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. 

61892 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order (E.O.) 12866) 

This document is not a significant 

rule as determined by the Office of 

Management and Budget (OMB) and is 

not subject to review under E.O. 12866. 

(1) This rule will not have an annual 

effect of $100 million or more on the 

economy. It will not adversely affect in 

a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities. This rule waives for a 

limited time certain fees previously 

established based on cost recovery 

principles. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency because the costs 

incurred are for specific MMS services 

and other agencies are not involved in 

these aspects of the OCS program. 

(3) This rule will not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. This 

change will have no effect on the rights 

of the recipients of entitlements, grants, 

user fees, or loan programs. The fees 

waived by this rule are service fees 

based on cost recovery, and not user 

fees. 

(4) This rule will not raise novel legal 

or policy issues. 

Regulatory Flexibility Act (RFA) 

MMS certifies that this rule will not 

have a significant economic effect on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This change will affect lessees and 

operators of leases in the OCS. This 

includes about 130 Federal oil and gas 

lessees and 115 holders of pipeline 

rights-of-way. Small lessees that operate 

under this rule will fall under the Small 

Business Administration’s (SBA) North 

American Industry Classification 

System Codes (NAICS) 211111, Crude 

Petroleum and Natural Gas Extraction 

and 213111, Drilling Oil and Gas Wells. 

For these NAICS code classifications, a 

small company is one with fewer than 

500 employees. Based on these criteria, 

an estimated 70 percent of these 

companies are considered small. This 

rule, therefore, affects a substantial 

number of small entities. 

This rule will not materially affect 

entitlements, grants, user fees, loan 

programs, or the rights and obligations 

of their recipients. MMS is simply 

waiving certain service-based fees, not 

increasing them. The total estimated fee 

revenue MMS would waive until 

January 3, 2006 is between $400,000 

and $500,000. 

Comments are important. The SBA 

Regulatory Enforcement Ombudsman 

and 10 Regional Fairness Boards were 

established to receive comments from 

small business about federal agency 

enforcement actions. The Ombudsman 

will annually evaluate the enforcement 

activities and rate each agency’s 

responsiveness to small business. If you 

wish to comment on the actions of 

MMS, call 1–888–734–3247. You may 

comment to the SBA without fear of 

retaliation. Disciplinary action for 

retaliation by an MMS employee may 

include suspension or termination from 

employment with the DOI. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This is not a major rule under the 

SBREFA (5 U.S.C. 804(2)). This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Leasing on the U.S. OCS is limited to 

residents of the U.S. or companies 

incorporated in the U.S. This rule does 

not change that requirement. 

Unfunded Mandates Reform Act 

(UMRA) of 1995 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule will not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the UMRA (2 U.S.C. 1531 et 

seq.) is not required. This is because the 

rule will not affect State, local, or tribal 

governments, and the effect on the 

private sector is small. 

Takings Implication Assessment 

(Executive Order 12630) 

With respect to E.O. 12630, the rule 

will not have significant takings 

implications. A Takings Implication 

Assessment is not required. The 

rulemaking is not a governmental action 

capable of interfering with 

constitutionally protected property 

rights. 

Federalism (Executive Order 13132) 

With respect to E.O.13132, the rule 

will not have Federalism implications. 

It will not substantially and directly 

affect the relationship between the 

Federal and State governments. To the 

extent that State and local governments 

have a role in OCS activities, this 

change will not affect that role. 

Civil Justice Reform (Executive Order 

12988) 

With respect to E.O. 12988, the Office 

of the Solicitor has determined that this 

rule will not unduly burden the judicial 

system, and meets the requirements of 

Sections 3(a) and 3(b)(2) of the E.O. 

Paperwork Reduction Act (PRA) of 1995 

This rulemaking relates to 30 CFR 

part 250, subpart J and to 30 CFR part 

256, subpart J. The rulemaking affects 

the information collections for these 

regulations but will not change the 

approved burden hours, just the 

associated fees. Therefore, OMB has 

determined that there is no change in 

the information collection and that 

MMS does not need to make a formal 

submission by Form OMB 83–I for this 

rulemaking. 

OMB has approved the information 

collections for the affected regulations 

as 30 CFR part 250, subpart J, 1010–

0050 and 30 CFR part 256, subpart J, 

1010–0006. An agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

(NEPA) of 1969 

The MMS has determined that this 

rule is administrative and involves 

changes addressing fee requirements. 

Therefore, it is categorically excluded 

from environmental review under 

section 102(2)(C) of the NEPA, pursuant 

to 516 DM 2.3A and 516 DM 2, 

Appendix 1, Item 1.10. 

In addition, the rule does not meet 

any of the 10 criteria for exceptions to 

categorical exclusions listed in 516 DM 

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 

categories of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment and which have no such 

effect in procedures adopted by a 

Federal agency and therefore require 

neither an environmental assessment 

nor an environmental impact statement. 

Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 61893 

Effects on the Nation’s Energy Supply 

(Executive Order 13211) 

E.O. 13211 requires the agency to 

prepare a Statement of Energy Effects 

when it takes a regulatory action that is 

identified as a significant energy action. 

This rule is not a significant energy 

action, and therefore does not require a 

Statement of Energy Effects, because it: 

(1) Is not a significant regulatory 

action under E.O. 12866, 

(2) Is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy, and 

(3) Has not been designated by the 

Administrator of the OIRA, OMB, as a 

significant energy action. 

Consultation and Coordination With 

Indian Tribal Governments (Executive 

Order 13175) 

In accordance with E.O. 13175, this 

rule will not have tribal implications 

that impose substantial direct 

compliance costs on Indian tribal 

governments. 

Clarity of This Regulation 

E.O. 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) Is the description of the rule in the 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful in understanding 

the rule? What else can 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 e-mail the comments to this 

address: Exsec@ios.doi.gov. 

List of Subjects in 30 CFR Part 250 

Continental shelf, Environmental 

impact statements, Environmental 

protection, Government contracts, 

Investigations, Oil and gas exploration, 

Penalties, Pipelines, Public lands—

mineral resources, Public lands—rightof-way, Reporting and recordkeeping 

requirements, Sulphur. 

List of Subjects in 30 CFR Part 256 

Administrative practice and 

procedure, Continental shelf, 

Environmental protection, Government 

contracts, Intergovernmental relations, 

Oil and gas exploration, Public lands—

mineral resources, Public lands—rightsof-way, Reporting and recordkeeping 

requirements, Surety bonds. 

Dated: October 17, 2005. 

Chad Calvert, 

Acting Assistant Secretary—Land and 

Minerals Management. 

■ For the reasons explained in the 

preamble, MMS amends 30 CFR parts 

250 and 256 as follows: 

PART 250—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 250 

continues to read as follows: 

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

■ 2. Section 250.1015 is amended by 

adding a new paragraph (e) as follows: 

§ 250.1015 Applications for pipeline rightsof-way grants. 

* * * * * 

(e) Notwithstanding the provisions of 

paragraph (a) of this section, the 

requirements to pay filing fees under 

that paragraph are suspended until 

January 3, 2006. 

■ 3. Section 250.1018 is amended by 

adding a new paragraph (c) as follows: 

§ 250.1018 Assignment of pipeline right-ofway grants. 

* * * * * 

(c) Notwithstanding the provisions of 

paragraph (b) of this section, the 

requirement to pay a filing fee under 

that paragraph is suspended until 

January 3, 2006. 

PART 256—LEASING OF SULPHUR OR 

OIL AND GAS IN THE OUTER 

CONTINENTAL SHELF 

■ 4. The authority for part 256 

continues to read as follows: 

Authority: 43 U.S.C. 1331 et seq., 42 U.S.C. 

6213. 

■ 5. Section 256.64 is amended by 

adding a new paragraph (a)(9) as 

follows: 

* * * * * 

(a) * * * 

(9) Notwithstanding the provisions of 

paragraph (a)(8) of this section, the 

requirements to pay a filing fee in 

connection with any application for 

approval of any instrument of transfer 

and to pay a fee in connection with 

documents not required to be filed are 

suspended until January 3, 2006. 

* * * * * 

[FR Doc. 05–21281 Filed 10–26–05; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

RIN 1024—AC93 

Pictured Rocks National Lakeshore, 

Personal Watercraft Use 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule designates 

areas where personal watercraft (PWC) 

may be used in Pictured Rocks National 

Lakeshore, Michigan. This final rule 

implements the provisions of the 

National Park Service (NPS) general 

regulations authorizing parks to allow 

the use of PWC by promulgating a 

special regulation. The NPS 

Management Policies 2001 require 

individual parks to determine whether 

PWC use is appropriate for a specific 

park area based on an evaluation of that 

area’s enabling legislation, resources 

and values, other visitor uses, and 

overall management objectives. 

DATES: This rule is effective October 27, 

2005. 

ADDRESSES: Mail inquiries to 

Superintendent, Pictured Rocks 

National Lakeshore, N8391 Sand Point 

Road, P.O. Box 40, Munising, Michigan 

49862–0040. E-mail to 

PIRO@den.nps.gov. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Case, Regulations Program Manager, 

National Park Service, 1849 C Street, 

NW., Room 7241, Washington, DC 

20240. Phone: (202) 208–4206. E-mail: 

Jerry_Case@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Personal Watercraft Regulation 

On March 21, 2000, the National Park 

Service published a regulation (36 CFR 

3.24) on the management of personal 

watercraft (PWC) use within all units of 

the national park system (65 FR 15077). 

This regulation prohibits PWC use in all 

national park units unless the NPS 

determines that this type of water-based 

recreational activity is appropriate for 

the specific park unit based on the 

legislation establishing that park, the 

park’s resources and values, other 

visitor uses of the area, and overall