58610 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 

compliance are encouraged to contact 

the point of contact listed under FOR

FURTHER INFORMATION CONTACT. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

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

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. 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 set out in the 

preamble, the Coast Guard amends part 

165 of title 33, Code of Federal 

Regulations, 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. From 4 p.m. (PDT) October 3, 2005 

until 8 a.m. (PDT) October 17, 2005 

unless sooner cancelled by the Captain 

Of the Port, a temporary §165.T13–05–

017 is added to read as follows: 

§ 165.T13–05–017 Safety Zone: Downed 

Aircraft, Browns Bay, Puget Sound, WA. 

(a) Location. The following area is a 

safety zone: The waters within a one 

nautical mile radius of 47 degrees, 51.0 

minutes North, 122 degrees, 21.0 

minutes West [datum: NAD 1983], 

approximately three nautical miles 

northeast of Edwards Point, Edmonds, 

Washington, where a submerged 

helicopter, tail number A–109, is 

located. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no person or vessel may 

enter or remain in this safety zone, 

except for vessels involved in the 

salvage and investigation operations, 

supporting personnel, or other vessels 

authorized by the Captain of the Port or 

his designated representatives. 

(c) Enforcement Period. From 4 p.m. 

(PDT) October 3, 2005 until 8 a.m. (PDT) 

October 17, 2005 unless sooner 

cancelled by the Captain of the Port. 

Dated: October 3, 2005. 

Stephen P. Metruck, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 05–20342 Filed 10–5–05; 2:13 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3140 

[WO–310–1310–PP–241A] 

RIN 1004–AD76 

Leasing in Special Tar Sand Areas 

AGENCY: Bureau of Land Management, 

Department of the Interior. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The Bureau of Land 

Management (BLM or ‘‘we’’) is issuing 

this interim final rule to amend 

regulations for the leasing of 

hydrocarbons, except coal, gilsonite and 

oil shale, in special tar sand areas. In 

this rule, BLM amends our regulations 

to respond to provisions of the Energy 

Policy Act of 2005 that allow separate 

oil and gas leases and tar sand leases in 

special tar sand areas, specify several oil 

and gas leasing practices that apply to 

tar sand leases, increase the maximum 

size for combined hydrocarbon leases 

and tar sand leases, and set the 

minimum acceptable bid for tar sand 

leases at $2.00 per acre. The law 

requiring these changes also requires 

that this rule be published as a final rule 

within 45 days of enactment. 

This is an interim final rule. Although 

the rule is effective upon publication, 

there is a 60-day comment period that 

starts on the date of publication. After 

the comment period, we will review the 

comments and may issue a further final 

rule making any necessary changes. 

DATES: The interim final rule is effective 

October 7, 2005. 

Comments 

You should submit your comments on 

or before December 6, 2005. The BLM 

will not necessarily consider any 

comments received after the above date 

during its decision-making on the 

interim final rule. 

ADDRESSES: 

Comments 

You may mail comments to Director 

(630), Bureau of Land Management, 

Eastern States Office, 7450 Boston 

Boulevard, Springfield, Virginia 22153. 

Hand delivery: 1620 L Street NW., Suite 

401, Washington, DC 20036. For 

information about filing comments 

electronically, see the SUPPLEMENTARY

INFORMATION section under ‘‘Electronic 

access and filing address.’’

FOR FURTHER INFORMATION CONTACT: Ron 

Teseneer in the Solid Minerals Group at 

(202) 452–5094. For assistance in 

Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 58611 

reaching Mr. Teseneer, 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, 7 days 

a week. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Discussion of Interim Final Rule 

IV. Procedural Matters 

I. Public Comment Procedures 

Electronic Access and Filing Address 

You may view an electronic version of 

this interim final rule at BLM’s Internet 

home page: http://www.blm.gov. 

Internet e-mail: 

comments_washington@blm.gov. Please 

also include ‘‘Attention: 1004–AD76’’

and your name and return address in 

your message. If you do not receive a 

confirmation from the system that we 

have received your Internet message, 

contact us by phone at (202) 452–5030. 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

Written Comments 

Written comments on the interim 

final rule should be specific, should be 

confined to issues pertinent to the 

interim final rule, and should explain 

the reason for any recommended 

change. Where possible, comments 

should reference the specific section or 

paragraph of the proposal which the 

commenter is addressing. The BLM may 

not necessarily consider or include in 

the Administrative Record for the final 

rule comments which BLM receives 

after the close of the comment period 

(See DATES) or comments delivered to an 

address other than those listed above 

(See ADDRESSES). 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at 1620 L 

Street, NW., Suite 401, Washington, DC, 

during regular business hours (7:45 a.m. 

to 4:15 p.m.), Monday through Friday, 

except Federal holidays. Individual 

respondents may request 

confidentiality. If you wish to request 

that BLM consider withholding your 

name, street address, and other contact 

information (such as: Internet address, 

FAX or phone number) from public 

review or from disclosure under the 

Freedom of Information Act, you must 

state this prominently at the beginning 

of your comment. The BLM will honor 

requests for confidentiality on a case-bycase basis to the extent allowed by law. 

The BLM will make available for public 

inspection in their entirety all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses. 

II. Background 

The Combined Hydrocarbon Leasing 

Act of 1981 (Pub. L. 97–78) amended 

the Mineral Leasing Act to authorize the 

Secretary of the Interior (Secretary) to 

issue combined hydrocarbon leases in 

areas containing substantial deposits of 

tar sand, which were to be designated as 

special tar sand areas. This Act further 

specified that combined hydrocarbon 

leases were the only type of lease that 

could be offered in these special tar 

sand areas. The BLM published 

regulations implementing the leasing 

provisions of this Act on February 18, 

1983 (see 48 FR 7422). 

Section 350 of the Energy Policy Act 

of 2005 further amended the Mineral 

Leasing Act to authorize the Secretary to 

issue separate oil and gas leases and tar 

sand leases, in addition to combined 

hydrocarbon leases, in special tar sand 

areas. Section 350 of the Act also 

specified several oil and gas leasing 

practices that will apply to tar sand 

leases and set the minimum acceptable 

bid for tar sand leases at $2.00 per acre. 

Section 350(a) also authorizes the 

waiver of diligence requirements in tar 

sands prospecting permits. Because the 

Mineral Leasing Act does not provide 

for prospecting permits for this mineral, 

no provisions to implement this part of 

the new statute are included in this rule. 

Section 369(j)(1)(D) of the Energy 

Policy Act of 2005 also amended the 

Mineral Leasing Act to increase the 

maximum acreage of combined 

hydrocarbon leases and tar sand leases 

in a special tar sand area to 5,760 acres. 

The terms of section 350 are very 

clear and leave BLM no room for 

interpretation. Therefore, the BLM finds 

good cause to omit the general notice of 

proposed rulemaking as required by 5 

U.S.C. 553(b) because the statutorily 

prescribed directions make notice and 

comment unnecessary. Section 350(c) of 

the Act requires BLM to amend these 

regulations in order to implement the 

changes directed by Congress in the Act. 

The BLM has little discretion in this 

matter and is merely making minor 

technical amendments and other 

revisions directly related to 

implementing the Act. For the same 

reasons, BLM finds good cause under 5 

U.S.C. 553(d) to make the rule effective 

immediately upon publication. 

However, we will accept comments on 

the rule for 60 days after the date of 

publication (see DATES). If there are no 

substantive comments on the interim 

final rule, we will publish another in 

the Federal Register stating that the rule 

will stand as published. If there are 

substantive comments on the interim 

final rule, we will issue a further final 

rule which addresses those comments 

and makes any necessary changes. 

III. Discussion of Interim Final Rule 

This interim final rule implements the 

changes to the 43 CFR part 3140 

regulations that are required by Section 

350 and 369 of the Energy Policy Act of 

2005. A detailed, section-by-section 

discussion of the changes follows: 

Part 3140—Leasing in Special Tar Sand 

Areas 

The title is changed from COMBINED 

HYDROCARBON LEASING, to reflect 

that oil and gas leases and tar sand 

leases are now available in special tar 

sand areas. 

The title of subpart 3141 in the index 

is revised to read ‘‘Subpart 3141—

Leasing in Special Tar Sand Areas.’’

This is done because in certain 

circumstances oil and gas leases in 

special tar sand areas may be obtained 

noncompetitively. 

The authority citation for Part 3140 is 

amended to add the Energy Policy Act 

of 2005. 

Section 3140.0–5 Definitions 

This section is revised to correct 

references to 43 CFR 3572.1, which no 

longer exists. The new references are 43 

CFR 3592 and 43 CFR 3593. 

Section 3140.1–4 Other Provisions 

This section is revised to show the 

new statutory maximum lease size 

within special tar sand areas, and to 

indicate that the lease referred to in this 

section is a combined hydrocarbon 

lease. 

Section 3140.4–2 Issuance of the 

Combined Hydrocarbon Lease 

Paragraph (b) of this section is 

amended to correct a typographical 

error. Paragraph (d)(2) is amended to 

reflect the revised maximum lease size. 

Subpart 3141—Leasing in Special Tar 

Sand Areas 

The title of this subpart is changed by 

removing the word competitive. This is 

because under some circumstances, oil 

and gas leases in special tar sand areas 

may be leased noncompetitively. The 

authority citation for this subpart is 

changed to include the Energy Policy 

Act of 2005. 

Section 3141.0–1 Purpose 

This section is revised to indicate that 

subpart 3141 now includes oil and gas 

leasing and tar sand leasing in special 

tar sand areas. 

58612 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 

Section 3141.0–3 Authority 

This section is revised to include the 

Energy Policy Act of 2005 as one of the 

authorities for subpart 3141. 

Section 3141.0–5 Definitions 

This section is amended to include 

the definitions of an oil and gas lease 

and a tar sand lease for the purposes of 

this subpart. 

Section 3141.0–8 Other Applicable 

Regulations 

This section is amended to specify 

that the other regulations referenced in 

the current regulations apply to 

combined hydrocarbon leases only. Two 

new paragraphs were added to indicate 

which other regulations apply to oil and 

gas leases and which other regulations 

apply to tar sand leases. 

Section 3141.1 General 

This section is amended to allow the 

authorized officer to issue tar sand 

leases by competitive leasing only. This 

section also is revised to allow the 

authorized officer to issue oil and gas 

leases by competitive leasing, or if no 

qualifying bids are received, by 

noncompetitive leasing. This is the 

same procedure used to lease other oil 

and gas resources under the Mineral 

Leasing Act. Although it is possible to 

construe the changes made by the 

Energy Policy Act as allowing only 

competitive leasing of oil and gas in tar 

sand areas, we believe that Congress 

intended to use the same procedures for 

all oil and gas. There is no reason to 

treat oil and gas resources in special tar 

sand areas differently. 

Furthermore, it is more efficient to 

administer the oil and gas leasing 

program of the Utah State BLM Office if 

the same procedures apply to all oil and 

gas parcels offered in its sales, since 

BLM conducts oil and gas leasing on a 

statewide basis. 

The revisions to this section also 

clarify that oil and gas resources may be 

leased by either a combined 

hydrocarbon lease or by an oil and gas 

lease, and that tar sands may be leased 

by either a combined hydrocarbon lease 

or by a tar sand lease. The revisions also 

reiterate that an oil and gas lease does 

not include rights to explore for or 

develop tar sands and that a tar sand 

lease does not include rights to explore 

for or develop oil and gas. 

This section is revised to specify 

which oil and gas leasing regulations 

apply to tar sand leasing, and to indicate 

that the minimum acceptable bid for tar 

sand leases is $2.00 per acre. 

This section is further revised to 

indicate that tar sand leases are not 

charged against the acreage limitations 

is found at 30 U.S.C. Section 184(d) and 

43 CFR 3101.2 for holding oil and gas 

leases. 

Section 3141.2–2 Exploration Licenses 

Paragraph (b)(5) of this section is 

revised to reflect the new maximum 

lease size for special tar sand areas. 

Section 3141.4–2 Consultation With 

Others 

Several revisions are made in 

paragraph (b) of this section to reflect 

the availability of oil and gas leases and 

tar sand leases in special tar sand areas. 

Section 3141.5–1 Economic Evaluation 

This section is revised to indicate that 

an economic evaluation is required for 

combined hydrocarbon leases only. 

Section 3141.5–2 Term of Lease 

This section is modified to describe 

the term of lease for tar sand leases. 

Section 3141.5–3 Royalties and 

Rentals 

Paragraph (a) of this section is 

modified to indicate that the royalty rate 

specified applies to tar sand leases. 

Paragraph (c) of this section is 

modified to indicate that the rental rate 

specified applies to tar sand leases. 

Section 3541.5–4 Lease Size 

This section is amended to reflect the 

statutory maximum lease size of 5,760 

acres for combined hydrocarbon leases 

or tar sand leases. 

Section 3141.5–5 Dating of Lease 

This paragraph is modified to specify 

that it also applies to tar sand leases. 

Section 3141.6–2 Publication of a 

Notice of Competitive Lease Offering 

This section is amended to specify the 

publication procedures for tar sand 

leases as directed by the Energy Policy 

Act of 2005. 

For Tar Sand Leases or Oil and Gas 

Leases, at least 45 days prior to 

conducting a competitive auction, lands 

to be offered for a competitive lease sale 

shall be posted in the proper BLM office 

having jurisdiction over the lands as 

specified in Section 1821.2–1(d) of this 

title, and shall be made available for 

posting to surface managing agencies 

having jurisdiction over any of the 

included lands. 

Section 3141.6–3 Conduct of Sales 

This section is amended to specify the 

bidding procedures for oil and gas 

leases and tar sand leases. This is one 

of the specific directives in the Energy 

Policy Act of 2005. 

Oil and Gas Leases will be conducted 

using the procedures for oil and gas 

leases in Section 3120.5 of this title. 

Tar sand lease parcels shall be offered 

by oral bidding, the winning bid shall 

be the highest oral bid by a qualified 

bidder, equal to or exceeding $2.00 per 

acre, and payments shall be made as 

provide in Section 3120.5–2 of this title. 

Section 3141.6–5 Fair Market Value 

for Combined Hydrocarbon Leases 

This section is revised to clarify that 

it applies only to combined 

hydrocarbon leases. 

Subpart 3142—Paying Quantities/ 

Diligent Development for Combined 

Hydrocarbon Leases 

The title of this subpart is revised to 

clarify that it applies only to combined 

hydrocarbon leases. 

Section 3142.0–5 Definitions 

This section is revised to correct a 

typographical error. 

The revisions in this section reiterate 

that the bidding procedures for oil and 

gas leases in special tar sand areas are 

the same as for oil and gas leases 

elsewhere. 

IV. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These interim final regulations are not 

a significant regulatory action and are 

not subject to review by Office of 

Management and Budget under 

Executive Order 12866. These interim 

final regulations will not have an effect 

of $100 million or more on the 

economy. See further the discussion 

under the Regulatory Flexibility Act. 

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. 

These interim final regulations will not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. These 

interim final regulations do not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the right 

or obligations of their recipients; nor do 

they raise novel legal or policy issues. 

This rule changes the types of leases 

that may be issued in special tar sand 

areas, specifies which of the oil and gas 

leasing regulations will apply to tar 

sand leasing, sets the minimum 

acceptable bid for tar sand leases at $2 

per acre, changes the maximum lease 

size in special tar sand areas, corrects 

some typographical errors and 

erroneous cross references in the 

existing regulations, and makes some 

Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 58613 

cosmetic changes to make the remainder 

of the part consistent. 

The only provision of this rule with 

the potential to have an economic 

impact is the regulation setting the 

minimum acceptable bid at $2 per acre. 

The $2 per acre minimum bid for tar 

sand leases will not have an effect on 

productivity, jobs, the environment, or 

other units of government, nor will it 

have an effect of $100 million. The $2 

per acre minimum bid may have an 

effect on the oil and gas industry, but 

we anticipate that the effect will be 

minimal. The requirement that leasing 

occur competitively will ensure that fair 

market value will be paid for leases 

issued. In addition, the $2 minimum is 

a statutory requirement of the Energy 

Policy Act of 2005 and is not 

discretionary on the part of the 

Secretary of the Interior. 

Clarity of the Regulations 

Executive Order 12866 requires each 

agency to write regulations that are 

simple and easy to understand. We 

invite your comments on how to make 

these interim final regulations easier to 

understand, including answers to 

questions such as the following: 

1. Are the requirements in the interim 

final regulations clearly stated? 

2. Do the interim final regulations 

contain technical language or jargon that 

interferes with their clarity? 

3. Does the format of the interim final 

regulations (grouping and order of 

sections, use of headings, paragraphing, 

etc.) aid or reduce their clarity? 

4. Would the regulations be easier to 

understand if they 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 

§ 3141.5–4 Lease size.) 

5. Is the description of the interim 

final regulations in the SUPPLEMENTARY

INFORMATION section of this preamble 

helpful in understanding the interim 

final regulations? How could this 

description be more helpful in making 

the interim final regulations easier to 

understand? 

Please send any comments you have 

on the clarity of the regulations to the 

address specified in the ADDRESSES

section. 

National Environmental Policy Act 

The BLM has determined that this 

interim final rule is essentially 

administrative in nature and that a 

National Environmental Policy Act 

(NEPA) analysis must be completed 

prior to any leasing. This qualifies as a 

categorical exclusion under 516 

Departmental Manual (DM) Chapter 2, 

Appendix 1.10. Therefore, it is 

categorically excluded from 

environmental review under section 

102(2)(C) of the NEPA, pursuant to 516 

DM, Chapter 2, Appendix 1. In addition, 

the interim final rule does not meet any 

of the 10 criteria for exceptions to 

categorical exclusions listed in 516 DM, 

Chapter 2, Appendix 2. Pursuant to 

Council on Environmental Quality 

regulations (40 CFR 1508.4) and the 

environmental policies and procedures 

of the Department of the Interior, the 

term ‘‘categorical exclusions’’ means a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment and that have been found 

to have no such effect in procedures 

adopted by a Federal agency and for 

which neither an environmental 

assessment nor an environmental 

impact statement is required. 

Furthermore, in the Energy Policy Act 

of 2005, Congress directed that this final 

rule be published within 45 days 

exactly. Therefore, there is no time to 

complete a NEPA analysis of the rule 

and meet the prescribed deadline. 

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 a significant economic 

impact, either detrimental or beneficial, 

on a substantial number of small 

entities. The interim final regulations 

will have no effect on any small entities. 

The interim final regulation is 

incorporating a decision already made 

by Congress. The interim final 

regulation allows separate leases for two 

resources that formerly were only 

offered jointly in special tar sand areas, 

specifies which of the oil and gas 

leasing regulations apply to tar sand 

leases, and sets the minimum acceptable 

bid for tar sand leases. Therefore, BLM 

has determined under the RFA that this 

interim final rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The $2 per acre fixed minimum bid for 

tar sand leases will not have an effect on 

the economy of $100 million. The 

competitive bidding process should 

ensure that a tar sand lease is sold at fair 

market value and therefore the statutory 

$2 minimum bid should have no impact 

on small entities. 

Small Business Regulatory Enforcement 

Fairness Act 

These interim final regulations are not 

a ‘‘major rule’’ as defined at 5 U.S.C. 

804(2). The interim final regulation is 

essentially administrative in nature, 

changing only the types of leases that 

may be offered in special tar sand areas, 

specifying which of the oil and gas 

leasing regulations apply to tar sand 

leases, and setting the minimum 

acceptable bid for tar sand leases. 

Unfunded Mandates Reform Act 

These interim final regulations do not 

impose an unfunded mandate on State, 

local, or tribal governments or the 

private sector of more than $100 million 

per year; nor do these interim final 

regulations have a significant or unique 

effect on State, local, or tribal 

governments or the private sector. The 

interim final rule will not impose any 

mandate on State, local, or tribal 

governments or the private sector. The 

regulations implement clear and 

mandatory provisions of a recently 

enacted statute. The interim final 

regulation is essentially administrative 

in nature, changing only the types of 

leases that may be offered in special tar 

sand areas, specifying which of the oil 

and gas leasing regulations apply to tar 

sand leases, and setting the minimum 

acceptable bid for tar sand leases. 

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 (Takings) 

The interim final rule does not 

represent a government action capable 

of interfering with constitutionally 

protected property rights. The interim 

final rule has no effects that could be 

considered a taking. This rule change is 

administrative in nature. It changes the 

types of leases that may be issued in 

special tar sand areas, specifies which of 

the oil and gas leasing regulations will 

apply to tar sand leasing, sets the 

minimum acceptable bid for tar sand 

leases at $2 per acre, changes the 

maximum lease size in special tar sand 

areas, corrects some typographical 

errors and erroneous CFR references in 

the existing regulations and erroneous 

CFR references in the existing 

regulations, and makes some 

conforming changes to make the 

remainder of the part consistent. 

Therefore, the Department of the 

Interior has determined that the rule 

58614 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 

would not cause a taking of private 

property or require further discussion of 

takings implications under this 

Executive Order. 

Executive Order 13132, Federalism 

The interim final rule 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. The interim final 

rule will have no 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 rule change 

is administrative in nature. It changes 

the types of leases that may be issued in 

special tar sand areas, specifies which of 

the oil and gas leasing regulations will 

apply to tar sand leasing, sets the 

minimum acceptable bid for tar sand 

leases at $2 per acre, changes the 

maximum lease size in special tar sand 

areas, corrects some typographical 

errors and erroneous cross references in 

the existing regulations, and makes 

some conforming changes to make the 

remainder of the part consistent. 

Therefore, in accordance with Executive 

Order 13132, BLM has determined that 

this interim final rule 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 interim final rule would not 

unduly burden the judicial system and 

that it meets the requirements of 

sections 3(a) and 3(b)(2) of the Order. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175 we have identified no potential 

effects on Indian trust resources; 

however, it does affect split estate lands 

involving Indian surface and federal 

minerals. Accordingly, we are in the 

process of preparing a letter to the 

potentially affected tribes to inform 

them of the procedural changes that will 

take place in special tar sands areas and 

seeking their comments on the rule. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

In accordance with Executive Order 

13211, BLM has determined that the 

interim final rule will not have 

substantial direct effects on the energy 

supply, distribution or use, including a 

shortfall in supply or price increase. 

This rule does not represent the exercise 

of agency discretion. Congress’ mandate 

to offer oil and gas leasing and tar sand 

leasing, separately, in special tar sand 

areas may result in an increase in oil 

and gas production of unknown 

amounts. It does not impose a regulatory 

burden on any lessee. 

Paperwork Reduction Act 

BLM has determined that these 

regulations do not contain information 

collection requirements that the Office 

of Management and Budget must 

approve under the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501 et seq. 

Author 

The principal author of this rule is 

Ron Teseneer, Solid Minerals Group 

(WO320). Jim Kohler, Utah State Office, 

BLM, Dennis Daugherty, Office of the 

Solicitor, Department of the Interior, 

and Frank Bruno, Regulatory Affairs 

provided assistance during this effort. 

List of Subjects in 43 CFR Part 3140 

Government contracts, Hydrocarbons, 

Mineral royalties, Oil and gas 

exploration, Public lands—mineral 

resources, Reporting and recordkeeping 

requirements. 

Dated: September 29, 2005. 

Rebecca W. Watson, 

Assistant Secretary, Land and Minerals 

Management. 

■ Accordingly, BLM amends 43 CFR 

part 3140, as set forth below: 

PART 3140—COMBINED 

HYDROCARBON LEASING 

■ 1. Amend part 3140 by revising the 

part heading to read as follows: 

PART 3140—LEASING IN SPECIAL 

TAR SAND AREAS 

■ 2–3.The authority citation for part 

3140 is revised to read as follows: 

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 

351–359; 95 Stat. 1070; 43 U.S.C. 1701 et 

seq.; the Energy Policy Act of 2005 (Pub. L. 

109–58), unless otherwise noted. 

Subpart 3140—Conversion of Existing 

Oil and Gas Leases and Valid Claims 

Based on Mineral Locations 

■ 4. Remove the authority citation for 

subpart 3140. 

■ 5. Amend § 3140.0–5 by revising 

paragraph (b) to read as follows: 

§ 3140.0–5 Definitions. 

* * * * * 

(b) A complete plan of operations 

means a plan of operations that is in 

substantial compliance with the 

information requirements of 43 CFR 

3592 for both exploration plans and 

mining plans, as well as any additional 

information required in this part and 

under 43 CFR 3593, as may be 

appropriate. 

* * * * * 

■ 6. Amend § 3140.1–4 by revising 

paragraph (a) to read as follows: 

§ 3140.1–4 Other provisions. 

(a) A combined hydrocarbon lease 

shall be for no more than 5,760 acres. 

Acreage held under a combined 

hydrocarbon lease in a Special Tar Sand 

Area is not chargeable to State oil and 

gas limitations allowable in § 3101.2 of 

this title. 

* * * * * 

■ 7. Amend § 3140.4–2 by revising 

paragraphs (b) and (d)(2) to read as 

follows: 

§ 3140.4–2 Issuance of the combined 

hydrocarbon lease. 

* * * * * 

(b) The authorized officer shall not 

sign the combined hydrocarbon lease 

until it has been executed by the 

conversion applicant and the lease or 

claim to be converted has been formally 

relinquished to the United States. 

* * * * * 

(d) * * * 

(2) To the extent necessary to promote 

the development of the resource, the 

authorized officer may issue, upon the 

request of the applicant, one combined 

hydrocarbon lease that does not exceed 

5,760 acres, which shall be as nearly 

compact as possible, to cover noncontiguous oil and gas leases or valid 

claims which have been approved for 

conversion. 

Subpart 3141—Competitive Leasing in 

Special Tar Sand Areas 

■ 8. Revise the subpart heading for 

subpart 3141 to read as follows: 

Subpart 3141—Leasing in Special Tar 

Sand Areas 

■ 9. Remove the authority citation for 

subpart 3141. 

■ 10. Revise § 3141.0–1 to read as 

follows: 

§ 3141.0–1 Purpose. 

The purpose of this subpart is to 

provide for the competitive leasing of 

lands and issuance of Combined 

Hydrocarbon Leases, Oil and Gas 

Leases, or Tar Sand Leases within 

special tar sand areas. 

Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 58615 

■ 11. Revise § 3141.0–3 to read as 

follows: 

§ 3141.0–3 Authority. 

The regulations in this subpart are 

issued under the authority of the 

Mineral Leasing Act of February 25, 

1920 (30 U.S.C. 181 et seq.), the Mineral 

Leasing Act for Acquired Lands (30 

U.S.C. 351 et seq.), the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1701 et seq.), the Combined 

Hydrocarbon Leasing Act of 1981 (95 

Stat. 1070), and the Energy Policy Act 

of 2005 (Pub. L. 109–58). 

■ 12. Amend § 3141.0–5 by 

redesignating paragraphs (b) and (c) as 

paragraphs (d) and (e), respectively, and 

adding new paragraphs (b) and (c) to 

read as follows: 

§ 3141.0–5 Definitions. 

* * * * * 

(b) For purposes of this subpart, ‘‘oil 

and gas lease’’ means a lease issued in 

a Special Tar Sand Area for the 

exploration and development of oil and 

gas resources except for tar sand. 

(c) Tar sand lease means a lease 

issued in a Special Tar Sand area 

exclusively for the exploration for and 

extraction of tar sand. 

* * * * * 

■ 13. Amend § 3141.0–8 by: 

■ A. Revising the section heading; 

■ B. Redesignating paragraphs (a), (a)(1), 

(a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), 

(a)(8), (a)(9), and (a)(10) as paragraphs 

(a)(1), (a)(1)(i), (a)(1)(ii), (a)(1)(iii), 

(a)(1)(iv), (a)(1)(v), (a)(1)(vi), (a)(1)(vii), 

(a)(1)(viii), (a)(1)(ix), and (a)(1)(x), 

respectively; 

■ C. Redesignating paragraphs (b) and 

(c) as paragraphs (a)(2) and (a)(3), 

respectively; 

■ D. Adding new paragraph (a) 

introductory text; 

■ E. Revising newly redesignated 

paragraph (a)(3); and 

■ F. Adding new paragraphs (b), and (c), 

to read as follows: 

§ 3141.0–8 Other Applicable Regulations. 

(a) Combined hydrocarbon leases. 

* * * * * 

(3) The provisions of 43 CFR part 

3180 shall serve as general guidance to 

the administration of combined 

hydrocarbon leases issued under this 

part to the extent they may be included 

in unit or cooperative agreements. 

(b) Oil and gas leases. (1) All of the 

provisions of parts 3100, 3110, and 3120 

of this title apply to the issuance and 

administration of oil and gas leases 

issued under this part. 

(2) All of the provisions of part 3160 

apply to operations on an oil and gas 

lease issued under this part. 

(3) The provisions of 43 CFR part 

3180 apply to the administration of oil 

and gas leases issued under this part. 

(c) Tar sand leases. (1) The following 

provisions of part 3100 of this title, as 

they relate to competitive leasing, apply 

to the issuance of tar sand leases issued 

under this part. 

(i) All of subpart 3102; 

(ii) All of subpart 3103 with the 

exception of sections 3103.2–1, 3103.2–

2(d), and 3103.3; 

(iii) All of section 3120.4; and 

(iv) All of section 3120.5. 

(2) Prior to commencement of 

operations, the lessee shall develop a 

plan of operations as described in 43 

CFR 3592.1 which ensures reasonable 

protection of the environment. 

■ 14. Amend § 3141.1 by: 

■ A. Revising paragraph (a); 

■ B. Redesignating paragraphs (b) and 

(c) as paragraphs (h) and (i), 

respectively; 

■ C. Adding new paragraphs (b), (c), (d), 

(e), (f), and (g); and 

■ D. Revising newly redesignated 

paragraph (h) to read as follows: 

§ 3141.1 General. 

(a) Combined hydrocarbons or tar 

sands within a Special Tar Sand Area 

shall be leased only by competitive 

bonus bidding. 

(b) Oil and gas within a Special Tar 

Sand Area shall be leased by 

competitive bonus bidding as described 

in 43 CFR part 3120 or if no qualifying 

bid is received during the competitive 

bidding process, the area offered for 

competitive lease may be leased 

noncompetitively as described in 43 

CFR part 3110. 

(c) The authorized officer may issue 

either combined hydrocarbon leases, or 

oil and gas leases for oil and gas within 

such areas. 

(d) The rights to explore for or 

develop tar sand deposits in a Special 

Tar Sand Area may be acquired through 

either a combined hydrocarbon lease or 

a tar sand lease. 

(e) An oil and gas lease in a Special 

Tar Sand Area does not include the 

rights to explore for or develop tar sand. 

(f) A tar sand lease in a Special Tar 

Sand Area does not include the rights to 

explore for or develop oil and gas. 

(g) The minimum acceptable bid for a 

lease issued for tar sand shall be $2 per 

acre. 

(h) The acreage of combined 

hydrocarbon leases or tar sand leases 

held within a Special Tar Sand Area 

shall not be charged against acreage 

limitations for the holding of oil and gas 

leases as provided in section 3101.2–1 

of this title. 

* * * * * 

■ 15. Amend § 3141.2–2 by revising 

paragraph (b)(5) to read as follows: 

§ 3141.2–2 Exploration licenses. 

* * * * * 

(b) * * * 

(5) An application shall cover no 

more than 5,760 acres, which shall be as 

compact as possible. The authorized 

officer may grant an exploration license 

covering more than 5,760 acres only if 

the application contains a justification 

for an exception to the normal 

limitation. 

* * * * * 

■ 16. Amend § 3141.4–2 by revising 

paragraph (b) to read as follows. 

§ 3141.4–2 Consultation with others. 

* * * * * 

(b) The issuance of combined 

hydrocarbon leases, oil and gas leases, 

and tar sand leases within special tar 

sand areas in units of the National Park 

System shall be allowed only where 

mineral leasing is permitted by law and 

where the lands are open to mineral 

resource disposition in accordance with 

any applicable Minerals Management 

Plan. In order to consent to any issuance 

of a combined hydrocarbon lease, oil 

and gas lease, tar sand lease, or 

subsequent development of 

hydrocarbon resources within a unit of 

National Park System, the Regional 

Director of the National Park Service 

shall find that there will be no resulting 

significant adverse impacts to the 

resources and administration of the unit 

or other contiguous units of the National 

Park System in accordance with 

§ 3109.2 (b) of this title. 

■ 17. Revise § 3141.5–1 to read as 

follows: 

§ 3141.5–1 Economic evaluation. 

Prior to any lease sale for a combined 

hydrocarbon lease, the authorized 

officer shall request an economic 

evaluation of the total hydrocarbon 

resource on each proposed lease tract 

exclusive of coal, oil shale, or gilsonite. 

■ 18. Revise § 3141.5–2 to read as 

follows: 

§ 3141.5–2 Term of lease. 

(a) Combined hydrocarbon leases or 

oil and gas leases shall have a primary 

term of 10 years and shall remain in 

effect so long thereafter as oil or gas is 

produced in paying quantities. 

(b) Tar Sand leases shall have a 

primary term of 10 years and shall 

remain in effect so long thereafter as tar 

sand is produced in paying quantities. 

■ 19. Amend § 3141.5–3 by revising 

paragraph (a), redesignating paragraph 

(d) as (e), and adding new paragraph (d), 

to read as follows. 

58616 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 

§ 3141.5–3 Royalties and rentals. 

(a) The royalty rate on all combined 

hydrocarbon leases or tar sand leases is 

121⁄2 percent of the value of production 

removed or sold from a lease. The 

Minerals Management Service shall be 

responsible for collecting and 

administering royalties. 

* * * * * 

(d) The rental rate for a tar sand lease 

shall be $1.50 per acre for the first 5 

years and $2.00 per acre for each year 

thereafter. 

* * * * * 

■ 20. Revise § 3141.5–4 to read as 

follows: 

§ 3141.5–4 Lease size. 

Combined hydrocarbon leases or tar 

sand leases in Special Tar Sand Areas 

shall not exceed 5,760 acres. 

■ 21. Revise § 3141.6–2 to read as 

follows: 

§ 3141.6–2 Publication of a notice of 

competitive lease offering. 

(a) Combined Hydrocarbon Leases. 

Where a determination to offer lands for 

competitive leasing is made, a notice 

shall be published of the lease sale in 

the Federal Register and a newspaper of 

general circulation in the area in which 

the lands to be leased are located. The 

publication shall appear once in the 

Federal Register and at least once a 

week for 3 consecutive weeks in a 

newspaper, or for other such periods 

deemed necessary. The notice shall 

specify the time and place of sale; the 

manner in which the bids may be 

submitted; the description of the lands; 

the terms and conditions of the lease, 

including the royalty and rental rates; 

the amount of the minimum bid; and 

shall state that the terms and conditions 

of the leases are available for inspection 

and designate the proper BLM office 

where bid forms may be obtained. 

(b) Tar Sand Leases or Oil and Gas 

Leases. At least 45 days prior to 

conducting a competitive auction, lands 

to be offered for a competitive lease sale 

shall be posted in the proper BLM office 

having jurisdiction over the lands as 

specified in § 1821.2–1(d) of this title, 

and shall be made available for posting 

to surface managing agencies having 

jurisdiction over any of the included 

lands. 

■ 22. Amend § 3141.6–3 by 

redesignating paragraphs (a) through (f) 

as paragraphs (a)(1) through (a)(6), 

respectively; and by adding new 

paragraphs (a) introducing text, (b), and 

(c) to read as follows: 

§ 3141.6–3 Conduct of sales. 

(a) Combined Hydrocarbon Leases. 

* * * * * 

(b) Oil and Gas Leases. Lease sales for 

oil and gas leases will be conducted 

using the procedures for oil and gas 

leases in § 3120.5 of this title. 

(c) Tar Sand Leases. (1) Parcels shall 

be offered by oral bidding. 

(2) The winning bid shall be the 

highest oral bid by a qualified bidder, 

equal to or exceeding $2.00 per acre. 

(3) Payments shall be made as 

provided in § 3120.5–2 of this title. 

■ 23. Amend § 3141.6–5 by revising the 

section heading to read as follows: 

§ 3141.6–5 Fair market value for combined 

hydrocarbon leases. 

Subpart 3142—Paying Quantities/ 

Diligent Development 

■ 24. Revise the heading of subpart 3142 

to read as follows: 

Subpart 3142—Paying Quantities/ 

Diligent Development for Combined 

Hydrocarbon Leases 

■ 25. Amend § 3142.0–5 by revising 

paragraph (a) to read as follows: 

§ 3142.0–5 Definitions. 

* * * * * 

(a) Production, in compliance with an 

approved plan of operations and by 

nonconventional methods, of oil and gas 

which can be marketed; or 

* * * * * 

[FR Doc. 05–20150 Filed 10–6–05; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 303 

[Docket No. FMCSA–2002–13248] 

RIN 2126–AA79 

Title VI Regulations for Federal Motor 

Carrier Safety Administration Financial 

Assistance Recipients 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA adopts as final its 

interim regulations at 49 CFR part 303 

governing civil rights matters, consistent 

with the savings provision of section 

106(b) of the Motor Carrier Safety 

Improvement Act of 1999. As with the 

interim rule, this final rule clarifies and 

modifies the applicability of certain 

Federal Highway Administration 

(FHWA) and Departmental umbrella 

Title VI provisions of the Civil Rights 

Act of 1964, and related 

nondiscrimination statutes, as they 

apply to FMCSA Federal financial 

assistance recipients. Part 303 was 

created to provide FMCSA with initial 

guidelines and procedures, as well as 

future FMCSA Title VI implementing 

regulations and any future guidelines on 

Title VI compliance. FMCSA removed 

itself from the FHWA Title VI 

regulations in 23 CFR part 200 to avoid 

confusion, while not altering the 

substantive Title VI obligations of 

FMCSA and its grantees. FMCSA 

remains subject to the Departmental 

umbrella Title VI regulations in 49 CFR 

part 21 and will develop as needed 

further guidelines and procedures to 

assure effective and consistent 

implementation for financially assisted 

recipients. We have not made any 

changes to the interim rules in part 303, 

and we adopt the interim regulations as 

final without change. 

DATES: This Final Rule is effective on 

November 7, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carmen Sevier, Office of Civil Rights 

(MC–CR), DOT Federal Motor Carrier 

Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590; 

telephone (202) 366–4330, or e-mail 

Carmen.Sevier@fmcsa.dot.gov. Office 

hours are from 7:45 a.m. to 4:15 p.m. 

e.t., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Where Can You Get Copies of This 

Final Rule? 

You may download this document 

from http://www.archives.gov/_federal 

register by clicking on today’s Federal 

Register; from the Department of 

Transportation’s electronic docket at the 

URL address: http://dms.dot.gov, 

identified by docket FMCSA–2002– 

13248 and key in the last five digits of 

this docket number; or you can contact 

the person listed under FOR FURTHER

INFORMATION CONTACT to request a copy. 

Background 

The Motor Carrier Safety 

Improvement Act of 1999 (MCSIA) (Pub. 

L. No. 105–159, 113 Stat. 1748, 

December 9, 1999), created the Federal 

Motor Carrier Safety Administration 

(FMCSA) and transferred to FMCSA 

certain motor carrier safety and related 

responsibilities. Prior to MCSIA, the 

powers and authorities transferred to 

the FMCSA had been exercised by 

various entities within the Department. 

FMCSA consequently was charged with