[Federal Register Volume 67, Number 57 (Monday, March 25, 2002)]
[Rules and Regulations]
[Page 13702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7072]



[[Page 13701]]

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Part III





Department of the Interior





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Bureau of Reclamation



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43 CFR Part 426



Acreage Limitation Rules and Regulations--Changes to Addresses for 
Submitting Appeals; Final Rule

  Federal Register / Vol. 67, No. 57 / Monday, March 25, 2002 / Rules 
and Regulations  

[[Page 13702]]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 426

RIN 1006-AA43


Acreage Limitation Rules and Regulations--Changes to Addresses 
for Submitting Appeals

AGENCY: Bureau of Reclamation, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Reclamation (Reclamation) is revising its 
regulations governing acreage limitation appeals to reflect a change of 
address for submitting appeals to the Commissioner of Reclamation and a 
change of address for submitting appeals to the Office of Hearings and 
Appeals (OHA). The change of address for the Commissioner is being made 
to facilitate the processing of appeals, while the change of address 
for OHA is needed because that agency is moving to a new building in 
Arlington, Virginia, effective February 11, 2002.

DATES: This rule is effective on March 25, 2002.

FOR FURTHER INFORMATION CONTACT: Richard Rizzi, Lead Water and Land 
Regulatory Specialist, Office of Policy, Bureau of Reclamation, P.O. 
Box 25007, Mail Code D-5200, Denver, Colorado 80225, telephone (303) 
445-2900.

SUPPLEMENTARY INFORMATION:

I. Background

    In 43 CFR part 426, Reclamation has promulgated regulations 
implementing certain provisions of Federal reclamation law that address 
the ownership and leasing of land on Reclamation projects and the 
pricing of Reclamation irrigation water. Included in those regulations 
are procedures for appeals of regional directors' final determinations 
to the Commissioner of Reclamation and for appeals of Commissioner's 
decisions to the Department of the Interior's Office of Hearings and 
Appeals.
    The Office of the Commissioner has staff located in both 
Washington, D.C., and Denver, Colorado. The Office of Policy staff in 
Denver reviews all appeals of final determinations made under the 
Acreage Limitation Rules and Regulations by regional directors and 
makes recommendations for action on each appeal. Since the staff at the 
Denver Office has those responsibilities, it is more efficient for 
appeals to be sent directly to Denver instead of coming to Washington 
and then being forwarded to Denver.
    OHA consists of a headquarters office, located in Arlington, 
Virginia, and nine field offices located throughout the country. Since 
1970, the headquarters office has been located at 4015 Wilson 
Boulevard, and that address is included in 43 CFR 426.24(g). Effective 
February 11, 2002, the OHA headquarters office is being relocated to 
801 North Quincy Street, Arlington, Virginia. In anticipation of that 
move, we are revising the administrative appeals section of the Acreage 
Limitation Rules and Regulations to reflect OHA's new street address.

II. Procedural Requirements

A. Determination To Issue Final Rule Effective in Less Than 30 Days

    We have determined that the public notice and comment provisions of 
the Administrative Procedure Act, 5 U.S.C. 553(b), do not apply to this 
rulemaking because the changes being made relate solely to matters of 
agency organization, procedure, and practice. They therefore satisfy 
the exemption from notice and comment for rulemaking in 5 U.S.C. 
553(b)(A).
    We have determined that there is good cause to waive the 
requirement of publication 30 days in advance of the rule's effective 
date under 5 U.S.C. 553(d)(3). The timing of OHA's relocation is 
dictated by the construction schedule for the building to which OHA is 
moving. The actual move date was confirmed only in the past few weeks. 
If the changes in this rule were to become effective 30 days after 
publication, it would cause delays in processing appeals. An immediate 
effective date means that appeals received after the rule is published 
will go directly to Denver to be processed more rapidly. Because an 
immediate effective date benefits the public and because this is an 
administrative change, there is a good cause for making this rule 
effective immediately, as allowed by 5 U.S.C. 553(d)(3). We will 
include the new OHA address in any Commissioner's decision made under 
43 CFR 426.24 that we issue after February 10, 2002.

B. Review Under Procedural Statutes and Executive Orders

    We have reviewed this final rule under the following statutes and 
executive orders governing rulemaking procedures: the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1501 et seq.; the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq.; the Small Business Regulatory Enforcement 
Fairness Act of 1996, 5 U.S.C. 801 et seq.; the National Environmental 
Policy Act of 1969, 42 U.S.C. 4321 et seq.; the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq.; Executive Order 12630 (Takings); Executive 
Order 12866 (Regulatory Planning and Review); Executive Order 12988 
(Civil Justice Reform); Executive Order 13132 (Federalism); Executive 
Order 13175 (Tribal Consultation); and Executive Order 13211 (Energy 
Impacts). We have determined that these rule changes do not trigger any 
of the procedural requirements of those statutes and executive orders 
because this final rule merely changes the mailing address where 
appeals of acreage limitation final determinations and Commissioner 
decisions are to be sent.

List of Subjects in 43 CFR Part 426

    Administrative practice and procedure, Irrigation, Reclamation, 
Reporting and recordkeeping requirements.

    Dated: February 6, 2002.
R. Thomas Weimer,
Acting Assistant Secretary--Water and Science.
    For the reasons stated in the preamble, Reclamation amends its 
regulations in 43 CFR part 426 as follows:

PART 426--ACREAGE LIMITATION RULES AND REGULATIONS

    1. The authority citation for part 426 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 5 U.S.C. 553; 16 U.S.C. 590z-11; 31 
U.S.C. 9701; and 32 Stat. 388 and all acts amendatory thereof or 
supplementary thereto including, but not limited to, 43 U.S.C. 390aa 
to 390zz-1, 43 U.S.C. 418, 43 U.S.C. 423 to 425b, 43 U.S.C. 431, 
434, 440, 43 U.S.C. 451 to 451k, 43 U.S.C. 462, 43 U.S.C. 485 to 
485k, 43 U.S.C. 491 to 505, 43 U.S.C. 511 to 513, and 43 U.S.C. 544.

    2. In Sec. 426.24, paragraphs (g)(1) and (g)(2) are revised to read 
as follows:


Sec. 426.24  Reclamation decisions and appeals.

* * * * *
    (g) *  *  *
    (1) Commissioner, Bureau of Reclamation, Office of Policy, 
Attention: D-5200, P.O. Box 25007, Denver, Colorado 80225.
    (2) Director, Office of Hearings and Appeals, Department of the 
Interior, 801 North Quincy Street, Arlington, Virginia 22203.

[FR Doc. 02-7072 Filed 3-22-02; 8:45 am]
BILLING CODE 4310-MN-P