Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54717 

1When the 2007 cost recovery fee update rule 

was issued, we did not update this fee because it 

had been in effect less than one year. 72 FR 50884 

n.9 (table). 

[FR Doc. E8–22170 Filed 9–22–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3000 

[WO–310–1310–PP–24 1A] 

RIN 1004–AE01 

Minerals Management: Adjustment of 

Cost Recovery Fees 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Bureau of Land Management (BLM) 

mineral resources regulations to update 

some fees that cover the BLM’s cost of 

processing certain documents relating to 

its mineral programs and some filing 

fees for mineral-related documents. 

These updates include fees for actions 

such as lease applications, name 

changes, corporate mergers, and lease 

consolidations. 

DATES: Effective date: This final rule is 

effective October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: Tim 

Spisak, Chief, Division of Fluid 

Minerals, 202–452–5061, or Cynthia 

Ellis, Regulatory Affairs Specialist, (202) 

452–5012. Persons who use a 

telecommunications device for the deaf 

(TDD) may leave a message for these 

individuals with the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339, 24 hours a day, 7 days 

a week. 

ADDRESSES: You may send inquiries or 

suggestions to Director (630), Bureau of 

Land Management, MS–LS 401, 1849 C 

Street, NW., Washington, DC 20240; 

Attention: RIN 1004–AE01. 

SUPPLEMENTARY INFORMATION: 

Background 

The BLM has specific authority to 

charge fees for processing applications 

and other documents relating to public 

lands under Section 304 of the Federal 

Land Policy and Management Act of 

1976 (FLPMA), 43 U.S.C. 1734. In 2005, 

the BLM published a final cost recovery 

rule (70 FR 58854) establishing or 

revising certain fees and service charges, 

and establishing the method it would 

use to adjust those fees and service 

charges on an annual basis. 

At 43 CFR 3000.12(a), the regulations 

provide that the BLM will annually 

adjust fees established in Subchapter C 

according to changes in the Implicit 

Price Deflator for Gross Domestic 

Product (IPD–GDP), which is published 

quarterly by the U.S. Department of 

Commerce. (See also 43 CFR 3000.10.) 

Because the fee recalculations are 

simply based on a mathematical 

formula, we have changed the fees in a 

final rule without providing opportunity 

for notice and comment. This final rule 

will allow the BLM to update these fees 

and service charges by October 1 of this 

year, as required by the 2005 regulation. 

The public had an opportunity to 

comment on this procedure during the 

comment period on the original cost 

recovery rule, and this new rule simply 

administers the procedure set forth in 

those regulations. The Department of 

the Interior, therefore, for good cause 

finds under 5 U.S.C. 553(b)(B) and (d)(3) 

that notice and public comment 

procedures are unnecessary, and that 

the rule may be effective less than 30 

days after publication. 

Discussion of Final Rule 

BLM’s first fee update rule became 

effective on October 1, 2007. 72 FR 

50882 (Sept. 5, 2007). The fee updates 

effective each October 1 are based on 

the IPD–GDP for the 4th Quarter of the 

preceding calendar year. See 72 FR 

50882. This fee update is based on the 

IPD–GDP for 4th Quarter 2007, thus 

reflecting inflation over the four 

calendar quarters since 4th Quarter 

2006. 

This rule also includes a minor 

amendment to BLM’s stated method of 

rounding numbers to arrive at the final 

fee. The final 2005 and 2007 rules stated 

that values would be rounded ‘‘to the 

nearest $5.00.’’ 70 FR 58855; 72 FR 

50884. In this rule we adjust for the first 

time the geothermal nomination fee of 

$100 plus $0.10 per acre nominated.1

Because rounding the adjusted value for 

a fee of $0.10 to the nearest $5.00 cannot 

be sensibly implemented, we will round 

values for fees under $1.00 to the 

nearest penny. Pursuant to the 

Administrative Procedure Act, 5 U.S.C. 

section 553(b)(B), BLM finds that notice 

and public comment procedure on this 

point are unnecessary because this is a 

minor revision that is consistent with 

general business practices. Moreover, 

BLM did not receive any comments on 

rounding when it proposed to round 

fees down or up to the nearest $5.00 in 

the 2005 proposed rule. 70 FR 41540. 

The Attorney General’s Manual on the 

APA states that the term ‘‘unnecessary’’ 

in 5 U.S.C. section 553(b)(B) ‘‘refers to 

the issuance of a minor rule or 

amendment in which the public is not 

particularly interested.’’ FEDERAL 

ADMINISTRATIVE PROCEDURE 

SOURCEBOOK 63 (William F. Funk, 

Jeffrey S. Lubbers & Charles Pou, Jr., 

eds., ABA Publishing 3d ed. 2000). BLM 

has determined that this amendment 

falls within that category. 

The calculations that resulted in the 

new fees are included in the table 

below. 

FIXED COST RECOVERY FEES FY09 

Document/action Existing 

fee 2

Existing 

value 3

IPD–GDP 

increase 4 New value 5 New fee 6

Oil & Gas (parts 3100, 3110, 3120, 3130, 3150): 

Noncompetitive lease application ..................................................... $360 $357.88 $9.20 $367.08 $365 

Competitive lease application ........................................................... 140 138.88 3.57 142.45 140 

Assignment and transfer of record title or operating rights .............. 80 80.12 2.06 82.18 80 

Overriding royalty transfer, payment out of production .................... 10 10.68 0.27 10.95 10 

Name change, corporate merger or transfer to heir/devisee ........... 185 186.95 4.80 191.75 190 

Lease consolidation .......................................................................... 395 395.27 10.16 405.43 405 

Lease renewal or exchange ............................................................. 360 357.88 9.20 367.08 365 

Lease reinstatement, Class I ............................................................ 70 69.44 1.78 71.22 70 

Leasing under right-of-way ............................................................... 360 357.88 9.20 367.08 365 

Geophysical exploration permit application—Alaska ....................... 25 .................... .................... .................... 7 25 

Renewal of exploration permit—Alaska ........................................... 25 .................... .................... .................... 8 25 

Geothermal (part 3200): 


jlentini on PROD1PC65 with RULES
54718 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

2The Existing Fee was established by the 2007 

cost recovery fee update rule published September 

5, 2007 (72 FR 50882), effective October 1, 2007. 

3The Existing Value is the figure from the ‘‘New 

Value’’ column in the rule published September 5, 

2007 (72 FR 50882). 

4From 4th Quarter 2006 (117.522) to 4th Quarter 

2007 (120.542) the IPD–GDP increased by 2.57%. 

The value in the IPD–GDP Increase column is 

2.57% of the Existing Fee. 

5The sum of the Existing Value and IPD–GDP 

Increase is the New Value. 

6The New Fee for 2009 is the New Value rounded 

to the nearest $5.00. 

7Section 365 of the Energy Policy Act of 2005 

(Pub. L. 109–58) directed in subsection (i) that ‘‘the 

Secretary shall not implement a rulemaking that 

would enable an increase in fees to recover 

additional costs related to processing drillingrelated permit applications and use authorizations.’’ 

In the 2005 cost recovery rule, the BLM interpreted 

this prohibition to apply to geophysical exploration 

permits. 70 FR 58854–58855. While the $25 fees for 

geophysical exploration permit applications for 

Alaska and renewals of exploration permits for 

Alaska pre-dated the 2005 cost recovery rule and 

were not affected by the Energy Policy Act 

prohibition, we interpret the provision quoted as 

prohibiting us from increasing this $25 fee. 8We interpret the Energy Policy Act prohibition 

discussed in footnote 7, above, as prohibiting us 

from increasing this $25 fee, as well. 

FIXED COST RECOVERY FEES FY09—Continued 

Document/action Existing 

fee 2

Existing 

value 3

IPD–GDP 

increase 4 New value 5 New fee 6

Noncompetitive lease application ..................................................... 360 357.88 9.20 367.08 365 

Competitive lease application ........................................................... 140 138.88 3.57 142.45 140 

Assignment and transfer of record title or operating right ............... 80 80.12 2.06 82.18 80 

Name change, corporate merger or transfer to heir/devisee ........... 185 186.95 4.80 191.75 190 

Lease consolidation .......................................................................... 395 395.27 10.16 405.43 405 

Lease reinstatement ......................................................................... 70 69.44 1.78 71.22 70 

Nomination of lands .......................................................................... 100 100 2.57 102.57 105 

plus per acre nomination fee ..................................................... 0.10 0.10 0.00257 0.10257 .10 

Site license application ..................................................................... 55 53.42 1.37 54.79 55 

Assignment or transfer of site license .............................................. 55 53.42 1.37 54.79 55 

Coal (parts 3400, 3470): 

License to mine application .............................................................. 10 10.68 0.27 10.95 10 

Exploration license application ......................................................... 295 293.78 7.55 301.33 300 

Lease or lease interest transfer ........................................................ 60 58.76 1.51 60.27 60 

Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 

3580): 

Applications other than those listed below ....................................... 30 32.05 0.82 32.87 35 

Prospecting permit application amendment ..................................... 60 58.76 1.51 60.27 60 

Extension of prospecting permit ....................................................... 95 96.15 2.47 98.62 100 

Lease modification or fringe acreage lease ..................................... 25 26.71 0.69 27.40 25 

Lease renewal .................................................................................. 460 459.37 11.81 471.18 470 

Assignment, sublease, or transfer of operating rights ..................... 25 26.71 0.69 27.40 25 

Transfer of overriding royalty ............................................................ 25 26.71 0.69 27.40 25 

Use permit ........................................................................................ 25 26.71 0.69 27.40 25 

Shasta and Trinity hardrock mineral lease ....................................... 25 26.71 0.69 27.40 25 

Renewal of existing sand and gravel lease in Nevada .................... 25 26.71 0.69 27.40 25 

Multiple Use; Mining (Group 3700): 

Notice of protest of placer mining operations .................................. 10 10.68 0.27 10.95 10 

Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 

3870): 

Application to open lands to location ............................................... 10 10.68 0.27 10.95 10 

Notice of Location ............................................................................. 15 16.02 0.41 16.43 15 

Amendment of location ..................................................................... 10 10.68 0.27 10.95 10 

Transfer of mining claim/site ............................................................ 10 10.68 0.27 10.95 10 

Recording an annual FLPMA filing ................................................... 10 10.68 0.27 10.95 10 

Deferment of assessment work ........................................................ 95 96.15 2.47 98.62 100 

Recording a notice of intent to locate mining claims on 

Stockraising Homestead Act lands ............................................... 25 26.71 0.69 27.40 25 

Mineral patent adjudication.

(more than 10 claims) ............................................................... 2,690 2,692.12 69.19 2,761.31 2,760 

(10 or fewer claims) ................................................................... 1,345 1,346.06 34.59 1,380.65 1,380 

Adverse claim ................................................................................... 95 96.15 2.47 98.62 100 

Protest .............................................................................................. 60 58.76 1.51 60.27 60 

Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of Economic Analysis. 

How Fees Are Adjusted 

The figures in the ‘‘New Value’’ 

column in the table above, not those in 

the ‘‘New Fee’’ column, will be used in 

the following year as the basis for 

calculating the annual adjustment to 

these fees. Because the new values are 

rounded to the nearest $5.00, or the 

nearest penny for fees under $1.00 (see 

above), in setting the new fees, future 

fees based on the figures in the ‘‘New 

Fee’’ column would become 

significantly over-or-under-valued over 

time. In today’s rule, the figures in the 

Existing Value column are from the New 

Value column in the final rule of 

September 5, 2007. However, if the 

‘‘New Value’’ column is blank because 

the fee was not updated in this rule, 

future adjustments will be based on the 

figures in the ‘‘New Fee’’ column. 

Adjustments to future fees will be made 

by multiplying the annual change in the 

IPD–GDP by the reported New Value in 

the previous year’s rule. This 

calculation will define a new value for 

that year, which will then be rounded 

to the nearest $5.00, or the nearest 

penny for fees under $1.00, to establish 

the new adjusted fee. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule and the Office of Management and 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54719 

Budget has not reviewed this rule under 

Executive Order 12866. We have made 

the assessments required by E.O. 12866 

and the results are given below. 

The BLM has determined that the rule 

will not have an annual effect on the 

economy of $100 million or more. It will 

not adversely affect in a material way 

the economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

state, local, or Tribal governments or 

communities. The changes in today’s 

rule are much smaller than those in the 

2005 or 2007 final rules, which did not 

approach the threshold in E.O. 12866. 

For instructions on how to view a 

copy of the analysis prepared in 

conjunction with the 2005 final rule, 

please contact one of the persons listed 

in the FOR FURTHER INFORMATION

CONTACT section, above. 

This rule will not create 

inconsistencies or otherwise interfere 

with an action taken or planned by 

another agency. This rule does not 

change the relationships of the onshore 

minerals programs with other agencies’ 

actions. These relationships are 

included in agreements and memoranda 

of understanding that would not change 

with this rule. 

In addition, this final rule does not 

materially affect the budgetary impact of 

entitlements, grants, or loan programs, 

or the rights and obligations of their 

recipients. This rule does apply an 

inflation factor that increases some 

existing user fees for processing 

documents associated with the onshore 

minerals programs. However, these fee 

increases are less than 3% and do not 

materially affect the budgetary impact of 

user fees. 

Finally, this rule will not raise novel 

legal issues. As explained above, this 

rule simply implements an annual 

process to account for inflation that was 

proposed and explained in the 2005 cost 

recovery rule. 

The Regulatory Flexibility Act 

This final rule will not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). A Regulatory 

Flexibility Analysis is not required. 

Accordingly, a Small Entity Compliance 

Guide is not required. For the purposes 

of this section, a small entity is defined 

by the Small Business Administration 

(SBA) for mining (broadly inclusive of 

metal mining, coal mining, oil and gas 

extraction, and the mining and 

quarrying of nonmetallic minerals) as an 

individual, limited partnership, or small 

company considered to be at arm’s 

length from the control of any parent 

companies, with fewer than 500 

employees. The SBA defines a small 

entity differently, however, for leasing 

Federal land for coal mining. A coal 

lessee is a small entity if it employs not 

more than 250 people, including people 

working for its affiliates. 

The SBA would consider many, if not 

most, of the operators the BLM works 

with in the onshore minerals programs 

to be small entities. The BLM notes that 

this final rule does not affect service 

industries, for which the SBA has a 

different definition of ‘‘small entity.’’ 

The final rule will affect a large 

number of small entities since nearly all 

of them will face fee increases for 

activities on public lands. However, we 

have concluded that the effects will not 

be significant. The average increase in 

the fixed fees will be less than 3 percent 

as a result of this final rule. The 

adjustments result in no increase in the 

fee for processing of 28 documents 

relating to the BLM’s minerals 

programs. The highest adjustment is for 

mineral patent adjudications involving 

more than 10 mining claims, which will 

be increased by $70.00. For the 2005 

final rule, the BLM completed a 

threshold analysis which is available for 

public review in the administrative 

record for that rule. (For instructions on 

how to view a copy of that analysis, 

please contact one of the persons listed 

in the FOR FURTHER INFORMATION

CONTACT section, above.) The analysis 

for the 2005 rule concluded that the fees 

would not have a significant economic 

effect on a substantial number of small 

entities. The fee increases implemented 

in today’s rule are substantially smaller 

than those provided for in the 2005 rule 

or in the 2007 update, which adjusted 

the fees after two years rather than one. 

The Small Business Regulatory 

Enforcement Fairness Act 

This final rule is not a ‘‘major rule’’ 

as defined at 5 U.S.C. 804(2). The final 

rule will not have an annual effect on 

the economy greater than $100 million; 

it will not result in major cost or price 

increases for consumers, industries, 

government agencies, or regions; and it 

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. 

For the 2005 final rule, which 

established the fee adjustment 

procedure that this rule implements, the 

BLM completed a threshold analysis, 

which is available for public review in 

the administrative record for that rule. 

The fee increases implemented in 

today’s rule are substantially smaller 

than those provided for in the 2005 rule 

or in the 2007 update, which adjusted 

the fees after two years rather than one. 

Executive Order 13132, Federalism 

This final rule will not have a 

substantial direct effect on the states, on 

the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. In accordance 

with Executive Order 13132, therefore, 

we find that the final rule does not have 

significant Federalism effects. A 

Federalism assessment is not required. 

The Paperwork Reduction Act of 1995 

These regulations contain information 

collection requirements. As required by 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), we submitted 

a copy of the proposed information 

collection requirements to the Office of 

Management and Budget (OMB) for 

review. The OMB approved the 

information collection requirements 

under the following Control Numbers: 

Oil and Gas 

(1) 1004–0034 which expires April 30, 

2009; 

(2) 1004–0074 which expires 

December 31, 2009; 

(3) 1004–0137 which expires July 31, 

2010; 

(4) 1004–0162 which expires February 

28, 2009; 

(5) 1004–0185 which expires July 31, 

2009; 

Geothermal 

(6) 1004–0132 which expires July 31, 

2010; 

Coal 

(7) 1004–0073 which expires March 

31, 2010; 

Mining Claims 

(8) 1004–0025 which expires 

November 30, 2009; 

(9) 1004–0114 which expires February 

28, 2010; and 

Leasing of Solid Minerals Other Than 

Oil Shale 

(10) 1004–0121 which expires 

November 30, 2009. 

Takings Implication Assessment 

(Executive Order 12630) 

As required by Executive Order 

12630, the Department of the Interior 

has determined that this rule will not 

cause a taking of private property. No 

private property rights will be affected 

by a rule that merely reports changes in 

service fees. The Department therefore 

certifies that this final rule does not 

represent a governmental action capable 

of interference with constitutionally 

protected property rights. 


jlentini on PROD1PC65 with RULES
54720 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

Civil Justice Reform (Executive Order 

12988) 

In accordance with Executive Order 

12988, the BLM finds that this final rule 

will not unduly burden the judicial 

system and meets the requirements of 

Sections 3(a) and 3(b)(2) of the 

Executive Order. 

The National Environmental Policy Act 

(NEPA) 

The BLM has determined that this 

final rule is administrative and involves 

only procedural changes addressing fee 

requirements. In promulgating this rule, 

the government is conducting routine 

and continuing government business of 

an administrative nature having limited 

context and intensity. Therefore, it is 

categorically excluded from 

environmental review under Section 

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

2.3A and 516 DM 2, Appendix 1, Items 

1.7 and 1.10. In addition, the final 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 been 

determined to have no such effect in 

procedures adopted by a Federal 

agency, and therefore require neither an 

environmental assessment nor an 

environmental impact statement. 

The Unfunded Mandates Reform Act of 

1995 

The BLM has determined that this 

final rule is not significant under the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1532, because it will not 

result in state, local, private sector, or 

tribal government expenditures of $100 

million or more in any one year. This 

rule will not significantly or uniquely 

affect small governments. Therefore, the 

BLM is not required to prepare a 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1501 et seq.). 

Consultation and Coordination With 

Indian Tribal Governments (Executive 

Order 13175) 

In accordance with Executive Order 

13175, the BLM has determined that 

this final rule does not include policies 

that have tribal implications. A key 

factor is whether the rule would have 

substantial direct effects on one or more 

Indian tribes. The BLM has not found 

any substantial direct effects. 

Consequently, the BLM did not utilize 

the consultation process set forth in 

section 5 of the Executive Order. 

Information Quality Act 

In developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Information Quality Act (Pub. L. 106– 

554). 

Effects on the Nation’s Energy Supply 

(Executive Order 13211) 

In accordance with Executive Order 

13211, the BLM has determined that 

this final rule is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. The 

distribution of or use of energy would 

not be unduly affected by this final rule. 

It merely adjusts certain administrative 

cost recovery fees to account for 

inflation. 

Author 

The principal author of this rule is 

Tim Spisak, Division of Fluid Minerals, 

assisted by Cynthia Ellis of the Division 

of Regulatory Affairs, Bureau of Land 

Management. 

List of Subjects in 43 CFR Part 3000 

Public lands—mineral resources, 

Reporting and recordkeeping 

requirements. 

Dated: September 11, 2008. 

Julie A. Jacobson, 

Acting Assistant Secretary—Land and 

Minerals Management. 

■ For reasons stated in the preamble, the 

Bureau of Land Management amends 43 

CFR Chapter II as follows: 

PART 3000—MINERALS 

MANAGEMENT: GENERAL 

■ 1. The authority citation for part 3000 

continues to read as follows: 

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 

181 et seq., 301–306, 351–359, and 601 et 

seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 

42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and 

Pub. L. 97–35, 95 Stat. 357. 

Subpart 3000—General 

■ 2. Revise § 3000.12 (a) to read as 

follows: 

§ 3000.12 What is the fee schedule for 

fixed fees? 

(a) The table in this section shows the 

fixed fees that you must pay to BLM for 

the services listed for Fiscal Year 2009. 

These fees are nonrefundable and must 

be included with documents you file 

under this chapter. Fees will be adjusted 

annually according to the change in the 

Implicit Price Deflator for Gross 

Domestic Product (IPD–GDP) by way of 

publication of a final rule in the Federal 

Register, and will subsequently be 

posted on the BLM Web site (http:// 

www.blm.gov) before October 1 each 

year. Revised fees are effective each year 

on October 1. 

FY 2009 PROCESSING AND FILING FEE

TABLE

Document/action FY 2009 fee 

Oil & Gas (parts 3100, 3110, 

3120, 3130, 3150): 

Noncompetitive lease application ................................. $365 

Competitive lease application 140 

Assignment and transfer of 

record title or operating 

rights .................................. 80 

Overriding royalty transfer, 

payment out of production 10 

Name change, corporate 

merger or transfer to heir/ 

devisee .............................. 190 

Lease consolidation .............. 405 

Lease renewal or exchange 365 

Lease reinstatement, Class I 70 

Leasing under right-of-way ... 365 

Geophysical exploration permit application—Alaska ..... 25 

Renewal of exploration permit—Alaska ....................... 25 

Geothermal (part 3200): 

Noncompetitive lease application ................................. 365 

Competitive lease application 140 

Assignment and transfer of 

record title or operating 

rights .................................. 80 

Name change, corporate 

merger or transfer to heir/ 

devisee .............................. 190 

Lease consolidation .............. 405 

Lease reinstatement ............. 70 

Nomination of lands .............. 10 

plus per acre nomination 

fee .................................. 0.10 

Site license application ......... 55 

Assignment or transfer of site 

license ............................... 55 

Coal (parts 3400, 3470): 

License to mine application .. 10 

Exploration license application ..................................... 300 

Lease or lease interest transfer ...................................... 60 

Leasing of Solid Minerals Other 

Than Coal and Oil Shale 

(parts 3500, 3580): 

Applications other than those 

listed below ........................ 35 

Prospecting permit application amendment ................. 60 

Extension of prospecting permit ...................................... 100 

Lease modification or fringe 

acreage lease .................... 25 

Lease renewal ....................... 470 

Assignment, sublease, or 

transfer of operating rights 25 

Transfer of overriding royalty 25 

Use permit ............................. 25 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54721 

FY 2009 PROCESSING AND FILING FEE

TABLE—Continued 

Document/action FY 2009 fee 

Shasta and Trinity hardrock 

mineral lease ..................... 25 

Renewal of existing sand and 

gravel lease in Nevada ..... 25 

Multiple Use; Mining (part 

3730): 

Notice of protest of placer 

mining operations .............. 10 

Mining Law Administration 

(parts 3800, 3810, 3830, 

3850, 3860, 3870): 

Application to open lands to 

location .............................. 10 

Notice of location* ................. 15 

Amendment of location ......... 10 

Transfer of mining claim/site 10 

Recording an annual FLPMA 

filing ................................... 10 

Deferment of assessment 

work ................................... 100 

Recording a notice of intent 

to locate mining claims on 

Stockraising Homestead 

Act lands ............................ 25 

Mineral patent adjudication ... 2,760 (more 

than 10 

claims) 

1,380 (10 or 

fewer 

claims) 

Adverse claim ....................... 100 

Protest ................................... 60 

* To record a mining claim or site location, 

you must pay this processing fee along with 

the initial maintenance fee and the one-time 

location fee required by statute. (43 CFR part 

3833). 

[FR Doc. E8–22255 Filed 9–22–08; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 600 and 635 

[Docket No. 070801432–8663–02] 

RIN 0648–AV92 

Atlantic Highly Migratory Species; 

Atlantic Tuna Fisheries; Pelagic and 

Bottom Longline Fisheries; Gear 

Authorization and Turtle Control 

Devices 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS authorizes green-stick 

gear for the harvest of Atlantic tunas, 

including bluefin tuna (BFT), and 

requires a sea turtle control device in 

Atlantic Highly Migratory Species 

(HMS) pelagic longline (PLL) and 

bottom longline (BLL) fisheries. At this 

time, NMFS is not authorizing harpoon 

gear for the harvest of Atlantic tunas in 

the Highly Migratory Species (HMS) 

Charter/Headboat (CHB) category as 

originally proposed. The purpose of this 

final rule is to ensure fishermen harvest 

Atlantic tunas within quotas, size limits, 

or other established limitations and to 

distinguish green-stick fishing gear from 

current definitions of other authorized 

gear types. This final rule also addresses 

use of sea turtle control devices in the 

PLL and BLL fisheries to achieve and 

maintain low post-release mortality of 

sea turtles thus maintaining consistency 

with the 2004 Biological Opinion (BiOp) 

for the Atlantic PLL fishery and to 

increase safety at sea for fishermen 

when handling sea turtles caught or 

entangled in longline fishing gear. 

NMFS also has revised its list of 

equipment models that NMFS has 

approved as meeting the minimum 

design specifications for the careful 

release of sea turtles caught in hook and 

line fisheries. 

DATES: The amendments to § 600.725; 

§ 635.2; § 635.21 introductory text (first 

sentence), (c)(2)(v)(A), (c)(2)(v)(B), 

(c)(5)(iii)(C)(3), (e)(1)(ii), (e)(1)(iii), 

(e)(1)(v), (g); and § 635.71 are effective 

on October 23, 2008. The amendments 

to § 635.21 introductory text (second 

sentence), (c)(2)(v)(D), (c)(2)(v)(G), 

(c)(5)(i) introductory text, (c)(5)(i)(M), 

(c)(5)(ii)(A), and (c)(5)(ii)(C)(1) are 

effective on January 1, 2009. 

ADDRESSES: For copies of the Final 

Environmental Assessment (EA), or 

other related documents, please write to 

the Highly Migratory Species 

Management Division, 1315 East-West 

Highway, Silver Spring, MD 20910, or 

call at (301)713-2347 or fax to 

(301)713-1917. Copies are also available 

on the HMS website at http:// 

www.nmfs.noaa.gov/sfa/hms/. 

FOR FURTHER INFORMATION CONTACT: 

Randy Blankinship, 727-824-5399, or 

Sarah McLaughlin, 978-281-9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

tunas are managed under the dual 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Atlantic Tunas Convention Act (ATCA). 

ATCA authorizes the Secretary of 

Commerce (Secretary) to promulgate 

regulations, as may be necessary and 

appropriate, to implement 

recommendations by the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT). The authority 

to issue regulations under the 

Magnuson-Stevens Act and ATCA has 

been delegated from the Secretary to the 

Assistant Administrator for Fisheries, 

NOAA (AA). The implementing 

regulations for Atlantic HMS are at 50 

CFR parts 600 and 635. 

On May 28, 1999, NMFS published in 

the Federal Register (64 FR 29090) final 

regulations, effective July 1, 1999, 

implementing the Fishery Management 

Plan for Atlantic Tunas, Swordfish, and 

Sharks (1999 FMP). Among other things, 

these regulations included a list of 

fishing gears authorized for harvest of 

HMS. On October 2, 2006, NMFS 

published in the Federal Register final 

regulations (71 FR 58058), effective 

November 1, 2006, implementing the 

‘‘Final Consolidated Atlantic HMS 

Fishery Management Plan’’ 

(Consolidated HMS FMP), which 

consolidated the management of all 

Atlantic HMS (i.e., sharks, swordfish, 

tunas, and billfish) into one 

comprehensive FMP. 

Background 

Background information about 

green-stick gear authorization and sea 

turtle control device requirements was 

provided in the preamble to the 

proposed rule (73 FR 24924; May 6, 

2008). Please see the proposed rule for 

complete background information. This 

final rule: (1) authorizes green-stick gear 

for the harvest of Atlantic tunas by 

Atlantic Tunas General category 

permitted vessels; (2) authorizes 

green-stick gear for the harvest of 

Atlantic tunas by HMS CHB permitted 

vessels; (3) authorizes green-stick gear 

for harvest of Atlantic tunas by Atlantic 

Tunas Longline category permitted 

vessels (but continues to restrict BFT 

retention to incidental retention only); 

and (4) requires possession and use of 

a sea turtle control device as an addition 

to the already existing requirements for 

sea turtle bycatch mitigation gear in PLL 

and BLL fisheries. This action is 

published in accordance with the 

framework procedures set forth in the 

Consolidated HMS FMP and is 

supported by the analytical documents 

prepared for the Consolidated HMS 

FMP. As described in the Response to 

Comments and Changes from the 

Proposed Rule sections of this 

document, NMFS has reconsidered the 

proposed rule preferred alternative 

regarding authorization of harpoon use 

on HMS CHB vessels and has decided 

to maintain the status quo for 

regulations regarding authorized 

harpoon use as Atlantic tuna fishing 

gear. 


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