[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Proposed Rules]
[Pages 54977-54978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27179]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2360
[WO-350-1430-00 24 1A]
RIN 1004-AC79
National Petroleum Reserve, Alaska
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to remove 43 CFR
part 2360 with the exception of provisions for use authorizations,
which will be condensed and rewritten. This action is undertaken
because it is not necessary for the provisions proposed for removal to
be published in the Code of Federal Regulations. This part consists
almost entirely of either provisions found elsewhere in the law or
guidance better suited for publication in the BLM manual. In addition,
various changes in the law over the last 20 years have made the
existing regulations obsolete.
DATES: Submit comments to BLM at the address below on or before
November 22, 1996. Comments received which are hand-delivered,
postmarked or sent via the Internet after the above date will not
necessarily be considered in the decisionmaking process on the final
rule.
ADDRESSES: If you wish to comment, you may hand-deliver comments to the
Bureau of Land Management, Administrative Record, Room 401, 1620 L
Street, NW, Washington, DC; or mail comments to the Bureau of Land
Management, Administrative Record, Room 401LS, 1849 C Street, NW,
Washington, DC 20240. You also may transmit comments electronically via
the Internet to [email protected]. Please include ``Attn:
AC79'', in your name and address in your message. If you do not receive
a confirmation from the system that we have received your Internet
message, contact us directly at (202) 452-5030. Comments will be
available for public review at the L Street address during regular
business hours 7:45 a.m. to 4:15 p.m., Monday through Friday, except
holidays.
FOR FURTHER INFORMATION CONTACT: Jeff Holdren, Realty Use Group,
(202) 452-7779.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background and Discussion of Proposed Rule
III. Procedural Matters
I. Public Comment Procedures
Written Comments
Written comments on the proposed rule should be specific, should be
confined to issues pertinent to the rule, and should explain the reason
for any recommended change. Where possible, comments should reference
the specific section or paragraph of the proposal which the comment
addresses. BLM will not necessarily consider or include in the
Administrative Record for the rule comments which BLM receives that are
hand-delivered, postmarked or sent via the Internet after the close of
the comment period (see DATES) or comments delivered to an address
other than those listed above (see ADDRESSES).
II. Background and Discussion of Proposed Rule
The management of the National Petroleum Reserve-Alaska is
primarily under the Naval Petroleum Reserves Production Act, 42 U.S.C.
6501 et seq., and the Federal Land Policy and Management Act of 1976
(FLPMA), 43 U.S.C. 1701 et seq. These statutes authorize BLM to
promulgate appropriate and necessary regulations for the management of
the reserves. In light of the regulatory reform initiative currently
underway throughout the administration, BLM has determined that the
existing regulations at 43 CFR part 2360 are unnecessary, except for
portions pertaining to use authorizations. Much of part 2360 contains
language intended to guide BLM officers in the exercise of their
discretion. The relocation of this language to the BLM manual would
provide BLM more flexibility and adequate guidance. The remainder of
this part rephrases statutory provisions. The regulatory reform
initiative calls for agencies to streamline their regulations to remove
unnecessary material, and reorganize remaining provisions in a way that
will make them more accessible and efficient, without weakening their
effectiveness. BLM believes that the removal of part 2360, except for
use authorizations, satisfies these goals without any material impact
on the public at large.
Furthermore, numerous changes in the law have occurred which affect
the management of the National Petroleum Reserve in Alaska, rendering
the current regulations out-of-date. For example, in 1980 the Reserve
was opened to gas leasing and Indian allotments, and the role of the
U.S. Geological Survey (USGS) was reduced to activities in the Barrow
gas fields. In 1983, USGS transferred its Barrow gas fields to the
North Slope Borough. As a result, USGS
[[Page 54978]]
no longer has any role in the National Petroleum Reserve management
program, and references to USGS at section 2361.1 of this part are
outdated and unnecessary. This is typical of the changes that have
taken place in the Reserve, and BLM intends to review the program to
assess what regulations are necessary to enhance our future role. At
present, however, the existing regulations do not reflect these changes
in the law, and should be removed in order to eliminate further
confusion.
Although the use authorization provisions of 43 CFR section 2361.2
are substantially covered by various sections of the Code of Federal
Regulations, we will retain portions of section 2361.2 and 2361.3 in
condensed form in part 2360. The new part 2360 will eliminate
provisions already covered in the Naval Petroleum Reserves Act,
limiting the text to only those portions of the existing regulations
that are still necessary and useful to the public at large.
III. Procedural Matters
National Environmental Policy Act
The BLM has prepared an environmental assessment (EA), and has
found that the proposed rule would not constitute a major federal
action significantly affecting the quality of the human environment
under section 102(2)(C) of the National Environmental Policy Act of
1969 (NEPA), 42 U.S.C. 4332(2)(C). The BLM has placed the EA and the
Finding of No Significant Impact (FONSI) on file in the BLM
Administrative Record at the address specified previously. The BLM
invites the public to review these documents by contacting us at the
addresses listed above (see ADDRESSES), and suggests that anyone
wishing to submit comments in response to the EA and FONSI do so in
accordance with the Public Comment Procedure section above, or contact
us directly.
Paperwork Reduction Act
The rule does not contain information collection requirements which
the Office of Management and Budget must approve under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 5
U.S.C. 601 et seq., to ensure that government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. The BLM has determined under the
RFA that this proposed rule would not have a significant economic
impact on a substantial number of small entities.
Executive Order 12866
According to the criteria listed in section 3(f) of Executive Order
12866, BLM has determined that the proposed rule is not a significant
regulatory action. As such, the rule is not subject to Office of
Management and Budget review under section 6(a)(3) of the order.
Unfunded Mandates Reform Act
The proposed rule does not include a Federal mandate that will
result in the expenditure by state, local or tribal governments in the
aggregate, or by the private sector, of $100,000,000 or more in any one
year.
Executive Order 12612
The proposed rule would not have sufficient federalism implications
to warrant BLM's preparation of a Federalism Assessment (FA).
Executive Order 12630
The proposed rule does not represent a government action capable of
interfering with constitutionally protected property rights. Section
2(a)(1) of Executive Order 12630 specifically excludes actions
abolishing regulations or modifying regulations in a way that lessens
interference with private property use from the definition of
``policies that have takings implications'' Since the primary function
of the proposed rule is to abolish unnecessary regulations, there will
be no private property rights impaired as a result. Therefore, BLM has
determined that the rule would not cause a taking of private property,
or require further discussion of takings implications under this
Executive Order.
Executive Order 12988
The Department of the Interior has determined that this rule meets
the applicable standards provided in sections 3(a) and 3(b)(2) of
Executive Order 12988.
Author
The principal author of this proposed rule is Jeff Holdren, Realty
Use Group, Bureau of Land Management, 1849 C Street, NW., Washington,
DC 20240; Telephone (202) 452-7779.
List of Subjects for 43 CFR Part 2360
Alaska; Environmental protection; Land Management Bureau; Natural
resources; Oil and gas reserves; Public lands-withdrawal.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740, part 2360, Group 2300, Subchapter B, Chapter II of
Title 43 of the Code of Federal Regulations is proposed to be amended
as set forth below:
1. Part 2360 is revised to read as follows:
PART 2360--NATIONAL PETROLEUM RESERVE IN ALASKA
Sec.
2360.1 Use authorizations.
Authority: 30 U.S.C. 181 et seq., 43 U.S.C. 1740.
2360.1 Use authorizations.
(a) Except for petroleum exploration authorized by law, anyone
wishing to use National Petroleum Reserve land must first obtain a use
authorization from BLM. BLM will issue an authorization only for those
uses consistent with the purposes and objectives of the Naval Petroleum
Reserves Production Act, 42 U.S.C. 6501 et seq., and subject to any
terms and conditions that BLM determines are necessary to protect the
Reserve's environmental, fish and wildlife, and cultural, historical or
scenic values. Contact BLM for an application. However, unless BLM has
otherwise limited or restricted use, you will not need use
authorizations for (1) subsistence uses (e.g., hunting, fishing, and
berry picking), and (2) recreational uses (e.g. hunting, fishing,
backpacking, and wildlife observation). Contact BLM for an application.
(b) Any person who violates or fails to comply with regulations of
this part is subject to prosecution, including trespass and liability
for damages, pursuant to applicable law.
Dated: October 15, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-27179 Filed 10-22-96; 8:45 am]
BILLING CODE 4310-84-P