees must pay 

royalty and by which they must submit 

required royalty reports. Specifically, 30 

CFR 218.50(a) requires: 

Royalty payments are due at the end 

of the month following the month 

during which the oil and gas is 

produced and sold except when the last 

day of the month falls on a weekend or 

holiday. In such cases, payments are 

due on the first business day of the 

succeeding month. * * * 

The terms of almost all onshore and 

offshore Federal oil and gas leases 

likewise provide that royalty is due at 

the end of the month following the 

month of production. 

Section 111(a) of the Federal Oil and 

Gas Royalty Management Act of 1982 

(FOGRMA), 30 U.S.C. 1721(a), 

prescribes that lessees must pay interest 

on royalty payments received after the 

due date. Section 1721(a) provides in 

relevant part: 

(a) In the case of oil and gas leases 

where royalty payments are not received 

by the Secretary on the date that such 

payments are due, or are less than the 

amount due, the Secretary shall charge 

interest on such late payments or 

underpayments at the rate applicable 

under section 6621 of the Internal 

Revenue Code * * *. (Emphasis added.) 

Implementing MMS regulations at 30 

CFR 218.54 prescribe in relevant part: 

(a) An interest charge shall be 

assessed on unpaid and underpaid 

amounts from the date the amounts are 

due. 

* * * * * 

(c) Interest will be charged only on 

the amount of the payment not received. 

Interest will be charged only for the 

number of days a payment is late. 

(Emphasis added.) 

Title 30 CFR 210.52 prescribes similar 

requirements for the reports that 

accompany royalty payments. It 

provides in relevant part: 

(a) You must submit a completed 

Form MMS–2014 (Report of Sales and 

Royalty Remittance) to MMS with: 

(1) All royalty payments * * * 

* * * * * 

(c) Completed Forms MMS–2014 for 

royalty payments are due by the end of 

the month following the production 

month. 

Thus, for all Federal oil and gas leases 

onshore and on the Outer Continental 

Shelf, both royalty payments and 

royalty reports are due at the end of the 

month following the month of 

production. 

Title 30 CFR 216.53 prescribes similar 

requirements for production reporting. 

It provides in relevant part: 

(a) You must file an Oil and Gas 

Operations Report [OGOR], Form MMS–

4054, if you operate one of the following 

that contains one or more wells that are 

not permanently plugged or abandoned: 

(1) An OCS lease or federallyapproved agreement; or 

(2) An onshore Federal or Indian lease 

or federally-approved agreement for 

which you elected to report on a Form 

MMS–4054 instead of a Form MMS–

3160. 

* * * * * 

(c) * * * 

56850 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 

If you submit your form We must receive it by 

(1) Electronically ....................................................................................... The 25th day of the second month following the month for which you 

are reporting. 

(2) Other than electronically ..................................................................... The 15th day of the second month following the month for which you 

are reporting. 

For operators of Federal onshore 

leases who do not report on the Form 

MMS–4054, section 216.50(c) contains 

filing deadlines for the Form MMS–

3160 (Monthly Report of Operations) 

that are identical for the OGOR under 

section 216.53(c). 

The mineral leasing laws grant the 

Secretary broad authority to promulgate 

rules and regulations. See the Outer 

Continental Shelf Lands Act, at 43 

U.S.C. 1334(a) (offshore leases); the 

Mineral Leasing Act, at 30 U.S.C. 189 

(onshore public domain leases); and the 

Mineral Leasing Act for Acquired 

Lands, at 30 U.S.C. 359 (onshore 

acquired lands leases). 

B. The Impact of Hurricane Katrina and 

Hurricane Rita 

Hurricane Katrina came ashore on the 

coast of the Gulf of Mexico on August 

29, 2005. The resulting floods had a 

devastating impact on the area of New 

Orleans, Louisiana, among other areas. 

The entire City of New Orleans and 

some of the surrounding area have been 

evacuated, and most of the city is still 

without power, water, and essential 

services. The business district of the city 

and many other areas of the metropolis 

have been rendered uninhabitable for 

the present. 

Subsequently, Hurricane Rita came 

ashore on the Gulf Coast in late 

September 2005. This hurricane 

resulted in further serious damage to 

areas of the United States where Federal 

oil and gas lessees maintain offices from 

which the reports and payments 

described above are produced. 

Several reporters for Federal oil and 

gas leases (particularly for Federal 

offshore leases), had their principal 

offices, from which they generated and 

sent royalty reports and payments, 

located in areas affected by one or both 

hurricanes. Based on current 

information and conversations with the 

personnel of a number of oil and gas 

lessees and operators, MMS’s 

understanding is that several oil and gas 

lessees and operators have completely 

lost use of their offices and associated 

facilities and records. Until access to 

buildings, records, data, and 

communications lines are restored, 

these parties are simply unable to 

generate or transmit royalty reports and 

royalty payments or monthly operations 

reports. 

II. Explanation of the Provisions of This 

Final Rule 

Under the circumstances described 

above, MMS believes it is equitable to 

provide temporary relief from royalty 

payment and report due dates for 

lessees of Federal oil and gas leases 

whose payment and reporting 

operations have been disrupted by 

either or both of these hurricanes. This 

relief does not extend to reporting or 

payments due on Indian leases or to 

Federal leases for minerals other than 

oil and gas. (In addition, this rule does 

not address annual rental payments.) 

The relief is intended to give payors a 

reasonable period of time to restore 

normal operations. Postponing the 

royalty payment due date means that 

late payment interest will not accrue 

during the period between the due date 

that would have applied in the absence 

of this rule and the new due date 

established under this rule. 

For lessees who make the required 

certification discussed below, the new 

due date for royalties and corresponding 

royalty reports (Form MMS–2104) for 

the production months of July, August, 

September, and October 2005 will be 

January 3, 2006 (because December 31, 

2005, falls on a weekend). (In the 

absence of this rule, the due dates for 

royalty payments and reports for the 

production months of July, August, 

September, and October 2005 would 

have been August 31, September 30, 

October 31, and November 30, 

respectively.) The new due date for the 

production reports (the OGOR, Form 

MMS–4054) or the Monthly Report of 

Operations for onshore leases (Form 

MMS–3160) for the production months 

of July, August, and September 2005 

will be December 15, 2005 (if you do not 

file electronically) or December 27, 2005 

(if you file electronically, in view of the 

fact that December 25 falls on a 

weekend and December 26 is a holiday 

for agency personnel). (In the absence of 

this rule, the due dates for OGORs or 

monthly operations reports for the 

production months of July, August, and 

September 2005 would have been 

September 15 or 26, October 17 or 25, 

and November 15 or 25, respectively.) 

To avail itself of this relief, a lessee, 

royalty payor, or operator will have to 

certify that a hurricane that struck the 

Gulf of Mexico coast of the United 

States in either August 2005 or 

September 2005 (i.e., either Hurricane 

Katrina or Hurricane Rita) disrupted the 

lessee or payor’s operations to the extent 

that it prevented the lessee or payor 

from making an accurate royalty 

payment or submitting an accurate 

royalty report, or prevented the lessee or 

operator from submitting an accurate 

operations report. 

While MMS anticipates that virtually 

all oil and gas lessees generate royalty 

reports and transmit payments at one 

location, a lessee’s or payor’s 

certification that it is unable to generate 

and submit either an accurate royalty 

report or an accurate royalty payment 

will allow the lessee or payor to claim 

relief from both the royalty reporting 

and royalty payment deadlines. The 

reason for this is twofold. First, if a 

lessee can pay but cannot report, it 

serves no purpose to require the lessee 

to pay. Without the accompanying 

report, MMS does not know the leases 

and production months for which the 

payment is made. The MMS therefore is 

unable to account for and disburse the 

payment properly. Second, if the lessee 

can generate the report but cannot pay, 

there is no purpose for requiring the 

lessee to submit the report. The MMS 

could process the report, but it cannot 

move money that it has not received. It 

would then require manual intervention 

to prevent the automated system from 

generating a late payment interest bill 

when MMS receives the payment later. 

If MMS believes that a lessee’s, 

royalty payor’s, or operator’s 

certification is not justified under the 

lessee’s or payor’s or operator’s 

circumstances, MMS may reject the 

certification. If MMS notifies the lessee, 

royalty payor, or operator that MMS 

does not accept the certification, then 

the lessee must report or pay, as 

applicable, by the date MMS specifies in 

the notice. Failure to report or pay by 

the prescribed date could subject the 

lessee or payor to civil penalties under 

30 U.S.C. 1719 or 43 U.S.C. 1350, as 

applicable. 

Under the Administrative Procedure 

Act, 5 U.S.C. 553(b)(B), publication of a 

proposed rule and an opportunity for 

public comment are required before an 

agency promulgates a rule, except: 

(B) When the agency for good cause finds 

(and incorporates the finding and a brief 

statement of reasons therefor in the rules 

Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 56851 

issued) that notice and public procedure 

thereon are impracticable, unnecessary, or 

contrary to the public interest. 

Under the regulations and lease terms 

discussed above, royalty payments for 

the production month of July 2005 were 

due on August 31, 2005, two days after 

Hurricane Katrina hit the Gulf Coast. 

Royalty payments and reports for the 

production month of August 2005 are 

due on September 30, 2005. The need to 

provide relief from the royalty payment 

and reporting deadlines is immediate, 

and the very short time involved will 

not permit solicitation, receipt, and 

evaluation of comments before 

promulgating a final rule. The MMS 

therefore for good cause finds that 

notice and public comment on this 

rulemaking is impracticable and 

contrary to the public interest. 

The Administrative Procedure Act, at 

5 U.S.C. 553(d) further provides: 

(d) The required publication or 

service of a substantive rule shall be 

made not less than 30 days before its 

effective date, except—

(1) a substantive rule which grants or 

recognizes an exemption or relieves a 

restriction; 

(2) interpretative rules and statements 

of policy; or 

(3) as otherwise provided by the 

agency for good cause found and 

published with the rule. 

As explained above, the need for relief 

for payors who qualify for relief under 

this rule is immediate and arises in 

much less than 30 days. Payors would 

be unnecessarily harmed if MMS were 

not to make this rule effective 

immediately. Therefore, MMS for good 

cause finds that this rule should take 

effect immediately. 

III. Procedural Matters 

1. Summary Cost and Royalty Impact 

Data 

We summarize below the estimated 

costs and benefits of this final rule to all 

potentially affected groups: industry, 

State and local governments, Indian 

tribes and individual Indian mineral 

owners, and the Federal Government. 

A. Industry 

Small Business Issues. Approximately 

2,500 companies report and pay 

bonuses, rents, and royalties to MMS. 

We estimate that over 97 percent of 

these companies are small businesses, 

as defined by the U.S. Small Business 

Administration, because they have 500 

or fewer employees. The MMS estimates 

that this final rule will not impose any 

additional burden on small businesses. 

B. State and Local Governments 

The MMS estimates that this final rule 

may cause a potential delay in royalty 

disbursements to a few states. The MMS 

has been notified by several companies 

that Hurricane Katrina and Hurricane 

Rita mainly impacted their ability to 

report and pay on offshore and onshore 

Federal oil and gas leases. 

C. Indian Tribes and Individual Indian 

Mineral Owners 

This final rule will not impose any 

additional burden on Indian tribes and 

individual Indian mineral owners. The 

relief provided in this rule does not 

extend to reporting or payments due on 

Indian leases. 

D. Federal Government 

The MMS estimates that there will not 

be a significant annual revenue loss due 

to this final rule. The MMS estimates 

there will be minimal impacts to 

manually prevent inappropriate interest 

billings. 

2. Regulatory Planning and Review, 

Executive Order 12866 

In accordance with the criteria in 

Executive Order 12866, this final rule is 

not a significant regulatory action as it 

does not exceed the $100 million 

threshold. The Office of Management 

and Budget makes the final 

determination under Executive Order 

12866. 

1. This final rule does not have an 

annual economic effect of $100 million 

or adversely affect an economic sector, 

productivity, jobs, the environment, or 

other units of government. A costbenefit and economic analysis is not 

required. 

2. This final rule does not create 

inconsistencies with other agencies’

actions. 

3. This final rule does not materially 

affect entitlements, grants, user fees, 

loan programs, or the right and 

obligations of their recipients. 

4. This final rule does not raise novel 

legal or policy issues. 

3. Regulatory Flexibility Act 

I certify that this final rule does not 

have a significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). An initial 

Regulatory Flexibility Analysis is not 

required. Accordingly, a Small Entity 

Compliance Guide is not required. 

Your comments are important. The 

Small Business and Agricultural 

Regulatory Enforcement Ombudsman 

and 10 Regional Fairness Boards were 

established to receive comments from 

small businesses about Federal agency 

enforcement actions. The Ombudsman 

will annually evaluate the enforcement 

activities and rate each agency’s 

responsiveness to small business. You 

may comment to the Small Business 

Administration without fear of 

retaliation. Disciplinary action for 

retaliation by an MMS employee may 

include suspension or termination from 

employment with the Department of the 

Interior. 

4. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This final rule is not a major rule 

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

Business Regulatory Enforcement 

Fairness Act. This final rule: 

1. Does not have an annual effect on 

the economy of $100 million or more. 

See the above analysis titled ‘‘Summary 

of Costs and Royalty Impacts.’’

2. Does not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

3. 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. 

5. Unfunded Mandates Reform Act 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.): 

1. This final rule does not 

‘‘significantly or uniquely’’ affect small 

governments. Therefore a Small 

Government Agency Plan is not 

required. 

2. This final rule does not produce a 

Federal mandate of $100 million or 

greater in any year, i.e., it is not a 

‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

6. Government Actions and Interference 

With Constitutionality Protected 

Property Rights (Takings), Executive 

Order 12630 

In accordance with Executive Order 

12630, this final rule does not have 

significant takings implications. A 

takings implication assessment is not 

required. 

7. Federalism, Executive Order 13132 

In accordance with Executive Order 

13132, this final rule does not have 

federalism implications. A federalism 

summary impact statement is not 

required. It will not substantially and 

directly affect the relationship between 

Federal and State Governments. The 

management of Federal leases is the 

responsibility of the Secretary of the 

Department of the Interior. Royalties 

56852 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 

collected from Federal leases are shared 

with state governments on a percentage 

basis as prescribed by law. This final 

rule does not alter any lease 

management or royalty sharing 

provisions. This final rule does not 

impose costs on states or localities. 

8. Civil Justice Reform, Executive Order 

12988 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this final rule does not 

unduly burden the judicial system and 

does meet the requirements of § 3(a) and 

3(b)(2) of the Order. 

9. Paperwork Reduction Act of 1995 

The certifications contained in 

§§ 216.50 (i)(2) and 218.50(d)(2) do not 

require approval under the Paperwork 

Reduction Act because they do not meet 

the definition of information collection 

contained in 5 CFR 1320.3 (h)(1). Under 

this definition, solicitations of names, 

addresses and basic certifications do not 

require approval. Parts 210, 216, and 

218 contain the following information 

collections, as defined by the Paperwork 

Reduction Act of 1995 (PRA): 

• 1010–0139, 30 CFR Part 216, 

Production Accounting, Subparts A and 

B; and Part 210, Forms and Reports, 

expires August 31, 2006. 

• 1010–0140, 30 CFR Part 210—

Forms and Reports (Form MMS–2014, 

Report of Sales and Royalty 

Remittance), expires October 31, 2006. 

10. National Environmental Policy Act 

(NEPA) 

We have analyzed this final rule in 

accordance with the criteria of the 

National Environmental Policy Act and 

516 DM. We determined this final rule 

does not constitute a major Federal 

action significantly affecting the quality 

of the human environment. An 

environmental impact statement is not 

required. 

11. Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2, we have evaluated potential 

effects on federally recognized Indian 

tribes and have determined that the 

effects of this final rule will have no 

impact on Indian tribes. This relief does 

not extend to reporting or payments due 

on Indian leases. 

12. Consultation and Coordination With 

Indian Tribal Governments, Executive 

Order 13175 

In accordance with Executive Order 

13175, this final rule does not have 

tribal implications that impose changes 

in the delegations between the MMS 

and the tribes. In addition, this final 

rule has no implications on individual 

Indian mineral owners. This relief does 

not extend to reporting or payments due 

on Indian leases. 

13. Effects on the Nation’s Energy 

Supply, Distribution, or Use, Executive 

Order 13211 

In accordance with Executive Order 

13211, this regulation does not have a 

significant adverse effect on the Nation’s 

energy supply, distribution, or use. 

14. Clarity of This Regulation 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite your 

comments on how to make this rule 

easier to understand, including answers 

to questions such as the following: (1) 

Are the requirements in the rule clearly 

stated? (2) Does the rule contain 

technical language or jargon that 

interferes with its clarity? (3) Does the 

format of the rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce its 

clarity? (4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? A ‘‘section’’

appears in bold type and is preceded by 

the symbol ‘‘§ ’’ and a numbered 

heading; for example, § 204.200. (5) 

What is the purpose of this part? (6) Is 

the description of the rule in the 

SUPPLEMENTARY INFORMATION section of 

the preamble helpful in understanding 

the rule? 

(7) What else could we do to make the 

rule easier to understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street NW., 

Washington, DC 20240. You may also email the comments to this address: 

Exsec@ios.doi.gov. 

List of Subjects in 30 CFR Parts 216 and 

218 

Hurricane Katrina, Hurricane Rita, 

relief, payor, reporter, report, royalty, 

production. 

Dated: September 23, 2005. 

Chad Calvert, 

Acting Assistant Secretary for Land and 

Minerals Management. 

■ For the reasons explained in the 

preamble, MMS amends parts 216 and 

218 of title 30 of Code of Federal 

Regulations as set forth below. 

PART 216—PRODUCTION 

ACCOUNTING 

■ 1. The authority for part 216 

continues to read as follows: 

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

396 et seq., 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). 

■ 2. In § 216.53, paragraphs (e) and (f) 

are added as follows: 

§ 216.53 Oil and gas operations report. 

* * * * * 

(e)(1) Notwithstanding the provisions 

of paragraph (c) of this section and 

§ 216.50, the due date for submittal of 

the Oil and Gas Operations Report 

(Form MMS–4054) or Monthly Report of 

Operations (Form MMS–3160) for the 

production months of July, August, and 

September 2005 for Federal offshore and 

onshore oil and gas leases by oil and gas 

lessees or operators who make the 

certification required under paragraph 

(e)(2) of this section is extended to 

December 15, 2005 (if you do not file 

electronically) or December 27, 2005 (if 

you file electronically). 

(2) The extended due dates in 

paragraph (e)(1) of this section will 

apply to Oil and Gas Operations Reports 

(Form MMS–4054) and Monthly Reports 

of Operations (Form MMS–3160) by any 

lessee or operator who certifies that a 

hurricane that struck the Gulf of Mexico 

coast of the United States in August or 

September 2005 disrupted the lessee’s 

or operator’s operations to the extent 

that it prevented the lessee or operator 

from submitting an accurate Form 

MMS–4054 or MMS–3160. 

(3) Paragraphs (e)(1) and (e)(2) of this 

section do not apply to Indian leases or 

to Federal leases for minerals other than 

oil and gas. 

(4) Certifications under paragraph 

(e)(2) of this section should be 

submitted either: 

(i) By mail to: Robert Prael, Financial 

Manager, Minerals Management Service, 

Minerals Revenue Management, P.O. 

Box 25165, MS 350B1, Denver, CO 

80225–0165, or 

(ii) By e-mail to 

Robert.Prael@mms.gov. 

(f)(1) A lessee or operator who 

submits a certification required under 

paragraph (e)(2) of this section may rely 

on the extended due dates prescribed in 

paragraph (e)(1) of this section unless 

and until MMS notifies the lessee or 

operator that MMS does not accept the 

certification. 

Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 56853 

(2) If MMS notifies a lessee or 

operator that MMS does not accept the 

lessee’s or operator’s certification under 

paragraph (e)(2) of this section, the due 

date for the Oil and Gas Operations 

Report or Monthly Report of Operations 

will be the date specified in the notice. 

PART 218—COLLECTION OF 

ROYALTIES, RENTALS, BONUSES 

AND OTHER MONIES DUE THE 

FEDERAL GOVERNMENT 

■ 3. The authority for part 218 

continues to read as follows: 

Authority: 25 U.S.C. 396 et seq., 396a et 

seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 

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

3335; 43 U.S.C. 1301 et seq., 1331 et seq., and 

1801 et seq. 

■ 4. In § 218.50, paragraphs (d) and (e) 

are added to read as follows: 

§ 218.50 Timing of payment. 

* * * * * 

(d)(1) Notwithstanding the provisions 

of paragraph (a) of this section and 

corresponding lease terms and 30 CFR 

210.52, the due date for submittal of 

royalty payments and Reports of Sales 

and Royalty Remittance (Form MMS–

2014) for the production months of July, 

August, September, and October 2005 

for Federal offshore and onshore oil and 

gas leases by oil and gas lessees or 

royalty payors who make the 

certification required under paragraph 

(d)(2) of this section is extended until 

January 3, 2006. 

(2) The extended due dates in 

paragraph (d)(1) of this section will 

apply to royalty payments and Reports 

of Sales and Royalty Remittance (Form 

MMS–2014) by any lessee or royalty 

payor who certifies that a hurricane that 

struck the Gulf of Mexico coast of the 

United States in August or September 

2005 disrupted the lessee’s or payor’s 

operations to the extent that it 

prevented the lessee or royalty payor 

from making an accurate royalty 

payment or submitting an accurate Form 

MMS–2014. 

(3) A lessee’s or royalty payor’s 

certification under paragraph (d)(2) of 

this section that it is unable to generate 

and submit either an accurate royalty 

report or an accurate royalty payment 

will extend the due date for both royalty 

reporting and royalty payment. 

(4) Paragraphs (d)(1) through (d)(3) of 

this section do not apply to Indian 

leases or to Federal leases for minerals 

other than oil and gas. 

(5) Certifications under paragraph 

(d)(2) of this section should be 

submitted either: 

(i) By mail to: Robert Prael, Financial 

Manager, Minerals Management Service, 

Minerals Revenue Management, P.O. 

Box 25165, MS 350B1, Denver, CO 

80225–0165, or 

(ii) By e-mail to 

Robert.Prael@mms.gov. 

(e)(1) A lessee or royalty payor who 

submits a certification required under 

paragraph (d)(2) of this section may rely 

on the extended due dates prescribed in 

paragraph (d)(1) of this section unless 

and until MMS notifies the lessee or 

royalty payor or operator that MMS does 

not accept the certification. 

(2) If MMS notifies the lessee or 

royalty payor that MMS does not accept 

the lessee’s or royalty payor’s 

certification under paragraph (d)(2) of 

this section, the due date for royalty 

payments and Reports of Sales and 

Royalty Remittance will be the date 

specified in the notice. 

[FR Doc. 05–19533 Filed 9–28–05; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Parts 250 and 282 

RIN 1010–AC47 

Oil and Gas and Sulphur Operations in 

the Outer Continental Shelf—Plans and 

Information 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: MMS is delaying until 

January 1, 2006, the effective date of a 

rule that regulates plans and 

information that lessees and operators 

must submit in connection with oil and 

gas exploration, development and 

production on the Outer Continental 

Shelf (OCS). This delay is necessary 

because of damage in the New Orleans 

area caused by Hurricane Katrina and 

subsequent flooding. This temporary 

delay will provide relief to the 

government and the oil and gas industry 

as they recover from this disaster. 

EFFECTIVE DATE: The effective date of the 

rule amending 30 CFR Parts 250 and 

282 published at 70 FR 51478, August 

30, 2005, is delayed until January 1, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Kumkum Ray, Offshore Regulatory 

Programs (703) 787–1604. 

SUPPLEMENTARY INFORMATION: The rule 

on Plans and Information that was 

published in the Federal Register on 

August 30, 2005 (70 FR 51478) provides 

that MMS will also publish a Notice to 

Lessees (NTL) to provide further 

guidance. The primary office 

responsible for developing the NTL, the 

MMS Gulf of Mexico Regional Office in 

New Orleans, Louisiana, has been 

temporarily moved since Hurricane 

Katrina and the flooding that followed 

that disaster. While critical functions 

have been continuously maintained, a 

portion of the associated staff and 

systems are expected to require two 

months to become fully functional. 

Moreover, many of the lessees and 

operators subject to the rule are 

similarly engaged in the restoration of 

normal operations following Hurricane 

Katrina. Lessees and operators will be 

making changes in their own procedures 

to comply with the rule. Lessees and 

operators whose operations have been 

interrupted as a result of the hurricane 

may not be able to make these changes 

until normal operations resume. 

Accordingly, the Department of the 

Interior is postponing the effective date 

of the final rule and the accompanying 

NTL until January 1, 2006. 

Dated: September 23, 2005. 

Chad Calvert, 

Assistant Secretary—Land and Minerals 

Management. 

[FR Doc. 05–19532 Filed 9–28–05; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[RO4–OAR–2005–NC–0003–200532(a); FRL–

7976–5] 

Approval and Promulgation of State 

Plan for Designated Facilities and 

Pollutants; North Carolina 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the Clean 

Air Act (CAA) section 111(d)/129 State 

Plan submitted by the North Carolina 

Department of Environment and Natural 

Resources (North Carolina DENR) for 

the State of North Carolina on August 7, 

2002, and subsequently revised on 

December 14, 2004 (State Plan). The 

State Plan is for implementing and 

enforcing the Emissions Guidelines (EG) 

applicable to existing Commercial and 

Industrial Solid Waste Incineration 

(CISWI) Units that commenced 

construction on or before November 30, 

1999. 

DATES: This direct final rule will be 

effective November 28, 2005 unless EPA 

receives adverse comments by October