[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15778-15779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6190]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 423

RIN 1006-AA49


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

AGENCY: Bureau of Reclamation, Interior.

ACTION: Final rule.

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SUMMARY: In 2002 the Bureau of Reclamation published a final rule 
governing public conduct on Bureau of Reclamation Lands (the 2002 
rule). The 2002 rule will expire on April 17, 2005. We are developing a 
new rule to replace the 2002 rule, but the new rule will not be 
finalized by April 17. This rule extends the effective date of the 2002 
rule to allow us time to develop and publish the new rule.

DATES: The extension of the expiration date of 43 CFR part 423, Public 
Conduct on Bureau of Reclamation Lands and Projects, from April 17, 
2005, to April 17, 2006, is effective on March 29, 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, P.O. Box 25007, Denver, Co. 80225.

FOR FURTHER INFORMATION CONTACT: Gary Anderson, (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), to provide law enforcement authority within Reclamation 
projects and on Reclamation lands. Section 1(a) of Public Law 107-69 
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 
Reclamation Lands and Projects, on April 17, 2002 (now codified at 43 
CFR 423.1-10). 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. On April 3, 2003, Reclamation 
extended that expiration date to April 17, 2005.
    A more comprehensive rule is currently under development, but 
additional time is needed to complete that rulemaking. In order to 
avoid a time 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, 2005, to April 
17, 2006.

II. Procedural Requirements

A. Determination To Issue Final Rule Without Notice and Comment

    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. 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.

B. Determination To Make Rule Effective Immediately

    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. This disruption and 
confusion would be contrary to public and national security interests. 
For these reasons, the Bureau of Reclamation has determined it 
appropriate to waive the requirement of publication 30 days in advance 
of the effective date. As allowed by 5 U.S.C. 553(d)(3), this rule is 
effective immediately because it is in the public interest not to delay 
implementation of this amendment.

C. 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 this rule does not trigger any of the 
procedural requirements of those statutes and executive orders because 
it merely extends the expiration date of the existing rule.

List of Subjects in 43 CFR Part 423

    Law enforcement, Penalties, Public lands.

    For the reasons set forth in the preamble, the Bureau of 
Reclamation extends the expiration date of 43 CFR part 423 from April 
17, 2005, to April 17, 2006.


[[Page 15779]]


    Dated: February 25, 2005.
R. Thomas Weimer,
Acting Assistant Secretary--Water and Science.
[FR Doc. 05-6190 Filed 3-28-05; 8:45 am]
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