[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Rules and Regulations]
[Pages 16214-16215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8110]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 423

RIN 1006-AA46


Public Conduct on Bureau of Reclamation Lands and Projects; 
Extension of Expiration Date

AGENCY: Bureau of Reclamation, Interior.

ACTION: Final rule.

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SUMMARY: This rule extends the expiration date for the rule governing 
public conduct on Reclamation lands and projects to April 17, 2005. The 
rule is currently set to expire on April 17, 2003. The additional time 
will allow the Bureau of Reclamation to prepare and publish a more 
comprehensive rule.

EFFECTIVE DATE: Effective April 3, 2003, the expiration date of 43 CFR 
part 423, Public Conduct on Bureau of Reclamation Lands and Projects, 
is extended from April 17, 2003, to April 17, 2005.

ADDRESSES: Address any questions concerning this rule to Larry Todd, 
Director, Security, Safety, and Law Enforcement, Bureau of Reclamation, 
6th and Kipling, Building 67, Denver, CO 80225.

FOR FURTHER INFORMATION CONTACT: Gary Anderson, Safety, and Law 
Enforcement, Bureau of Reclamation, 6th and Kipling, Building 67, 
Denver, CO 80225. Telephone (303) 445-2891

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 11, 2001, terrorists launched attacks on targets 
within the United States. Following the terrorist attacks, on November 
12, 2001, Congress enacted Public Law 107-69 (now codified at 43 U.S.C. 
373b and 373c), for the purpose of providing law enforcement authority 
within Reclamation projects and on Reclamation lands. Section 1(a) of 
Public Law 107-69 law requires Reclamation to ``issue regulations 
necessary to maintain law and order and protect persons and property 
within Reclamation projects and on Reclamation lands.'' Pursuant to 
that statutory requirement, Reclamation issued a final rule, 43 CFR 
part 423, Public Conduct on Bureau of Reclamation Lands and Projects, 
on April 17, 2002 (now codified at 43 CFR 423.1-423.10). That rule's 
preamble set the rule to expire on April 17, 2003, based on 
Reclamation's intent to develop a more comprehensive public conduct 
rule by that date.
    A more comprehensive rule is currently under development, but 
additional time is needed to complete that rulemaking. In order to 
avoid a period during which no rule is in place addressing public 
conduct on our lands and facilities, Reclamation has decided to extend 
the expiration date of the existing rule from April 17, 2003, to April 
17, 2005.

II. Procedural Requirements

A. Determination To Issue Final Rule Without Notice and Comment, and 
Effective in Less Than 30 Days

    The Administrative Procedure Act (APA) generally requires agencies 
to provide advance notice and an opportunity to comment on agency 
rulemakings. However, the APA allows an agency to promulgate rules 
without notice and comment when an agency, for good cause, finds that 
notice and public comment are ``impracticable, unnecessary, or contrary 
to the public interest.'' (5 U.S.C. 553(b)(3)(B)). To the extent that 5 
U.S.C. section 553 applies to the rule, good cause exists to exempt 
this rulemaking from advance notice and comment.
    Allowing a period for advance notice could result in the expiration 
of the existing rule before this rule, which extends the expiration 
date, goes into effect. A period without a rule in place addressing 
public conduct on Reclamation lands and projects would result in a 
serious disruption in the protection of Reclamation facilities and 
property, with accompanying confusion to employees and the public. Such 
disruption and confusion would be contrary to public and national 
security interests.
    We expect to issue a comprehensive rule that would supersede the 
existing rule in the near future. Establishing a public comment period 
for the extension of the existing rule's expiration date is likely to 
create significant public confusion in that such a comment period might 
closely coincide with the comment period on the proposed comprehensive 
rule.
    Finally, the existing rule which was issued on April 17, 2002, 
generated virtually no public reaction. Despite our request for 
comments on the rule, we received only one nonsubstantive comment. 
Therefore, it is not reasonable to expect that mere extension of the 
rule's expiration date would result in substantive comments from the 
public.
    For the foregoing reasons, we conclude it is impracticable, 
unnecessary, and contrary to the public interest to request public 
comment on this rule.
    We have also determined that good cause exists to waive the 
requirement of publication 30 days in advance of the rule's effective 
date under 5 U.S.C. 553(d)(3). As discussed above, it is essential that 
the existing rule's expiration date be extended before the rule 
expires. If the rule expired without any additional action, Reclamation 
would face a situation in which no rule exists governing public conduct 
on Reclamation facilities and property. Such a situation would be 
harmful to the security of Reclamation facilities and property and 
therefore not in the public interest, as well as national security 
interests. Also, a period during which no rule was in effect would 
create both legal and public confusion. Finally, even if the 30-day 
period were

[[Page 16215]]

to end prior to the existing rule's expiration date, the effective 
result would be identical to having the expiration date removed 
immediately. Because an immediate effective date will sustain security, 
reduce the opportunity for legal and public confusion, and have no 
negative consequences, good cause exists for making this rule effective 
immediately as allowed by 5 U.S.C. 553(d)(3).

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). Since this rule merely extends the expiration date of the 
existing 43 CFR part 423, the information in the compliance statements 
that we published on April 17, 2002, with the existing rule continue to 
apply.

List of Subjects in 43 CFR part 423

    Dams, Security measures, Irrigation.

    Dated: March 27, 2003.
R. Thomas Weimer,
Deputy Assistant Secretary, Water and Science.
[FR Doc. 03-8110 Filed 4-2-03; 8:45 am]
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