[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Rules and Regulations]
[Pages 31755-31756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11015]



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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: Final rule.

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SUMMARY: This rule makes public conduct at Hoover Dam subject to the 
same rules governing public conduct at other Bureau of Reclamation 
facilities. In order to do this, Reclamation is removing from the Code 
of Federal Regulations the existing 43 CFR part 421 (Rules of Conduct 
at Hoover Dam) and making public conduct on all Reclamation projects 
subject to 43 CFR part 423 (Public Conduct on Bureau of Reclamation 
Facilities, Lands, and Waterbodies).

DATES: This rule is effective on July 9, 2007.

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 is 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. Comments on the Proposed Rule

    Reclamation received no comments on the proposed rule which was 
published in the Federal Register on September 28, 2006 (71 FR 56921). 
Therefore, the text of this final rule is identical to the proposed 
rule.

III. 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

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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 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.

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: May 2, 2007.
Mark Limbaugh,
Assistant Secretary--Water and Science.

0
For the reasons set forth in the preamble, the Bureau of Reclamation 
amends 43 CFR Chapter 1 as follows:

PART 421--[REMOVED]

0
1. Under the authority of 43 U.S.C. 373b and 16 U.S.C. 460l-31, part 
421 is removed.

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

0
2. The authority citation for part 423 continues to read as follows:

    Authority: Public Law 107-69 (November 12, 2001) (Law 
Enforcement Authority) (43 U.S.C. 373b and 373c); Public Law 102-
575, Title XXVIII (October 30, 1992) (16 U.S.C. 460l-31 through 34); 
Public Law 89-72 (July 9, 1965) (16 U.S.C. 460l-12); Public Law 106-
206 (May 26, 2000) (16 U.S.C. 460l-6d); Public Law 59-209 (June 8, 
1906) (16 U.S.C. 431-433); Public Law 96-95 (October 31, 1979) (16 
U.S.C. 470aa-mm).


0
3. In Sec.  423.3, remove paragraph (a)(5) and revise paragraphs (a)(3) 
and (a)(4) to read as follows:


Sec.  423.3  When does this part apply?

    (a) * * *
    (3) Certain exceptions apply on Reclamation facilities, lands, and 
waterbodies administered by other Federal agencies, as further 
addressed in paragraph (d) of this section; and
    (4) Certain exceptions apply on Reclamation facilities, lands, and 
waterbodies subject to treaties and Federal laws concerning tribes and 
Indians, as further addressed in paragraph (e) of this section.
* * * * *
 [FR Doc. E7-11015 Filed 6-7-07; 8:45 am]
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