Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49943 

(HFZ–215), 1350 Piccard Dr., Rockville, 

MD 20857; for devices regulated by the 

Center for Biologics Evaluation and 

Research, addressed to the Document 

Control Center (HFM–99), Center for 

Biologics Evaluation and Research, 

Food and Drug Administration, 1401 

Rockville Pike, suite 200N, Rockville, 

MD 20852–1448; for devices regulated 

by the Center for Drug Evaluation and 

Research, addressed to the Central 

Document Control Room, Center for 

Drug Evaluation and Research, Food 

and Drug Administration, 5901–B 

Ammendale Rd., Beltsville, MD 20705–

1266, as applicable. 

* * * * * 

Dated: August 18, 2008. 

Jeffrey Shuren, 

Associate Commissioner for Policy and 

Planning. 

[FR Doc. E8–19654 Filed 8–22–08; 8:45 am] 

BILLING CODE 4160–01–S 

PEACE CORPS 

22 CFR Part 304 

RIN 0420–AA23 

Claims Against the Government Under 

the Federal Tort Claims Act 

AGENCY: Peace Corps. 

ACTION: Final rule. 

SUMMARY: The Peace Corps is revising 

its regulation concerning claims filed 

under the Federal Tort Claims Act, to 

make the regulation internally 

consistent with another provision 

stating that the Chief Financial Officer 

has authority to approve claims for 

amounts under $5000. 

DATES: The final rule is effective 

September 24, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Nancy G. Miller, Associate General 

Counsel, Office of the General Counsel, 

202–692–2150. 

SUPPLEMENTARY INFORMATION: The Peace 

Corps published a proposed rule on July 

9, 2008, for public review and comment. 

See 73 FR 39270, (July 9, 2008). The 

Peace Corps received no public 

comments and the Agency has made no 

further revisions. Therefore, this rule is 

final and will be effective on the date 

stated above. 

On March 16, 2007, Peace Corps 

revised 22 CFR 304.7 to provide that the 

Chief Financial Officer ‘‘has the 

authority to adjust, determine, 

compromise, and settle claims for less 

than $5,000.’’ This final rule will rectify 

an omission in sec. 304.10 which did 

not refer to the Chief Financial Officer’s 

authority for deciding claims worth less 

than $5,000. 

This rule amends section 304.10(b) to 

provide that the Chief Financial Officer 

will make final determinations for 

claims worth less than $5,000. 

Executive Order 12866 

This regulation has been determined 

to be non-significant within the 

meaning of Executive Order 12866. 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

This regulatory action will not have a 

significant adverse impact on a 

substantial number of small entities. 

Unfunded Mandates Act of 1995 (Sec. 

202, Pub. L. 104–4) 

This regulatory action does not 

contain a Federal mandate that will 

result in the expenditure by state, local, 

and tribal governments, in aggregate, or 

by the private sector of $100 million or 

more in any one year. 

Paperwork Reduction Act of 1995 (44 

U.S.C., Chapter 35) 

This regulatory action will not impose 

any additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

Federalism (Executive Order 13132) 

This regulatory action does not have 

Federalism implications, as set forth in 

Executive Order 13132. It will not have 

substantial direct effects 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. 

List of Subjects in 22 CFR Part 304 

Claims. 

■ Accordingly, Peace Corps amends 22 

CFR part 304 as follows: 

PART 304—CLAIMS AGAINST THE 

GOVERNMENT UNDER THE FEDERAL 

TORT CLAIMS ACT 

■ 1. The authority citation for part 304 

continues to read as follows: 

Authority: 28 U.S.C. 2672; 22 U.S.C. 

2503(b); E.O. 12137, as amended. 

■ 2. Amend § 304.10 by revising 

paragraph (b) to read as follows: 

§ 304.10 Review of claim. 

* * * * * 

(b) After legal review and 

recommendation by the General 

Counsel, the Director of the Peace Corps 

will make a written determination on 

the claim, unless the claim is worth less 

than $5,000, in which case the Chief 

Financial Officer will make the written 

determination. 

Dated: August 18, 2008. 

Tyler Posey, 

General Counsel. 

[FR Doc. E8–19642 Filed 8–22–08; 8:45 am] 

BILLING CODE 6015–01–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: Final rule. 

SUMMARY: This final rule requires that 

all lessees, operators, permittees, and 

right-of-way holders pay all fees for 

processing plans, applications, and 

permits electronically. This rule will aid 

industry in payment processing and 

reduce payment processing errors. This 

rule will improve MMS processing 

efficiency and facilitate the correction of 

industry payment errors. The MMS will 

not accept checks, money orders, or 

cashier’s checks for payment of fees 

after the effective date of this final rule. 

The final rule also adjusts certain cost 

recovery fees for inflation. 

DATES: Effective Date: This rule becomes 

effective on September 24, 2008. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Malstrom, Office of Offshore Regulatory 

Programs, Regulations and Standards 

Branch, (703) 787–1751. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMS published a proposed rule 

on December 21, 2007 (72 FR 72648), 

that would require all lessees, operators, 

pipeline right-of-way (ROW) holders, 

and permittees to submit payments for 

cost recovery service fees electronically. 

The comment period for the proposed 

rule closed February 19, 2008, and 

Chevron submitted the one and only 

comment on the proposed rule. The 

commenter supports the concept of 

submitting fees electronically through 

Pay.gov. The commenter stated 

concerns about only using Pay.gov and 

provided rule language to allow 

alternatives for a different payment 

portal if so needed. The MMS believes 

Pay.gov to be the best option for paying 


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electronically. Pay.gov is the U.S. 

Treasury’s government-wide collection 

portal which was developed specifically 

for Federal agencies to process 

collections electronically using Internet 

technologies. 

The MMS proposed the rulemaking to 

improve the application and fee process 

and to alleviate industry payment errors 

associated with non-electronic 

payments. Most errors encountered are 

associated with 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. Rectifying a check 

payment error requires additional time 

and expense from industry, MMS, or 

both. Electronic payments are more 

efficient and less prone to mistakes than 

check payments. 

This final rule has the same 

requirements as the proposed rule, with 

the exception of updating the cost 

recovery fees for inflation as allowed by 

30 CFR 250.125(a). The proposed rule 

clearly states that the final rule will 

contain the updated fees. The following 

explains the methodology used to 

update the fees for inflation. 

There are two sets of fees that are 

adjusted. The first set of fees is from the 

2005 cost recovery rule published 

August 25, 2005 (70 FR 49871), and the 

second set of fees is from the 2006 cost 

recovery rule published July 19, 2006 

(71 FR 40904). The fees in the 2005 cost 

recovery rule have been adjusted with 

inflation rates from 2005–2007 as shown 

in the following formula: 

2005 Cost 

Recovery Fee 

Amount 

(Current Fee) 

+ 

2005 Annual 

Inflation Rate 

(AIR) of 

3.23% 

= Adjusted Fee 

for 2005 AIR + 2006 AIR of 3.16% = Adjusted Fee for 2006 AIR + 2007 AIR of 2.66% = 

2005 Cost 

Recovery Fee 

Adjusted for 

2007 AIR 

(Updated 

Fee) 

To update the 2005 cost recovery rule 

fees, we started with the 2005 fee 

amount and increased it by the 2005 

inflation rate of 3.23 percent. We then 

used that adjusted amount and 

increased it by the 2006 inflation rate of 

3.16 percent. Finally, we used that latest 

adjusted amount and increased it by the 

2007 inflation rate of 2.66 percent. The 

results were rounded to the nearest 

dollar and are part of the new fee 

amounts in this rule. The 2005 cost 

recovery rule fees increase by 

approximately 9 percent. 

The fees in the 2006 cost recovery 

rule are updated with inflation rates 

from 2006 and 2007 as shown in the 

following formula: 

2006 Cost Recovery 

Fee Amount 

(Current Fee) 

+ 

2006 Annual Inflation 

Rate 

(AIR) of 3.16% 

= Adjusted Fee for 2006 

AIR + 2007 AIR of 2.66% = 

2006 Cost Recovery 

Fee Adjusted for 2007 

AIR (Updated Fee) 

To update the 2006 cost recovery rule 

fees, we used the fee amount set in the 

2006 rule and increased it by the 2006 

inflation rate of 3.16 percent. We then 

used that adjusted rate and increased it 

by the 2007 inflation rate of 2.66 

percent. The results were rounded to the 

nearest dollar and are part of the new 

fee amounts in this rule. The 2006 cost 

recovery rule fees increase by 

approximately 6 percent. 

The inflation rates are calculated from 

the percent difference between the gross 

domestic product for one year and the 

previous year as contained in the 

Bureau of Economic Analysis (BEA) 

Table 1.1.9., Implicit Price Deflators for 

Gross Domestic Product. The 2007 

inflation rate of 2.66 percent is current 

as of the March 27, 2008, BEA table. We 

expect BEA to revise the rate during 

future updates and, as in the last few 

years, we expect revisions to be upward. 

Even if BEA revises the inflation rate, 

MMS will retain the published fee 

schedule until the next update or fee 

recalculation. The MMS also made a 

few minor additional changes to the 

proposed rule for clarity. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order (E.O.) 12866) 

This final rule is not a significant rule 

as defined by E.O. 12866 and is not 

subject to review under E.O. 12866. 

(1) This final 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 final rule will 

require all fees be paid electronically 

through Pay.gov and adjust certain cost 

recovery fees by inflation only. This 

rulemaking does slightly increase costs 

due to inflation of the cost recovery fees; 

however, the total annual increase in 

fees industry-wide is estimated at 

$800,000. No new equipment is 

required by this rulemaking. 

(2) This final rule will 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 ‘‘EGovernment.’’

(3) This final rule will not alter the 

budgetary effects of entitlements, grants, 

user fees or loan programs, or the rights 

or obligations of their recipients. 

(4) This final rule will not raise novel 

legal or policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this final rule will 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 in the rule will 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 (NAICS) 

Codes 211111, Crude Petroleum and 

Natural Gas Extraction, and 213111, 

Drilling Oil and Gas Wells. For these 

NAICS code classifications, a small 


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company is one with fewer than 500 

employees. Based on these criteria, an 

estimated 70 percent of these companies 

are considered small. 

A pipeline ROW holder (nonproducer) is a small entity if it is a 

liquid pipeline company with fewer 

than 1,500 employees, or a natural gas 

pipeline company with gross annual 

receipts of $6.5 million or less. We 

estimate that 18 entities could be 

categorized as small independent 

pipeline companies in the sense that 

they provide transportation services for 

several non-major oil or gas producers. 

These companies are classified by 

NAICS codes 486110, Pipeline 

Transportation of Crude Oil, and 

486210, Pipeline Transportation of 

Natural Gas. 

The SBA classifies geophysical 

surveying and mapping service 

companies under the NAICS Code 

541360. The criteria for determining a 

small entity for this classification code 

is annual receipts of less than $4.5 

million. All of the 10 geophysical 

companies potentially affected by this 

final rule have annual receipts greater 

than $4.5 million. 

There are 228 companies affected by 

this proposed rule, of which 109 would 

be considered small businesses. This 

rule, therefore, affects a substantial 

number of small entities. 

The changes in the rule will not have 

a significant economic effect on a 

substantial number of small entities. 

There is no credit card or automated 

clearing house (ACH) fee for using 

Pay.gov. We do not expect any company 

to incur significant other costs because 

no special software or other equipment 

is required to pay through Pay.gov or 

ACH. We have no information that any 

company will incur any costs associated 

with accounting processes, changes in 

business procedures, or other 

compliance costs. 

Also, the cost recovery fees are being 

updated with only a small percentage 

rate accounting for inflation only. In the 

fiscal year 2007, MMS collected 

approximately $12 million in cost 

recovery fees from industry. After a 

simple economic analysis, once the fees 

are adjusted for inflation there will only 

be an industry-wide estimated annual 

increase of $800,000. The increases in 

fees are negligible compared to the costs 

of operating on the OCS and will not 

stop a company of any size from 

operating on the OCS. 

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. 

Small Business Regulatory Enforcement 

Fairness Act 

The final rule is not a major rule 

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

Business Regulatory Enforcement 

Fairness Act. This final rule: 

a. Will 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. 

Unfunded Mandates Reform Act 

This final 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 

final 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 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 

rule does not have significant takings 

implications. The 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 

rule does not have federalism 

implications. This rule 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 rule will not 

affect that role. A Federalism 

Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

This final 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 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 rule contains no new reporting or 

recordkeeping requirements, and an 

Office of Management and Budget 

(OMB) submission under section 

3507(d) of the Paperwork Reduction Act 

(PRA 44 U.S.C. 3507(a)) 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 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 

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 final 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, 516 

Departmental Manual (DM) 2.3, and 516 

DM 2, Appendix 1, and determined that 

it falls within the categorical exclusion 

for ‘‘regulations * * * that are of an 

administrative, financial, legal, 

technical, or procedural nature.’’ The 

MMS Categorical Exclusion Review for 

this action concluded that the 

provisions of this rule are 

administrative. Furthermore, MMS 

concluded that the rulemaking does not 

involve an extraordinary circumstance 

set forth in 516 DM 2, Appendix 2. For 


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49946 Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 

these reasons, preparation of an 

environmental assessment or 

environmental impact statement is not 

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 § 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. 

List of Subjects 

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. 

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, Reporting and recordkeeping 

requirements. 

30 CFR Part 280 

Continental Shelf, Public lands—

mineral resources, Reporting and 

recordkeeping requirements. 

30 CFR Part 281 

Administrative practice and 

procedure, Continental shelf, Public 

lands—mineral resources, Reporting 

and recordkeeping requirements. 

30 CFR Part 290 

Administrative practice and 

procedure. 

Dated: August 8, 2008. 

C. Stephen Allred, 

Assistant Secretary—Land and Minerals 

Management. 

■ For the reasons stated in the preamble, 

the Minerals Management Service 

(MMS) amends 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. Revise § 203.3 and its heading 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 a link 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 

continues to read as follows: 

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

■ 4. Revise the table in § 250.125(a) to 

read as follows: 

§ 250.125 Service fees. 

(a) * * * 

SERVICE FEE TABLE

Service—processing of the following: Fee amount 30 CFR citation 

(1) Change in Designation of Operator ............................ $164 ................................................................................ § 250.143(d). 

(2) Right-of-Use and Easement for State lessee ............. $2,569 ............................................................................. § 250.165. 

(3) Suspension of Operations/Suspension of Production 

(SOO/SOP) Request.

$1,968 ............................................................................. § 250.171(e). 

(4) Exploration Plan (EP) .................................................. $3,442 for each surface location; no fee for revisions ... § 250.211(d). 

(5) Development and Production Plan (DPP) or Development Operations Coordination Document (DOCD).$3,971 for each well proposed; no fee for revisions ...... § 250.241(e). 

(6) Deepwater Operations Plan ........................................ $3,336 ............................................................................. § 250.292(p). 

(7) Conservation Information Document .......................... $25,629 ........................................................................... § 250.296(a). 


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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49947 

SERVICE FEE TABLE—Continued 

Service—processing of the following: Fee amount 30 CFR citation 

(8) Application for Permit to Drill (APD; Form MMS–123) $1,959 for initial applications only; no fee for revisions § 250.410(d); § 250.411; 

§ 250.460; § 250.513(b); 

§ 250.515; § 250.1605; 

§ 250.1617(a); 

§ 250.1622. 

(9) Application for Permit to Modify (APM; Form MMS–

124).

$116 ................................................................................ § 250.460; § 250.465(b); 

§ 250.513(b); § 250.515; 

§ 250.613(b); § 250.615; 

§ 250.1618(a); 

§ 250.1622; 

§ 250.1704(g). 

(10) New Facility Production Safety System Application 

for facility with more than 125 components.

$5,030 A component is a piece of equipment or ancillary system that is protected by one or more of the 

safety devices required by API RP 14C (incorporated 

by reference as specified in § 250.198); $13,238 additional fee will be charged if MMS deems it necessary to visit a facility offshore, and $6,884 to visit a 

facility in a shipyard.

§ 250.802(e). 

(11) New Facility Production Safety System Application 

for facility with 25–125 components.

$1,218 Additional fee of $8,313 will be charged if MMS 

deems it necessary to visit a facility offshore, and 

$4,766 to visit a facility in a shipyard.

§ 250.802(e). 

(12) New Facility Production Safety System Application 

for facility with fewer than 25 components.

$604 ................................................................................ § 250.802(e). 

(13) Production Safety System Application—Modification 

with more than 125 components reviewed.

$561 ................................................................................ § 250.802(e). 

(14) Production Safety System Application—Modification 

with 25–125 components reviewed.

$201 ................................................................................ § 250.802(e). 

(15) Production Safety System Application—Modification 

with fewer than 25 components reviewed.

$85 .................................................................................. § 250.802(e). 

(16) Platform Application—Installation—Under the Platform Verification Program.$21,075 ........................................................................... § 250.905(k). 

(17) Platform Application—Installation—Fixed Structure 

Under the Platform Approval Program.

$3,018 ............................................................................. § 250.905(k). 

(18) Platform Application—Installation—Caisson/Well 

Protector.

$1,536 ............................................................................. § 250.905(k). 

(19) Platform Application—Modification/Repair ................ $3,601 ............................................................................. § 250.905(k). 

(20) New Pipeline Application (Lease Term) .................... $3,283 ............................................................................. § 250.1000(b). 

(21) Pipeline Application—Modification (Lease Term) ..... $1,906 ............................................................................. § 250.1000(b). 

(22) Pipeline Application—Modification (ROW) ................ $3,865 ............................................................................. § 250.1000(b). 

(23) Pipeline Repair Notification ....................................... $360 ................................................................................ § 250.1008(e). 

(24) Pipeline Right-of-Way (ROW) Grant Application ...... $2,569 ............................................................................. § 250.1015(a). 

(25) Pipeline Conversion of Lease Term to ROW ........... $219 ................................................................................ § 250.1015(a). 

(26) Pipeline ROW Assignment ........................................ $186 ................................................................................ § 250.1018(b). 

(27) 500 Feet From Lease/Unit Line Production Request $3,608 ............................................................................. § 250.1101(f). 

(28) Gas Cap Production Request ................................... $4,592 ............................................................................. § 250.1101(f). 

(29) Downhole Commingling Request .............................. $5,357 ............................................................................. § 250.1106(d). 

(30) Complex Surface Commingling and Measurement 

Application.

$3,760 ............................................................................. § 250.1202(a); 

§ 250.1203(b); 

§ 250.1204(a). 

(31) Simple Surface Commingling and Measurement Application.$1,271 ............................................................................. § 250.1202(a); 

§ 250.1203(b); 

§ 250.1204(a). 

(32) Voluntary Unitization Proposal or Unit Expansion .... $11,698 ........................................................................... § 250.1303(d). 

(33) Unitization Revision ................................................... $831 ................................................................................ § 250.1303(d). 

(34) Application to Remove a Platform or Other Facility $4,342 ............................................................................. § 250.1727. 

(35) Application to Decommission a Pipeline (Lease 

Term).

$1,059 ............................................................................. § 250.1751(a) or 

§ 250.1752(a). 

(36) Application to Decommission a Pipeline (ROW) ...... $2,012 ............................................................................. § 250.1751(a) or 

§ 250.1752(a). 

* * * * * 

■ 5. Revise § 250.126 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 a link 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) If you submitted an application 

through eWell, you must use the 

interactive payment feature in that 

system, which directs you through 

Pay.gov. 

(b) 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. 


ebenthall on PRODPC60 with RULES
49948 Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 

■ 6. Revise § 250.160(h) 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 before the 

respective time periods begin. 

* * * * * 

PART 251—GEOLOGICAL AND 

GEOPHYSICAL (G&G) EXPLORATIONS 

OF THE OUTER CONTINENTAL SHELF 

■ 7. The authority citation for part 251 

is revised to read as follows: 

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

■ 8. Revise § 251.5(a) 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; the type, location, purpose, and 

dates of activity; and environmental and 

other information. A nonrefundable 

service fee of $2,012 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 

■ 9. 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. 

■ 10. Revise the table in § 256.63(a) to 

read as follows: 

(a) * * * 

SERVICE FEE TABLE

Service Fee amount 30 CFR 

citation 

(1) Record Title/Operating Rights (Transfer) ........................................................................................................... $186 § 256.64 

(2) Non-required Document Filing ........................................................................................................................... 27 § 256.64 

* * * * * 

■ 11. Revise § 256.64(a)(8) 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 rejected at the 

discretion of the authorized officer. 

* * * * * 

PART 280—PROSPECTING FOR 

MINERALS OTHER THAN OIL, GAS, 

AND SULPHUR ON THE OUTER 

CONTINENTAL SHELF 

■ 12. The authority citation for part 280 

is revised to read as follows: 

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

■ 13. Revise § 280.12(a) 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; the type, location, purpose, and 

dates of activity; and environmental and 

other information. A nonrefundable 

service fee of $2,012 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 

■ 14. The authority citation for part 281 

is revised to read as follows: 

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

■ 15. Revise § 281.41(a)(2) to read as 

follows: 

§ 281.41 Requirements for filing for 

transfers. 

(a) * * * 

(2) An application for approval of any 

instrument required to be filed will 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 a 

nonrefundable fee of $50 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 

■ 16. The authority citation for part 290 

is revised 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. 

■ 17. Revise § 290.4(b) to read as 

follows: 

§ 290.4 How do I file an appeal? 

* * * * * 

(b) A nonrefundable processing fee of 

$150 paid with the Notice of Appeal. 


ebenthall on PRODPC60 with RULES
Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49949 

(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. E8–19373 Filed 8–22–08; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0257; FRL–8707–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determination of 

Attainment of Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

Harrisburg-Lebanon-Carlisle, 

Pennsylvania nonattainment area for the 

1997 fine particle (PM2.5) National 

Ambient Air Quality Standard (NAAQS) 

has attained the 1997 PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on August 25, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0257. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. What Action Is EPA Taking? 

II. What Is the Effect of This Action? 

III. When Is This Action Effective? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

EPA is determining that the 

Harrisburg-Lebanon-Carlisle, 

Pennsylvania nonattainment area 

(Harrisburg Nonattainment Area) for the 

1997 PM2.5 NAAQS has attained the 

1997 PM2.5 NAAQS. This determination 

is based upon quality assured, quality 

controlled and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 PM2.5

NAAQS since the 2004–2006 

monitoring period, and monitoring data 

that continue to show attainment of the 

1997 PM2.5 NAAQS based on the 2005–

2007 data. In addition, quality 

controlled and quality assured 

monitoring data submitted during the 

calendar year 2008, which are available 

in the EPA AQS database, but not yet 

certified, show this area continues to 

attain the 1997 PM2.5 NAAQS. 

Other specific requirements of the 

determination and the rationale for 

EPA’s proposed action are explained in 

the notice of proposed rulemaking 

(NPR) published on June 13, 2008 (73 

FR 33755) and will not be restated here. 

No public comments were received in 

response to the NPR. 

II. What Is the Effect of This Action? 

This final action, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for this area to submit 

attainment demonstrations and 

associated reasonably available control 

measures, reasonable further progress 

plans, contingency measures, and other 

planning state implementation plans 

(SIPs) related to attainment of the 1997 

PM2.5 NAAQS for so long as the area 

continues to attain the 1997 PM2.5

NAAQS. 

III. When Is This Action Effective? 

EPA finds that there is good cause for 

this approval to become effective on the 

date of publication of this action in the 

Federal Register, because a delayed 

effective date is unnecessary due to the 

nature of the approval. The expedited 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that rule 

actions may become effective less than 

30 days after publication if the rule 

‘‘grants or recognizes an exemption or 

relieves a restriction’’ and 5 U.S.C. 

553(d)(3), which allows an effective date 

less than 30 days after publication ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ As noted above, this 

determination of attainment suspends 

the requirements for the Harrisburg 

nonattainment area to submit an 

attainment demonstration and 

associated reasonably available 

measures, a reasonable further progress 

plan, contingency measures, and any 

other planning SIPs related to 

attainment of the standard for so long as 

the area continues to attain the 1997 

PM2.5 NAAQS. The suspension of these 

requirements is sufficient reason to 

allow an expedited effective date of this 

rule under 5 U.S.C. 553(d)(1). In 

addition, the Harrisburg nonattainment 

area’s suspension from these 

requirements provide good cause to 

make this rule effective on the date of 

publication of this action in the Federal 

Register, pursuant to 5 U.S.C. 553(d)(3). 

The purpose of the 30-day waiting 

period prescribed in 5 U.S.C. 553(d) is 

to give affected parties a reasonable time 

to adjust their behavior and prepare 

before the final rule takes effect. Where, 

as here, the final rule suspends 

requirements rather than imposing 

obligations, affected parties, such as the 

Commonwealth of Pennsylvania, do not 

need time to adjust and prepare before 

the rule takes effect. 

IV. Final Action 

EPA is determining that the 

Harrisburg nonattainment area for the 

1997 PM2.5 NAAQS has attained the 

1997 PM2.5 NAAQS. This determination 

is based upon quality assured, quality 

controlled, and certified ambient air 

monitoring data that show that the area 

has monitored attainment of the 1997 

PM2.5 NAAQS since the 2004–2006 

monitoring period, and continues to 

monitor attainment of the standard 

based on the 2005–2007 data. This final 

action, in accordance with 40 CFR 

51.1004(c), will suspend the 

requirements for this area to submit 

attainment demonstrations and 

associated reasonably available control 

measures, reasonable further progress 

plans, contingency measures, and other 

planning SIPs related to attainment of 

the 1997 PM2.5 NAAQS for so long as 

the area continues to attain the 1997 

PM2.5 NAAQS. 


ebenthall on PRODPC60 with RULES