72648 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Proposed Rules 

§ 1.904(f)–2 Recapture of overall foreign 

losses. 

* * * * * 

(c) * * * (1) [The text of the proposed 

amendments to § 1.904(f)–2(c)(1) is the 

same as the text of § 1.904(f)–2T(c)(1) 

published elsewhere in this issue of the 

Federal Register.] 

* * * * * 

(5) * * * 

Example 4. [The text of the proposed 

amendments to § 1.904(f)–2(c)(5) Example 4. 

is the same as the text of § 1.904(f)–2T(c)(5) 

Example 4. published elsewhere in this issue 

of the Federal Register.] 

* * * * * 

Par. 5. Sections 1.904(f)–7 and 

1.904(f)–8 are added to read as follows: 

§ 1.904(f)–7 Separate limitation loss and 

the separate limitation loss account. 

[The text of proposed § 1.904(f)–7 is 

the same as the text of § 1.904(f)–7T(a) 

through (f) published elsewhere in this 

issue of the Federal Register.] 

§ 1.904(f)–8 Recapture of separate 

limitation loss accounts. 

[The text of proposed § 1.904(f)–8 is 

the same as the text of § 1.904(f)–8T(a) 

through (c) published elsewhere in this 

issue of the Federal Register.] 

Par. 6. Section 1.904(g)–0 is added to 

read as follows: 

§ 1.904(g)–0 Outline of regulation 

provisions. 

* * * * * 

§ 1.904(g)–1 Overall domestic loss and the 

overall domestic loss account. 

[The text of the entries for this section is 

the same as the text for § 1.904(g)–1T(a) 

through (f) in § 1.904(g)–0T published 

elsewhere in this issue of the Federal 

Register.] 

§ 1.904(g)–2 Recapture of overall domestic 

losses. 

[The text of the entries for this section is 

the same as the text for § 1.904(g)–2T(a) 

through (d) in § 1.904(g)–0T published 

elsewhere in this issue of the Federal 

Register.] 

§ 1.904(g)–3 Ordering rules for the 

allocation of net operating losses, net capital 

losses, U.S. source losses, and separate 

limitation losses, and for recapture of 

separate limitation losses, overall foreign 

losses, and overall domestic losses. 

[The text of the entries for this section is 

the same as the text for § 1.904(g)–3T(a) 

through (i) in § 1.904(g)–0T published 

elsewhere in this issue of the Federal 

Register.] 

Par. 7. Sections 1.904(g)–1, 1.904(g)–

2, and 1.904(g)–3 are added to read as 

follows: 

§ 1.904(g)–1 Overall domestic loss and the 

overall domestic loss account. 

[The text of proposed § 1.904(g)–1 is 

the same text of § 1.904(g)–1T(a) 

through (f) published elsewhere in this 

issue of the Federal Register.] 

§ 1.904(g)–2 Recapture of overall domestic 

losses. 

[The text of proposed § 1.904(g)–2 is 

the same text of § 1.904(g)–2T(a) 

through (d) published elsewhere in this 

issue of the Federal Register.] 

§ 1.904(g)–3 Ordering rules for the 

allocation of net operating losses, net 

capital losses, U.S. source losses, and 

separate limitation losses, and for recapture 

of separate limitation losses, overall foreign 

losses, and overall domestic losses. 

[The text of proposed § 1.904(g)–3 is 

the same text of § 1.904(g)–3T(a) 

through (i) published elsewhere in this 

issue of the Federal Register.] 

Par. 8. Section 1.1502–9 is revised to 

read as follows: 

§ 1.1502–9 Consolidated overall foreign 

losses and separate limitation losses. 

[The text of proposed § 1.1502–9 is 

the same as the text of § 1.1502–9T(a) 

through (e) published elsewhere in this 

issue of the Federal Register.] 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. E7–24896 Filed 12–20–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Parts 203, 250, 251, 256, 280, 

281, and 290 

[Docket ID: MMS–2007–OMM–0065] 

RIN 1010–AD43 

Electronic Payment of Fees for Outer 

Continental Shelf Activities 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Proposed rule. 

SUMMARY: The MMS proposes that all 

lessees, operators, permittees, and 

rights-of-way holders pay all fees for 

processing plans, applications, and 

permits electronically. The MMS 

believes this proposed rule would aid 

industry in payment processing, and 

reduce payment processing errors. This 

proposed rule would improve MMS 

processing efficiency and facilitate the 

correction of industry payment errors. 

The MMS would not accept checks, 

money orders, or cashier’s checks for 

payment of fees after the effective date 

of the final rule. 

DATES: Submit comments by February 

19, 2008. The MMS may not fully 

consider comments received after this 

date. 

ADDRESSES: You may submit comments 

on the rulemaking by any of the 

following methods. Please use the 

Regulation Identifier Number (RIN) 

1010–AD43 as an identifier in your 

message. See also Public Availability of 

Comments under Procedural Matters. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Select ‘‘Minerals 

Management Service’’ from the agency 

drop-down menu, then click ‘‘submit.’’

In the Docket ID column, select MMS–

2007–OMM–0065 to submit public 

comments and to view supporting and 

related materials available for this 

rulemaking. Information on using 

Regulations.gov, including instructions 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘User Tips’’

link. All comments submitted will be 

posted to the docket. 

• Mail or hand-carry comments to the 

Department of the Interior; Minerals 

Management Service; Attention: 

Regulations and Standards Branch 

(RSB); 381 Elden Street, MS–4024, 

Herndon, Virginia 20170–4817. Please 

reference ‘‘Electronic Payment of Fees 

for Outer Continental Shelf Activities, 

1010–AD43’’ in your comments and 

include your name and return address. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Malstrom, Petroleum Engineer, Offshore 

Minerals Management, Office of 

Offshore Regulatory Programs at (703) 

787–1751. 

SUPPLEMENTARY INFORMATION: 

Background 

This proposed rule would require a 

lessee, operator, pipeline right-of-way 

(ROW) holder, or permittee to submit 

payments for cost recovery service fees 

electronically. The idea for paying 

electronically is not a new concept and 

industry has been informed of MMS’s 

intentions to collect fees electronically 

in the Notice to Lessees (NTL) No. 

2006–N05 Payment Method for New 

and Existing Cost Recovery Fees. As 

stated in NTL No. 2006–N05, MMS 

prefers and strongly urges applicants to 

pay their fees using credit card or 

Automated Clearing House (ACH) 

payments through the Pay.Gov Web site. 

Launched in October 2000, Pay.Gov is a 

secure government-wide collection 

portal, developed to meet the U.S. 

Treasury’s commitment to process 

collections electronically using internet 

technologies. Pay.Gov has been 

developed to help Federal agencies meet 

the directives outlined in the 

Government Paperwork Elimination 


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Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Proposed Rules 72649 

Act, primarily the reduction of paper 

transactions through the utilization of 

electronic processing via the Internet. 

By using an electronic payment system, 

MMS and industry have an efficient 

method to aid in the payment process. 

The MMS has made Pay.Gov available 

for payment of cost recovery fees since 

early 2006 and accepted electronic 

Pay.Gov payments for all applications 

since September 2006. To show 

industry’s acceptance of electronic 

payments, currently more than 94 

percent of cost recovery fees are paid 

electronically through Pay.Gov. This 

proposed rule would require all fees to 

be paid electronically. The MMS is 

aware of a few companies not paying 

electronically, but MMS has determined 

that the costs to use Pay.Gov are 

negligible compared to that of operating 

on the Outer Continental Shelf (OCS). 

Electronic payment through Pay.Gov 

is more efficient and less prone to 

mistakes than check payments. 

Examples of check payment errors 

include incorrect date, incorrect 

payment amount, check sent to a 

different address than application, and 

closing an account shortly after the 

check is sent to MMS. Check payment 

errors can result in delay or lead to 

denial of an application or permit due 

to non-payment. To rectify a check 

payment error additional time and 

expense are required from industry, 

MMS, or both. If payment errors are 

made through Pay.Gov, the refund 

process is easier due to system records 

and controls. With 100% electronic 

payment, the internal MMS processes to 

secure, verify and deposit check 

payments can be eliminated. 

The MMS does not believe that this 

proposed rule would place an 

additional burden on industry. Industry 

has been advised by NTL No. 2006-N05 

and MMS staff about our future intent 

to require electronic payments. Most 

companies voluntarily pay 

electronically and have been satisfied 

with the functionality and performance 

of the Pay.Gov system. For the 

remaining companies that have opted 

not to pay electronically, the time 

between the publishing of the proposed 

and final rule would provide sufficient 

opportunity to implement internal 

processes to pay fees by ACH or credit 

card. 

The MMS intends to accept only 

Pay.Gov payments for cost recovery 

service fees. Checks, money orders, and 

cashier’s checks will no longer be 

accepted after the effective date of the 

final rule. If you process your 

applications through eWell, you are 

already directed to Pay.Gov in order to 

pay application fees online. 

Since MMS has accepted payments 

electronically, industry has provided 

verbal feedback to MMS requesting the 

availability of declining deposit 

accounts. The basic proposal, as an 

alternative to Pay.Gov, would permit a 

company conducting business on the 

OCS to deposit funds with MMS. The 

MMS would then draw down those 

funds as the company submits 

applications requiring fees. The 

company would be notified when its 

balance reached a trigger level and the 

company would replenish the account. 

Invoices would periodically be sent to 

the customer. 

The MMS does not have a financial 

system that can track, invoice, and 

manage declining deposit accounts. The 

existing bureau financial system cannot 

handle deferred revenue. Since we do 

not have system functionality, the 

declining deposit accounts would be 

tracked manually. A manual process 

would increase the cost for processing 

cost recovery payments, increase the 

potential for errors, and result in 

increased fees charged to industry. 

Therefore, MMS will not consider 

implementing declining deposit 

accounts. 

The MMS plans to adjust certain cost 

recovery fees according to inflation in 

the final rule. These fees have not been 

updated to include inflation since the 

Cost Recovery Final Rule published on 

July 19, 2006 (71 FR 40904). 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order (E.O.) 12866) 

This proposed rule 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 proposed rule would not have 

an effect of $100 million or more on the 

economy. It would 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 proposed rule would 

simply require all fees be paid 

electronically through Pay.Gov. 

(2) This proposed rule would not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. By 

requiring electronic payment through 

the Pay.Gov system, MMS is supporting 

the President’s Management Agenda of 

expanding electronic government or ‘‘E–

Government.’’

(3) This proposed rule would not alter 

the budgetary effects of entitlements, 

grants, user fees or loan programs, or the 

rights or obligations of their recipients. 

(4) This proposed rule would not raise 

novel legal or policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this proposed rule would 

not have a significant economic effect 

on a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

The changes proposed in the rule 

would affect lessees, operators of leases, 

pipeline right-of-way (ROW) holders in 

the OCS, and permittees. This could 

include about 130 active Federal oil and 

gas lessees, 88 pipeline ROW holders, 

and 10 geophysical companies. Small 

lessees that operate under this rule 

mostly 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. 

The changes proposed in the rule 

would not have a significant economic 

effect on a substantial number of small 

entities because Pay.Gov credit card or 

ACH payments do not increase the 

amount of money a company would pay 

in cost recovery fees. We do not expect 

any company to incur significant other 

costs because no special software or 

other equipment would be required to 

pay through Pay.Gov or ACH. We have 

no information that any company would 

incur any costs associated with 

accounting processes, changes in 

business procedures, or other 

compliance costs. 

Your comments are important. The 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and 10 Regional Fairness Boards were 

established to receive comments from 

small businesses about Federal agency 

enforcement actions. The Ombudsman 

will annually evaluate the enforcement 

activities and rate each agency’s 

responsiveness to small business. If you 

wish to comment on the actions of 

MMS, call 1–888–734–3247. You may 

comment to the Small Business 

Administration without fear of 

retaliation. Disciplinary action for 

retaliation by an MMS employee may 

include suspension or termination from 

employment with the DOI. 


pwalker on PROD1PC71 with PROPOSALS
72650 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Proposed Rules 

Small Business Regulatory Enforcement 

Fairness Act 

The proposed rule is not a major rule 

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

Business Regulatory Enforcement 

Fairness Act. This proposed rule: 

a. Would not have an annual effect on 

the economy of $100 million or more. 

b. Would not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Would 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. 

Unfunded Mandates Reform Act 

This proposed rule would not impose 

an unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

proposed rule would 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 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

Takings Implication Assessment (E.O. 

12630) 

Under the criteria in E.O. 12630, this 

proposed rule does not have significant 

takings implications. The proposed rule 

is not a governmental action capable of 

interference with constitutionally 

protected property rights. A takings 

implication assessment is not required. 

Federalism (E.O. 13132) 

Under the criteria in E.O. 13132, this 

proposed rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

This proposed rule would 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 proposed rule 

would not affect that role. A Federalism 

Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity, be written to minimize 

litigation, and promote simplification 

and burden reduction; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in E.O. 13175, we 

have evaluated this proposed rule and 

determined that it has no substantial 

direct effects on federally recognized 

Indian tribes. There are no Indian or 

tribal lands in the OCS. 

Paperwork Reduction Act 

The proposed rule contains no new 

reporting or recordkeeping 

requirements, and an OMB submission 

under the Paperwork Reduction Act 

(PRA) is not required. The PRA provides 

that an agency may not conduct or 

sponsor a collection of information 

unless it displays a currently valid OMB 

control number. Until OMB approves a 

collection of information and assigns a 

control number, you are not required to 

respond. The proposed regulations will 

specify that all operators, lessees, and 

ROW holders must now use Pay.Gov for 

every fee that will be submitted to 

MMS. The proposed revisions in this 

rulemaking refer to, but do not change, 

information collection requirements in 

numerous current regulations. The OMB 

approved the referenced information 

collection requirements under OMB 

Control Numbers 1010–0071, 1010–

0114, 1010–0151, 1010–0141, 1010–

0067, 1010–0043, 1010–0059, 1010–

0149, 1010–0050, 1010–0051, 1010–

0086, 1010–0142, 1010–0048, 1010–

0006, and 1010–0072, respectively. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. The 

MMS has analyzed this rule under the 

criteria of the National Environmental 

Policy Act and 516 Departmental 

Manual 2, Appendix 1.10. and 

determined that it falls within the 

categorical exclusion for ‘‘regulations 

* * * that are of an administrative, 

financial, legal, technical, or procedural 

nature and whose environmental effects 

are too broad, speculative, or conjectural 

to lend themselves to meaningful 

analysis.’’ The MMS completed a 

Categorical Exclusion Review for this 

action and concluded that the 

rulemaking does not represent an 

exception to the established criteria for 

categorical exclusion; therefore, 

preparation of an environmental 

analysis or environmental impact 

statement will not be required. 

Data Quality Act 

In developing this rule we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554, app. 

C Section 515, 114 Stat. 2763, 2763A–

153–154). 

Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. A Statement of Energy Effects is 

not required. 

Clarity of this Regulation 

We are required by E.O. 12866, E.O. 

12988, and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that you find 

unclear, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment’including your 

personal identifying information’may be 

made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 

30 CFR Part 203 

Continental shelf, Mineral royalties, 

Oil and gas exploration, Public lands—

mineral resources. 

30 CFR Part 250 

Administrative practice and 

procedure, Continental shelf, Pipelines, 

Public lands—mineral resources, Public 

lands—rights-of-way, Reporting and 

recordkeeping requirements. 


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Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Proposed Rules 72651 

30 CFR Part 251 

Continental shelf, Public lands—

mineral resources, Reporting and 

recordkeeping requirements. 

30 CFR Part 256 

Administrative practice and 

procedure, Public lands—mineral 

resources, Public lands—rights-of-way, 

Reporting and recordkeeping 

requirements. 

30 CFR Part 280 

Public lands—mineral resources, 

Reporting and recordkeeping 

requirements. 

30 CFR Part 281 

Administrative practice and 

procedure, Mineral royalties, Public 

lands—mineral resources, Reporting 

and recordkeeping requirements. 

30 CFR Part 290 

Administrative practice and 

procedure. 

Dated: December 10, 2007. 

C. Stephen Allred, 

Assistant Secretary—Land and Minerals 

Management. 

For the reasons stated in the 

preamble, the Minerals Management 

Service (MMS) proposes to amend 30 

CFR parts 203, 250, 251, 256, 280, 281, 

and 290 as follows: 

PART 203—RELIEF OR REDUCTION IN 

ROYALTY RATES 

1. The authority citation for part 203 

is revised to read as follows: 

Authority: 25 U.S.C. 396; 25 U.S.C. 2107; 

30 U.S.C. 189, 241; 30 U.S.C. 359; 30 U.S.C. 

1023; 30 U.S.C. 1751; 31 U.S.C. 9701; and 43 

U.S.C. 1334. 

2. Section 203.3 is revised to read as 

follows: 

§ 203.3 Do I have to pay a fee to request 

royalty relief? 

When you submit an application or 

ask for a preview assessment, you must 

include a fee to reimburse us for our 

costs of processing your application or 

assessment. Federal policy and law 

require us to recover the cost of services 

that confer special benefits to 

identifiable non-Federal recipients. The 

Independent Offices Appropriation Act 

(31 U.S.C. 9701), Office of Management 

and Budget Circular A’25, and the 

Omnibus Appropriations Bill (Pub. L. 

104’134, 110 Stat. 1321, April 26, 1996) 

authorize us to collect these fees. 

(a) We will specify the necessary fees 

for each of the types of royalty relief 

applications and possible MMS audits 

in a Notice to Lessees. We will 

periodically update the fees to reflect 

changes in costs, as well as provide 

other information necessary to 

administer royalty relief. 

(b) You must file all payments 

electronically through the Pay.Gov Web 

site and you must include a copy of the 

Pay.Gov confirmation receipt page with 

your application or assessment. The 

Pay.Gov Web site may be accessed 

through links on the MMS Offshore Web 

site at: http://www.mms.gov/offshore/ 

homepage or directly through Pay.Gov 

at: https://www.pay.gov/paygov/. 

PART 250—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

3. The authority citation for part 250 

is revised to read as follows: 

Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 

4. Section 250.126 is revised to read 

as follows: 

§ 250.126 Electronic payment instructions. 

You must file all payments 

electronically through Pay.Gov. This 

includes, but is not limited to, all OCS 

applications or filing fee payments. The 

Pay.Gov Web site may be accessed 

through links on the MMS Offshore Web 

site at: http://www.mms.gov/offshore/ 

homepage or directly through Pay.Gov 

at: https://www.pay.gov/paygov/. 

(a) Payment of fees associated with 

electronic applications. If you submitted 

an application through eWell, you must 

use the interactive payment feature in 

that system which directs you through 

Pay.Gov. 

(b) Payment of fees for applications 

not submitted electronically. For 

applications not submitted 

electronically through eWell, you must 

use credit card or automated clearing 

house (ACH) payments through the 

Pay.Gov Web site and you must include 

a copy of the Pay.Gov confirmation 

receipt page with your application. 

5. Section 250.160(h) is revised to 

read as follows: 

§ 250.160 When will MMS grant me a rightof-use and easement, and what 

requirements must I meet? 

* * * * * 

(h) You may make the rental 

payments required by paragraph (g)(1) 

and (g)(2) of this section on an annual 

basis, for a 5-year period, or for 

multiples of 5 years. You must make the 

first payment electronically through 

Pay.Gov and you must include a copy 

of the Pay.Gov confirmation receipt 

page with your right-of-use and 

easement application. You must make 

all subsequent payments electronically 

through Pay.Gov before the respective 

time periods begin. 

* * * * * 

PART 251—GEOLOGICAL AND 

GEOPHYSICAL (G&G) EXPLORATIONS 

OF THE OUTER CONTINENTAL SHELF 

6. The authority citation for part 251 

is revised to read as follows: 

Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 

7. Section 251.5(a) is revised to read 

as follows: 

§ 251.5 Applying for permits or filing 

Notices. 

(a) Permits. You must submit a signed 

original and three copies of the MMS 

permit application form (Form MMS—

327). The form includes names of 

persons, type, location, purpose, dates 

of activity, and environmental and other 

information. A nonrefundable service 

fee of $1,900 must be paid electronically 

through Pay.Gov at: https:// 

www.pay.gov/paygov/, and you must 

include a copy of the Pay.Gov 

confirmation receipt page with your 

application. 

* * * * * 

PART 256—LEASING OF SULPHUR OR 

OIL AND GAS IN THE OUTER 

CONTINENTAL SHELF 

8. The authority citation for part 256 

is revised to read as follows: 

Authority: 31 U.S.C. 9701, 42 U.S.C. 6213, 

43 U.S.C. 1334. 

9. Section 256.64(a)(8) is revised to 

read as follows: 

§ 256.64 How to file transfers. 

* * * * * 

(a) * * * 

(8) You must pay electronically 

through Pay.Gov at: https:// 

www.pay.gov/paygov/ the service fee 

listed in § 256.63 of this subpart and 

you must include a copy of the Pay.Gov 

confirmation receipt page with your 

application for approval of any 

instrument of transfer you are required 

to file (Record Title/Operating Rights 

(Transfer) Fee). Where multiple 

transfers of interest are included in a 

single instrument, a separate fee applies 

to each individual transfer of interest. 

For any document you are not required 

to file by these regulations but which 

you submit for record purposes, you 

must also pay electronically through 

Pay.Gov the service fee listed in 

§ 256.63 (Non-required Document Filing 

Fee) per lease affected, and you must 

include a copy of the Pay.Gov 

confirmation receipt page with your 

document. Such documents may be 


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rejected at the discretion of the 

authorized officer. 

* * * * * 

PART 280—PROSPECTING FOR 

MINERALS OTHER THAN OIL, GAS, 

AND SULPHUR ON THE OUTER 

CONTINENTAL SHELF 

10. The authority citation for part 280 

is revised to read as follows: 

Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. 

11. Section 280.12(a) is revised to 

read as follows: 

§ 280.12 What must I include in my 

application or notification? 

(a) Permits. You must submit to the 

Regional Director a signed original and 

three copies of the permit application 

form (Form MMS–134) at least 30 days 

before the startup date for activities in 

the permit area. If unusual 

circumstances prevent you from 

meeting this deadline, you must 

immediately contact the Regional 

Director to arrange an acceptable 

deadline. The form includes names of 

persons, type, location, purpose, and 

dates of activity, as well as 

environmental and other information. A 

nonrefundable service fee of $1,900 

must be paid electronically through 

Pay.Gov at: https://www.pay.gov/ 

paygov/, and you must include a copy 

of the Pay.Gov confirmation receipt 

page with your application. 

* * * * * 

PART 281—LEASING OF MINERALS 

OTHER THAN OIL, GAS, AND 

SULPHUR IN THE OUTER 

CONTINENTAL SHELF 

12. The authority citation for part 281 

is revised to read as follows: 

Authority: 43 U.S.C. 1334. 

13. Section 281.41(a)(2) is revised to 

read as follows: 

§ 281.41 Requirements for filing for 

transfers. 

(a) * * * 

(2) An application for approval of any 

instrument required to be filed shall not 

be accepted unless a nonrefundable fee 

of $50 is paid electronically through 

Pay.Gov at: https://www.pay.gov/ 

paygov/ and a copy of the Pay.Gov 

confirmation receipt page is included 

with your application. For any 

document you are not required to file by 

these regulations but which you submit 

for record purposes, you must also pay 

electronically through Pay.Gov the 

service fee listed in § 256.63 (Nonrequired Document Filing Fee) per lease 

affected, and you must include a copy 

of the Pay.Gov confirmation receipt 

page with your document. Such 

documents may be rejected at the 

discretion of the authorized officer. 

* * * * * 

PART 290—APPEAL PROCEDURES 

14. The authority citation for part 290 

continues to read as follows: 

Authority: 5 U.S.C. 301; 25 U.S.C. 396, 

2107; 30 U.S.C. 189, 359, 1023, 1701 et seq., 

1751(a); 31 U.S.C. 3716, 9701; and 43 U.S.C. 

1334. 

15. Section 290.4(b) is revised to read 

as follows: 

§ 290.4 How do I file an appeal? 

* * * * * 

(b) A nonrefundable processing fee of 

$150.00 paid with the Notice of Appeal. 

(1) You must pay electronically 

through Pay.Gov at: https:// 

www.pay.gov/paygov/, and you must 

include a copy of the Pay.Gov 

confirmation receipt page with your 

Notice of Appeal. 

(2) You cannot extend the 60-day 

period for payment of the processing 

fee. 

[FR Doc. 07–6173 Filed 12–20–07; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Parts 203 and 260 

RIN 1010–AD29 

[Docket ID: MMS–2007–OMM–0074] 

Royalty Relief for Deepwater Outer 

Continental Shelf (OCS) Oil and Gas 

Leases—Conforming Regulations to 

Court Decision 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend 30 CFR parts 260 and 203 to 

conform the regulations to the decision 

of the United States Court of Appeals for 

the Fifth Circuit in Santa Fe Snyder 

Corp., et al. v. Norton (the Decision). 

That decision found that certain 

provisions of the MMS regulations 

interpreting section 304 of the Deep 

Water Royalty Relief Act are contrary to 

the requirements of the statute. 

DATES: Submit comments by February 

19, 2008. The MMS may not fully 

consider comments received after this 

date. 

ADDRESSES: You may submit comments 

on the proposed rulemaking by any of 

the following methods. Please use the 

Regulation Identifier Number (RIN) 

1010–AD29 as an identifier in your 

message. See also Public Availability of 

Comments under Procedural Matters. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Select ‘‘Minerals 

Management Service’’ from the agency 

drop-down menu, then click ‘‘submit.’’

In the Docket ID column, select MMS–

2007–OMM–0074 to submit public 

comments and to view supporting and 

related materials available for this 

rulemaking. Information on using 

Regulations.gov, including instructions 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘User Tips’’

link. The MMS will post all comments. 

• Mail or hand-carry comments to the 

Department of the Interior; Minerals 

Management Service; Attention: 

Regulations and Standards Branch 

(RSB); 381 Elden Street, MS–4024; 

Herndon, Virginia 20170–4817. Please 

reference ‘‘Royalty Relief for Deepwater 

OCS Oil and Gas Leases—Conforming 

Regulations to Court Decision, 1010–

AD29’’ in your comments and include 

your name and return address. 

FOR FURTHER INFORMATION CONTACT: 

Marshall Rose, Chief, Economics 

Division, at (703) 787–1536. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 28, 1995, President 

Clinton signed Public Law 104–58, 

which included the Deep Water Royalty 

Relief Act (Act). The Act was designed 

to encourage development of new 

supplies of energy. It included 

incentives to promote investment in a 

particularly high-cost, high-risk area, 

the deep waters of the Gulf of Mexico. 

These deep Gulf of Mexico waters were 

viewed as having potential for large oil 

and gas discoveries, but technological 

advances and multi-billion dollar 

investments would be needed to realize 

that potential. Since the enactment of 

the incentive, the deep waters of the 

Gulf of Mexico have become one of the 

most important sources of domestic oil 

and gas production. 

The Secretary was required to 

suspend royalties for certain volumes of 

production on all leases in more than 

200 meters of water in the central and 

western Gulf of Mexico issued in the 

first 5 years following enactment of the 

Act. These royalty suspension volumes 

(RSVs) (i.e., specified volumes of 

royalty-free production) ranged from 

17.5 million to 87.5 million barrels of 

oil equivalent, depending on water 

depth. The royalty suspension incentive 


pwalker on PROD1PC71 with PROPOSALS