61888 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 

(b) The approved information 

collection requirements contained in 

this part appear in §§ 50.30, 50.33, 

50.34, 50.34a, 50.35, 50.36, 50.36a, 

50.36b, 50.44, 50.46, 50.47, 50.48, 50.49, 

50.54, 50.55, 50.55a, 50.59, 50.60, 50.61, 

50.62, 50.63, 50.64, 50.65, 50.66, 50.68, 

50.69, 50.70, 50.71, 50.72, 50.74, 50.75, 

50.80, 50.82, 50.90, 50.91, 50.120, and 

appendices A, B, E, G, H, I, J, K, M, N,O, 

Q, R, and S to this part. 

* * * * * 

§ 50.33a [Removed] 

■ 9. Section 50.33a is removed. 

■ 10. Section 50.80 paragraph (b) is 

revised to read as follows: 

§ 50.80 Transfer of licenses. 

* * * * * 

(b) An application for transfer of a 

license shall include as much of the 

information described in §§ 50.33 and 

50.34 of this part with respect to the 

identity and technical and financial 

qualifications of the proposed transferee 

as would be required by those sections 

if the application were for an initial 

license. The Commission may require 

additional information such as data 

respecting proposed safeguards against 

hazards from radioactive materials and 

the applicant’s qualifications to protect 

against such hazards. The application 

shall include also a statement of the 

purposes for which the transfer of the 

license is requested, the nature of the 

transaction necessitating or making 

desirable the transfer of the license, and 

an agreement to limit access to 

Restricted Data pursuant to § 50.37. The 

Commission may require any person 

who submits an application for license 

pursuant to the provisions of this 

section to file a written consent from the 

existing licensee or a certified copy of 

an order or judgment of a court of 

competent jurisdiction attesting to the 

person’s right (subject to the licensing 

requirements of the Act and these 

regulations) to possession of the facility 

involved. 

* * * * * 

Appendix L to Part 50—[Removed and 

Reserved] 

■ 11. Appendix L to part 50 is removed 

and reserved. 

■ 12. In Appendix N to part 50, 

paragraph 2, is revised to read as 

follows: 

Appendix N to Part 50— 

Standardization of Nuclear Power Plant 

Designs; Licenses To Construct and 

Operate Nuclear Power Reactors of 

Duplicate Design at Multiple Sites 

* * * * * 

2. Applications for construction permits 

submitted pursuant to this appendix must 

include the information required by §§ 50.33, 

50.34(a) and 50.34a(a) and (b) and be 

submitted as specified in § 50.4. The 

applicant shall also submit the information 

required by § 51.50 of this chapter. 

* * * * * 

PART 52—EARLY SITE PERMITS; 

STANDARD DESIGN 

CERTIFICATIONS; AND COMBINED 

LICENSES FOR NUCLEAR POWER 

PLANTS 

■ 13. The authority citation for part 52 

continues to read as follows: 

Authority: Sec. 161, 68 Stat. 948, as 

amended, sec. 274, 73 Stat. 688 (42 U.S.C. 

2201, 2021); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note). Sections 

150.3, 150.15, 150.15a, 150.31, 150.32 also 

issued under secs. 11e(2), 81, 68 Stat. 923, 

935, as amended, secs. 83, 84, 92 Stat. 3033, 

3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). 

Section 150.14 also issued under sec. 53, 68 

Stat. 930, as amended (42 U.S.C. 2073). 

Section 150.15 also issued under secs. 135, 

141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 

U.S.C. 10155, 10161). Section 150.17a also 

issued under sec. 122, 68 Stat. 939 (42 U.S.C. 

2152). Section 150.30 also issued under sec. 

234, 83 Stat. 444 (42 U.S.C. 2282). 

■ 14. Section 52.77 is revised to read as 

follows: 

§ 52.77 Contents of applications; general 

information. 

The application must contain all of 

the information required by 10 CFR 

50.33, as that section would apply to 

applicants for construction permits and 

operating licenses. 

PART 140—FINANCIAL PROTECTION 

REQUIREMENTS AND INDEMNITY 

AGREEMENTS 

■ 15. The authority citation for part 140 

is revised to read as follows: 

Authority: Secs. 161, 170, 68 Stat. 948, 71 

Stat. 576 as amended (42 U.S.C. 2201, 2210); 

secs. 201, as amended, 202, 88 Stat. 1242, as 

amended, 1244 (42 U.S.C. 5841, 5842); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

Pub. L. 109–58. 

■ 16. In § 140.11, paragraph (a)(4) is 

revised to read as follows: 

§ 140.11 Amounts of financial protection 

for certain reactors. 

(a) * * * 

(4) In an amount equal to the sum of 

$300,000,000 and the amount available 

as secondary financial protection (in the 

form of private liability insurance 

available under an industry 

retrospective rating plan providing for 

deferred premium charges equal to the 

pro rata share of the aggregate public 

liability claims and costs, excluding 

costs payment of which is not 

authorized by section 170o.(1)(D) of the 

Act, in excess of that covered by 

primary financial protection) for each 

nuclear reactor which is licensed to 

operate and which is designed for the 

production of electrical energy and has 

a rated capacity of 100,000 electrical 

kilowatts or more: Provided, however, 

that under such a plan for deferred 

premium charges for each nuclear 

reactor which is licensed to operate, no 

more than $95,800,000 with respect to 

any nuclear incident (plus any 

surcharge assessed under subsection 

170o.(1)(E) of the Act) and no more than 

$15,000,000 per incident within one 

calendar year shall be charged. Except 

that, where a person is authorized to 

operate a combination of 2 or more 

nuclear reactors located at a single site, 

each of which has a rated capacity of 

100,000 or more electrical kilowatts but 

not more than 300,000 electrical 

kilowatts with a combined rated 

capacity of not more than 1,300,000 

electrical kilowatts, each such 

combination of reactors shall be 

considered to be a single nuclear reactor 

for the sole purpose of assessing the 

applicable financial protection required 

under this section. 

* * * * * 

Dated at Rockville, Maryland this 11th day 

of October, 2005. 

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations. 

[FR Doc. 05–21342 Filed 10–26–05; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2004–19630; Amendment 

No. 61–109] 

RIN 2120–AI38 

Second-in-Command Pilot Type Rating 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: We are correcting errors in a 

final rule published in the Federal 

Register on August 4, 2005. That final 

rule revised pilot certification 

regulations by establishing a second-incommand (SIC) pilot type rating and 

associated qualifying procedures. We 

are also correcting cross references and 

other minor errors in the pre-existing 

Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 61889 

regulations that were inadvertently 

carried over. 

DATES: These corrections are effective 

September 6, 2005. 

FOR FURTHER INFORMATION CONTACT: John 

D. Lynch, Certification and General 

Aviation Operations Branch, AFS–840, 

General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3844 or via the Internet at: 

john.d.lynch@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 4, 2005, the FAA amended 

its regulations to provide for issuance of 

a pilot type rating for SIC privileges 

when a person completes the SIC pilot 

familiarization training set forth under 

14 CFR 61.55(b), an FAA-approved SIC 

training curriculum under 14 CFR parts 

121 or 135, or a proficiency check under 

14 CFR part 125. See 70 FR 45263. The 

amendments adopted on August 4, 

2005, are based on a notice of proposed 

rulemaking (NPRM) published in the 

Federal Register on November 16, 2004. 

See 69 FR 67258. 

The amendments require pilots acting 

as second in command and who plan to 

fly outside U.S. domestic airspace and 

land in foreign countries to obtain the 

SIC pilot type rating. The amendments 

also established two procedures for 

obtaining the SIC pilot type rating. The 

effective date of the amendments is 

September 6, 2005. The effective date is 

the date the amendments affect the 

current Code of Federal Regulations. 

On September 9, 2005, the FAA 

published a final rule establishing a 

compliance date for the SIC pilot type 

rating final rule. See 70 FR 53560. The 

compliance date is June 6, 2006. A 

compliance date, in contrast to an 

effective date, is the date that those 

affected by the rule must begin to follow 

it. Thus, pilots acting as a second in 

command and who will be flying 

outside U.S. domestic airspace and 

landing in a foreign country must hold 

the appropriate SIC pilot type rating no 

later than June 6, 2006. 

Neither the effective date, nor the 

compliance date, of the final rule are 

affected by these corrections. These 

corrections are effective as if they had 

been included in the final rule. 

Accordingly, these corrections have the 

same effective date as the final rule, 

September 6, 2005. 

Description of Corrections 

As described below, the FAA is 

making non-substantive corrections to 

the SIC pilot type rating final rule. 

14 CFR 61.55(a) 

We are deleting the introductory 

phrase ‘‘Except as provided in 

paragraph (f) of this section.’’ That 

phrase erroneously excludes pilots 

employed by operators that conduct 

operations under subpart K of part 91, 

parts 121, 125, or 135 from the 

requirement to hold a SIC pilot type 

rating. In the preamble of the final rule, 

we did not exclude pilots conducting 

operations under subpart K of part 91, 

parts 121, 125, or 135 from the 

requirement to hold the SIC pilot type 

rating when operating an aircraft 

outside U.S. domestic airspace that 

takeoffs or lands in a foreign country. 

The entire purpose for the amendments 

under 14 CFR 61.55 was to conform U.S. 

pilot type rating requirements to the 

International Civil Aviation 

Organization’s (ICAO) pilot type ratings 

standards (See ICAO Annex 1, 

paragraphs 2.1.3.2 and 2.1.4.1.A). This 

change conforms the regulatory 

language to the preamble discussion. 

14 CFR 61.55(a)(2) 

We are adding the words ‘‘or 

privilege’’ to acknowledge that those 

who hold an airline transport pilot 

certificate where instrument privileges 

are inferred also may qualify for the SIC 

pilot type rating. This action corrects an 

error in the pre-existing rule that was 

inadvertently carried over into the final 

rule adopted on August 4, 2005. 

14 CFR 61.55(b) 

We are correcting an erroneous cross 

reference in the introductory language 

of this paragraph to read ‘‘Except as 

provided in paragraph (e) of this 

section.’’ By adding the SIC pilot type 

rating requirements while retaining 

some of the original language, the 

August 4, 2005, final rule 

unintentionally created an exception. 

Pilots who have satisfactorily completed 

a proficiency check or competency 

check under subpart K of part 91, parts 

121, 125, or 135 do not have to complete 

the familiarization training of paragraph 

(b). 

14 CFR 61.55(b)(2) 

We are deleting the cross reference in 

the introductory language because it is 

unnecessary. 

14 CFR 61.55(d) and (e) 

We are adding the phrase ‘‘provided 

the training was completed within the 

12 calendar months before the month of 

application for the SIC pilot type rating’’

to both paragraphs (d) and (e). This will 

conform the regulatory text to the 

preamble discussion in the August 4, 

2005, final rule. In the preamble to the 

final rule, we provided examples 

illustrating that completion of the 

required training had to occur within 

the 12 calendar months before the 

month of application for the SIC pilot 

type rating. This was clearly the intent 

of the final rule, yet the corresponding 

regulatory language was inadvertently 

omitted from the regulatory text. 

14 CFR 61.55(f) 

We are amending the introductory 

language of this paragraph to exempt 

certain pilots from the familiarization 

training requirements of 14 CFR 

61.55(b). This action corrects an error in 

pre-existing 14 CFR 61.55(d) that was 

inadvertently carried over into the 

August 4, 2005, final rule. 

Pilots employed by operators that 

conduct operations under subpart K of 

part 91 and parts 121, 125, or 135 do not 

have to complete the SIC familiarization 

training described under paragraph (b) 

of this section. Instead, pilots that are 

employed by operators that conduct 

operations under subpart K of part 91 

and parts 121, 125, or 135 must comply 

with the requirements of paragraph (e) 

of this section to qualify for a SIC pilot 

type rating. 

14 CFR 61.55(i) 

We are deleting the introductory 

phrase ‘‘Except as provided in 

paragraph (h) of this section.’’ This 

action corrects an error in pre-existing 

14 CFR 61.55(g) that was inadvertently 

carried over into the August 4, 2005, 

final rule, which redesignated paragraph 

(g) as paragraph (i). 

We are adding the phrase ‘‘The 

training required under paragraphs (b) 

and (d) of this section and the training 

and proficiency check required under 

paragraph (e) of this section.’’ This 

clarifies that a flight simulator may be 

used in an approved training course 

conducted by a training center 

certificated under part 142 of this 

chapter or for the training and 

proficiency check under parts 121 or 

135 of this chapter. This is a nonsubstantive correction because parts 121 

and 135 already allow the use of a flight 

simulator in an approved training 

course and for the required proficiency/ 

competency check. 

14 CFR 61.55(j) 

We are deleting the phrase ‘‘who is 

qualifying under the terms of paragraph 

(g) of this section’’ because it is 

61890 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 

unnecessary. We also made editorial 

changes for the purpose of clarity. 

Under our rules in effect before we 

adopted the August 4, 2005, final rule, 

certain pilots who received SIC training 

in an approved flight simulator did not 

have to complete at least one takeoff and 

landing in an aircraft of the type for 

which they were seeking the SIC 

qualification. See pre-existing 14 CFR 

61.55(d). The August 4, 2005, final rule 

eliminated the exception. This had the 

unintentional effect of requiring the 

previously exempt simulator trainees to 

complete an actual takeoff and landing. 

This is a significant new requirement—

one that we could not undertake 

without giving the public adequate 

notice and opportunity to comment. 

Thus, this correction adds a sentence to 

paragraph (j) of § 61.55 to re-establish 

the pre-existing exception. Pilots who 

complete a proficiency check under part 

121 (i.e., § 121.441) or competency 

check under subpart K, part 91 (i.e., 

§ 91.1065), part 125 (i.e., § 125.287), or 

part 135 (i.e., § 135.293) do not have to 

complete a takeoff and landing in an 

aircraft of the type for which they seek 

the SIC qualification. 

Good Cause for Foregoing Public Notice 

and Comment 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before a rule takes effect. This 

is to comply with section 553(b) of the 

Administrative Procedure Act (5 U.S.C. 

553(b)). However, we can waive the 

public notice and comment procedure if 

we find, for good cause, that the notice 

and comment process is impracticable, 

unnecessary, or contrary to the public 

interest. We must provide a statement of 

the finding and the reasons for it. 

The SIC pilot type rating requirements 

under the August 4, 2005, final rule 

were subject to notice and comment 

procedures. This correction notice 

makes changes to conform the 

regulatory text to the requirements 

described in the preamble of the August 

4, 2005, final rule. This correction 

notice also changes incorrect references 

and corrects errors in the pre-existing 

regulations that were inadvertently 

carried over. This correction notice is 

intended to ensure that the August 4, 

2005, final rule accurately reflects the 

SIC pilot type rating requirements. 

Therefore, we find it unnecessary to 

undertake further notice and comment 

procedures with respect to this 

correction notice. 

Good Cause for Waiving the 30-Day 

Delay in Effective Date 

We ordinarily provide a 30-day delay 

in the effective date of a final rule after 

the date of publication in the Federal 

Register. This is to comply with section 

553(d) of the Administrative Procedure 

Act (5 U.S.C. 553(d)). However, we can 

waive the 30-day delay if we find, for 

good cause, that the delay is 

impracticable, unnecessary, or contrary 

to the public interest. We must provide 

a statement of the finding and the 

reasons for it. 

We find that it is in the public interest 

to ensure that the August 4, 2005, final 

rule accurately reflects the SIC pilot 

type rating requirements. A delay in the 

effective date of these corrections would 

be contrary to the public interest. We 

also find that it is in the public interest 

to apply the changes in the correction 

notice retroactively to September 6, 

2005, the effective date of the August 4, 

2005, final rule. There is a limited 

amount of time available for affected 

pilots to comply with the final rule. The 

compliance date is June 6, 2006. Any 

further delay in the effective date of 

these changes would reduce the amount 

of time available. 

List of Subjects in 14 CFR Part 61 

Aircraft, Airmen, Aviation safety, and 

Reporting and recordkeeping 

requirements. 

The Amendment 

■ For the reasons stated above, the 

Federal Aviation Administration 

amends Chapter I of Title 14 of the Code 

of Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701–

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 2. Amend § 61.55 as follows: 

■ a. Revise the introductory language of 

paragraph (a) as set forth below; 

■ b. Revise paragraph (a)(2) as set forth 

below; 

■ c. Revise the introductory language of 

paragraph (b) as set forth below; 

■ d. Revise the introductory language of 

paragraph (b)(2) as set forth below; 

■ e. Revise the introductory language of 

paragraph (d) as set forth below; 

■ f. Revise the introductory language of 

paragraph (e) as set forth below; 

■ g. Revise the introductory language of 

paragraph (f) as set forth below; 

■ h. Revise paragraph (i) as set forth 

below; and 

■ i. Revise paragraph (j) as set forth 

below: 

§ 61.55 Second-in-command 

qualifications. 

(a) A person may serve as a secondin-command of an aircraft type 

certificated for more than one required 

pilot flight crewmember or in operations 

requiring a second-in-command pilot 

flight crewmember only if that person 

holds: 

* * * * * 

(2) An instrument rating or privilege 

that applies to the aircraft being flown 

if the flight is under IFR; and 

* * * * * 

(b) Except as provided in paragraph 

(e) of this section, no person may serve 

as a second-in-command of an aircraft 

type certificated for more than one 

required pilot flight crewmember or in 

operations requiring a second-incommand unless that person has within 

the previous 12 calendar months: 

* * * * * 

(2) Except as provided in paragraph 

(g) of this section, performed and logged 

pilot time in the type of aircraft or in a 

flight simulator that represents the type 

of aircraft for which second-incommand privileges are requested, 

which includes—

* * * * * 

(d) A person may receive a second-incommand pilot type rating for an 

aircraft after satisfactorily completing 

the second-in-command familiarization 

training requirements under paragraph 

(b) of this section in that type of aircraft 

provided the training was completed 

within the 12 calendar months before 

the month of application for the SIC 

pilot type rating. The person must 

comply with the following application 

and pilot certification procedures: 

* * * * * 

(e) A person may receive a second-incommand pilot type rating for the type 

of aircraft after satisfactorily completing 

an approved second-in-command 

training program, proficiency check, or 

competency check under subpart K of 

part 91, part 121, part 125, or part 135, 

as appropriate, in that type of aircraft 

provided the training was completed 

within the 12 calendar months before 

the month of application for the SIC 

pilot type rating. The person must 

comply with the following application 

and pilot certification procedures: 

* * * * * 

(f) The familiarization training 

requirements of paragraph (b) of this 

section do not apply to a person who is: 

* * * * * 

(i) The training under paragraphs (b) 

and (d) of this section and the training, 

Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 61891 

proficiency check, and competency 

check under paragraph (e) of this 

section may be accomplished in a flight 

simulator that is used in accordance 

with an approved training course 

conducted by a training center 

certificated under part 142 of this 

chapter or under subpart K of part 91, 

part 121 or part 135 of this chapter. 

(j) When an applicant for an initial 

second-in-command qualification for a 

particular type of aircraft receives all the 

training in a flight simulator, that 

applicant must satisfactorily complete 

one takeoff and one landing in an 

aircraft of the same type for which the 

qualification is sought. This 

requirement does not apply to an 

applicant who completes a proficiency 

check under part 121 or competency 

check under subpart K, part 91, part 

125, or part 135 for the particular type 

of aircraft. 

Issued in Washington, DC, on October 21, 

2005. 

Rebecca B. MacPherson, 

Assistant Chief Counsel, Regulations 

Division, Office of the Chief Counsel. 

[FR Doc. 05–21463 Filed 10–26–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Parts 250 and 256 

RIN 1010–AD27 

Oil, Gas, and Sulphur Operations and 

Leasing in the Outer Continental Shelf 

(OCS)—Waiver of Fees 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule; waiver of fees. 

SUMMARY: In light of the interruption of 

operations of the MMS Gulf of Mexico 

Region (GOMR) in the wake of 

Hurricanes Katrina and Rita, this rule 

waives until January 3, 2006, the 

payment of certain existing cost 

recovery fees that would be paid to 

MMS. 

EFFECTIVE DATE: This regulation is 

effective on October 27, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Angela Mazzullo, Offshore Minerals 

Management (OMM) Budget Office at 

(703) 787–1691. 

SUPPLEMENTARY INFORMATION: 

Background 

MMS regulations currently charge 

cost recovery fees to lessees of Federal 

offshore oil and gas leases to offset the 

bureau’s operating costs for specific 

administrative services provided to a 

particular lessee. These include pipeline 

right-of-way (ROW) grant applications, 

conversion of lease term pipelines to 

ROW pipelines, pipeline ROW 

assignments, record title/operating 

rights transfers, and filing of nonrequired documents. 

Under current rules, these fees are 

established at the following rates under 

the following regulations: 

Pipeline ROW grant application ............................................................................................................. $2,350 30 CFR 250.1015(a). 

Conversion of lease term pipeline to ROW pipeline ............................................................................ 300 30 CFR 250.1015(a). 

Pipeline ROW assignment ....................................................................................................................... 60 30 CFR 250.1018(b). 

Record title/operating rights transfer ..................................................................................................... 185 30 CFR 256.64(a)(8). 

Non-required document filing ................................................................................................................ 25 30 CFR 256.64(a)(8). 

On August 29, 2005, Hurricane 

Katrina came ashore on the Gulf of 

Mexico coast. The resultant flood of the 

City of New Orleans, Louisiana, forced 

the evacuation of the city and areas in 

the immediate vicinity. The evacuation 

area included MMS’ GOMR office in 

Metairie, Louisiana. MMS has not been 

able to re-occupy the GOMR office and 

will not be able to do so for some time. 

While MMS GOMR personnel have 

resumed certain essential operations 

and services at a new temporary 

location in Houston, Texas, it is not 

possible to restore all functions and 

systems in that location in the 

immediate future. In addition, many 

MMS employees in the GOMR office 

have suffered severe property loss and 

personal and family dislocation, and 

will not be able to return to work 

immediately. When Hurricane Rita 

struck the Louisiana/Texas coast in 

September 2005, it further exacerbated 

these problems. 

Among the operations that have been 

disrupted as a result of the hurricanes 

and the closure of the GOMR office in 

Metairie, is the collection and 

disposition of, and proper accounting 

for, cost recovery fees, including the 

fees identified above. Because very few 

of the documents identified are filed in 

either MMS’ Pacific Region office or 

MMS’ Alaska Region office, the 

computers that handle these payments 

are integrated with the GOMR office 

computers. Consequently MMS is 

temporarily unable to process payments 

that would be made to those offices. 

Immediate Final Rule 

Because the MMS presently cannot 

receive or handle cost recovery fee 

payments from lessees until it is able to 

restore or replace that part of its 

operations, MMS is suspending the 

operation of the provisions identified 

above until January 3, 2006. 

The Administrative Procedure Act, at 

5 U.S.C. 553(b), requires an agency to 

publish a proposed rule and seek public 

comment before promulgating a final 

rule, except 

(B) when the agency for good cause finds 

(and incorporates the finding and a brief 

statement of reasons therefor in the rules 

issued) that notice and public procedure 

thereon are impracticable, unnecessary, or 

contrary to the public interest. 

Under this provision, MMS for good 

cause finds that notice and public 

comment on this rulemaking is 

impracticable, unnecessary, and 

contrary to the public interest. The 

GOMR office’s current situation cannot 

be changed or affected through public 

comment, and the need to suspend the 

operation of the cost recovery 

provisions is immediate. 

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 to 

suspend the operation of the cost 

recovery provisions is immediate and 

arises in much less than 30 days. MMS 

operations would be unnecessarily 

hindered if MMS were not to make this 

rule effective immediately. Therefore, 

MMS for good cause finds that this rule 

should take effect immediately. 

If the GOMR office is not able to 

restore normal operations by January 3, 

2006, MMS may consider extending the 

suspension of the cost recovery 

provisions.