[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Proposed Rules]
[Pages 56921-56923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15916]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Parts 421 and 423

RIN 1006-AA52


Public Conduct on Bureau of Reclamation Facilities, Lands, and 
Waterbodies; Inclusion of Hoover Dam

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would make public conduct at Hoover Dam 
subject to the same rules governing

[[Page 56922]]

public conduct at other Bureau of Reclamation facilities. In order to 
do this, Reclamation is proposing to remove from the Code of Federal 
Regulations the existing 43 CFR Part 421 (Rules of Conduct at Hoover 
Dam) and make public conduct on all Reclamation projects subject to 43 
CFR Part 423 (Public Conduct on Bureau of Reclamation Facilities, 
Lands, and Waterbodies).

DATES: Submit comments by November 27, 2006.

ADDRESSES: You may submit comments, identified by the number 1006-AA52, 
by any of the following methods:

--Use the Federal rulemaking portal: http://www.regulations.gov Follow 
the instructions for submitting comments.
--By e-mail: [email protected] Please 
include the number 1006-AA52 in the subject line of the e-mail.
--By fax to: 720-544-4208.
--By mail to the Deputy Commissioner, Policy, Administration, and 
Budget, Bureau of Reclamation, 1849 C Street NW., Washington, DC 20240-
0001.
--By hand delivery to the Deputy Commissioner, Policy, Administration, 
and Budget, Bureau of Reclamation, 1849 C Street NW., Washington, DC 
20240-0001.

FOR FURTHER INFORMATION CONTACT: Gary L. Anderson, Code 84-41000, 
Bureau of Reclamation, P.O. Box 25007, Denver, Colorado 80225, 
telephone 303-445-2891.

SUPPLEMENTARY INFORMATION: 

I. Background

    On February 7, 1974, the Bureau of Reclamation published 43 CFR 
Part 421, Rules of Conduct at Hoover Dam, to address matters of 
security and public conduct at the dam site. 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 to maintain law and order and protect 
persons and property on all Reclamation projects. 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, and replaced that rule with a more comprehensive rule 
on April 17, 2006.
    Initially, Reclamation concluded that Hoover Dam need not be 
included under the new public conduct rule because 43 CFR Part 421 was 
already in place and was sufficient to serve the needs of the Hoover 
Dam area. However, upon further review, Reclamation has determined that 
it would be desirable to make all Reclamation projects subject to the 
same set of public conduct regulations. Having a single Reclamation 
public conduct rule will help reduce possibilities for confusion on the 
part of visitors to Reclamation projects.
    Reclamation has also determined that rescinding 43 CFR Part 421 and 
making the Hoover Dam area subject to the new public conduct rule will 
not result in significant impacts to the public.

II. Procedural Requirements

1. Regulatory Planning and Review (E.O. 12866)

    The Office of Management and Budget has determined that this 
document is not a significant rule and has not reviewed this rule under 
Executive Order 12866. We have conducted the analyses required by E.O. 
12866 and the results are given below.
    (a) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. This rule only addresses public conduct at Hoover Dam.
    (b) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. This rule 
only addresses public conduct at Hoover Dam.
    (c) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule only addresses public conduct at Hoover 
Dam.
    (d) This rule does not raise novel legal or policy issues. This 
rule only addresses public conduct at Hoover Dam.

2. Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
This rule only addresses public conduct at Hoover Dam.

3. Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. This rule only addresses public conduct at Hoover Dam.
    (b) Does not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule only addresses public 
conduct at Hoover Dam.
    (c) Does 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. This 
rule only addresses public conduct at Hoover Dam.

4. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. This rule only 
addresses public conduct at Hoover Dam. A statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.) is not required.

5. Takings (E.O. 12630)

    Under the criteria in Executive Order 12630, the rule does not have 
significant takings implications. This rule only addresses public 
conduct at Hoover Dam. A takings implication assessment is not 
required.

6. Federalism (E.O. 13132)

    Under the criteria in Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This rule only addresses public conduct at 
Hoover Dam. A Federalism Assessment is not required.

 7. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Does not unduly burden the judicial system;
    (b) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation;
    (c) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

8. Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in E.O. 13175, we have evaluated this rule and 
determined

[[Page 56923]]

that it has no potential effects on federally recognized Indian Tribes. 
This rule only addresses public conduct at Hoover Dam.

9. Paperwork Reduction Act

    This rule does not require an information collection from 10 or 
more parties and a submission under the Paperwork Reduction Act is not 
required. An OMB form 83-I is not required.

10. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required.

11. Data Quality Act

    In developing this rule we did not conduct or use a study 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554).

12. Effects on the Energy Supply (E. O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A statement of energy effects is not 
required.

13. Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means each rule we publish must:

--Be logically organized;
--Use the active voice to address readers directly;
--Use clear language rather than jargon;
--Be divided into short sections and sentences;
--Use lists and tables wherever possible.

    If you feel we have not met these requirements, send us comments as 
instructed in the ADDRESSES section. To better help us revise the rule, 
your comments should be as specific as possible. For example, you 
should tell us the numbers of the specific sections that are unclearly 
written, which sections or sentences are too long, the sections where 
you feel lists or table would be useful, etc.

14. Public Comments

    If you wish to comment on this proposed rule, you may submit your 
comments by any of the methods listed in the ADDRESSES section. Our 
practice is to make comments, including names and addresses of 
respondents, available for public review during business hours. In some 
circumstances we may withhold from the rulemaking record a respondent's 
identity or home address, as allowable by law. If you wish us to 
withhold your name and/or address, you must indicate your request 
prominently at the beginning of your comment. However, we will not 
consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

List of Subjects

43 CFR Part 421

    Law enforcement, Public conduct, Reclamation lands, Reclamation 
projects, Dams, Security measures.

43 CFR Part 423

    Law enforcement, Public conduct, Reclamation lands, Reclamation 
projects, Dams, Security measures.

    Dated: September 8, 2006.
Mark Limbaugh,
Assistant Secretary--Water and Science.
    For the reasons set forth in the preamble, the Bureau of 
Reclamation proposes to amend 43 CFR Chapter 1 as follows:

PART 421--RULES OF CONDUCT AT HOOVER DAM

    1. Part 421 is removed.

PART 423--PUBLIC CONDUCT ON BUREAU OF RECLAMATION FACILITIES, 
LANDS, AND WATERBODIES

    2. The authority citation for part 423 continues to read as 
follows:

    Authority: 43 U.S.C. 373b, 16 U.S.C. 460 1-31.


Sec.  423.3  [Amended]

    3. In Sec.  423.3 remove paragraph (a)(5).

 [FR Doc. E6-15916 Filed 9-27-06; 8:45 am]
BILLING CODE 4310-MN-P