[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Rules and Regulations]
[Pages 5714-5716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2541]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 29

[Docket No. FWS-R9-NWRS-2011-0108; FVRS84510900000U2-12X-FF09R50000]
RIN 1018-AU89


Change of Addresses for Regional Offices, Addition of One New 
Address, and Correction of Names of House and Senate Committees We Must 
Notify

AGENCY: Fish and Wildlife Service, Department of the Interior.

ACTION: Final rule; technical amendment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (we, or the Service), 
are revising our rights-of-way (ROW) general regulations, to update or 
add addresses of several Service Regional Offices, and to correct the 
names of the House and Senate Committees we must notify upon receipt of 
an application for a right-of-way for an oil and gas pipeline that is 
24 inches or more in diameter and again before granting a right-of-way.

DATES: This rule is effective on February 6, 2012.

ADDRESSES: Chief, Division of Realty, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 622, 
Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Janet Bruner, (703) 358-2287.

SUPPLEMENTARY INFORMATION: We are revising our ROW general regulations 
at 50 CFR part 29, which prescribe the procedures for filing 
applications for ROWs over and across Service-administered lands and 
the terms and conditions under which we grant these ROWs, to update or 
add addresses of several Service Regional Offices and to correct the 
names of the House and Senate Committees we must notify upon receipt of 
an application for a right-of-way for an oil and gas pipeline that is 
24 inches or more in diameter and again before granting a right-of-way.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable,

[[Page 5715]]

unnecessary, or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. We 
have determined that there is good cause for making this rule final 
without prior proposal and opportunity for comment because we are 
merely updating the addresses for four of the Service's Regional 
Offices, adding an address for one of the Service's Regional Offices, 
and correcting the names of the House and Senate Committees we must 
notify upon receipt of an application for a right-of-way for an oil and 
gas pipeline that is 24 inches or more in diameter and again before 
granting a right-of-way. Thus, notice and public procedure are 
unnecessary. We find that this constitutes good cause under 5 U.S.C. 
553(b)(3)(B).
    In accordance with 5 U.S.C. 553(d), the Service finds there is good 
cause for this action to become effective immediately upon publication. 
The immediate effective date for this action is authorized under 5 
U.S.C. 553(d)(3), which allows an effective date less than 30 days 
after publication ``as otherwise provided by the agency for good cause 
found and published with the rule.'' The purpose of the 30-day waiting 
period prescribed in section 553(d) is to give affected parties a 
reasonable time to adjust their behavior and prepare before the final 
rule takes effect. This rule, however, does not create any new 
regulatory requirements such that affected parties would need time to 
prepare before the rule takes effect. Rather, this rule simply updates, 
corrects, and adds addresses for the Service's Regional Offices, and 
corrects the names of the House and Senate Committees we must notify 
upon receipt of an application for a right-of-way for an oil and gas 
pipeline that is 24 inches or more in diameter and again before 
granting a right-of-way. For this reason, the Service finds good cause 
under 5 U.S.C. 553(d)(3) for this action to become effective on the 
date of publication of this action.

Statutory and Executive Order Reviews

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. We have determined that there is good cause for 
making this rule final without prior proposal and opportunity for 
comment because we are merely updating the addresses for four of the 
Service's Regional Offices, adding an address for one of the Service's 
Regional Offices, and correcting the names of the House and Senate 
Committees we must notify upon receipt of an application for a right-
of-way for an oil and gas pipeline that is 24 inches or more in 
diameter and again before granting a right-of-way. Thus, notice and 
public procedure are unnecessary. We find that this constitutes good 
cause under 5 U.S.C. 553(b)(3)(B).

Review Under Procedural Statutes and Executive Orders

    We have reviewed this 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 Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq.; the National Environmental Policy Act of 
1969, 42 U.S.C. 4321 et seq.; Executive Order 12630 (Takings); 
Executive Order 12866 (Regulatory Planning and Review); Executive Order 
12988 (Civil Justice Reform); Executive Order 13045 (Economic 
Significance); Executive Order 13132 (Federalism); Executive Order 
13175 (Tribal Consultation); and Executive Order 13211 (Energy 
Impacts). This rule does not trigger any of the procedural requirements 
of those statutes and executive orders, since this rule merely updates 
and adds addresses for Fish and Wildlife Service offices, and corrects 
the names of the House and Senate Committees we must notify upon 
receipt of an application for a right-of-way for an oil and gas 
pipeline that is 24 inches or more in diameter and again before 
granting a right-of-way.

Other Statutory and Executive Order Reviews

    This rule is not subject to Executive Order 12045 (62 FR 19885, 
April 23, 1997), because it is not economically significant. This 
action does not involve technical standards; thus the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 271 et seq.) do not apply. This rule also does not 
require special consideration of issues related to environmental 
justice as required by Executive Order 12898.

Submission to Congress and the Comptroller General

    The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.) as added 
by the Small Business Regulatory Enforcement Fairness Act of 1966, 
generally provides that, before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary, or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, the Service has made such a good cause finding, 
including the reasons therefore, and established an effective date 
immediately upon publication in the Federal Register. The Service will 
submit a report containing this rule and other required information to 
the U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. These updates and the addition to 50 CFR part 29 do 
not constitute a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 50 CFR Part 29

    Public lands--mineral resources, Public lands--rights-of-way, 
Wildlife refuges.

Regulation Promulgation

    For the reasons set forth in the preamble, we amend title 50, 
chapter I, subchapter C of the Code of Federal Regulations as follows:

PART 29--LAND USE MANAGEMENT

0
1. The authority citation for part 29 continues to read as follows:

    Authority: Sec. 2, 33 Stat. 614, as amended, sec. 5, 43 Stat. 
651, secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 2, 48 Stat. 402, as 
amended, 1270, sec. 4, 76 Stat. 645; 5 U.S.C. 301, 16 U.S.C. 668dd, 
685, 725, 690d, 715i, 664, 43 U.S.C. 315a, 16 U.S.C. 460k; 80 Stat. 
926.

0
2. Amend Sec.  29.21-2 by:
0
a. Revising the introductory text of paragraph (c) and paragraphs 
(c)(1) and (c)(3) through (c)(5); and
0
b. Adding a new paragraph (c)(8), to read as follows:


Sec.  29.21-2  Application procedures.

* * * * *
    (c) Regional Directors' addresses. (1) For the States of Hawaii, 
Idaho, Oregon, and Washington; the Territories of American Samoa and 
Guam; the Commonwealth of the Northern Mariana Islands; the Freely 
Associated States of the Federated States of Micronesia; and

[[Page 5716]]

the Republics of the Marshall Islands and Palau: Regional Director, 
U.S. Fish and Wildlife Service, 911 NE 11th Avenue, Portland, Oregon 
97232.
* * * * *
    (3) For the States of Illinois, Indiana, Iowa, Michigan, Minnesota, 
Missouri, Ohio, and Wisconsin: Regional Director, U.S. Fish and 
Wildlife Service, 5600 American Blvd. West, Suite 990, Bloomington, 
Minnesota 55437-1458.
    (4) For the States of Alabama, Arkansas, Florida, Georgia, 
Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and 
Tennessee; the Commonwealth of Puerto Rico; and the U.S. Virgin 
Islands: Regional Director, U.S. Fish and Wildlife Service, 1875 
Century Blvd., Atlanta, Georgia 30345.
    (5) For the States of Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Hampshire, New York, New Jersey, Pennsylvania, Rhode 
Island, Vermont, Virginia, and West Virginia: Regional Director, U.S. 
Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, 
Massachusetts 01035.
* * * * *
    (8) For the States of California and Nevada: Regional Director, 
U.S. Fish and Wildlife Service, 2800 Cottage Way, Sacramento, 
California 95825.

0
3. Amend Sec.  29.21-9 by revising paragraph (m) to read as follows:


Sec.  29.21-9  Rights-of-way for pipelines for the transportation of 
oil, natural gas, synthetic liquid or gaseous fuels, or any refined 
product produced therefrom.

* * * * *
    (m) Congressional notification. The Secretary shall promptly notify 
the Committee on Natural Resources of the United States House of 
Representatives and the Committee on Energy and Natural Resources of 
the United States Senate upon receipt of an application for a right-of-
way for pipeline 24 inches or more in diameter, and no right-of-way for 
such a pipeline shall be granted until 60 days (not including days on 
which the House or Senate has adjourned for more than three days) after 
a notice of intention to grant the right-of-way, together with the 
Secretary's detailed findings as to the terms and conditions he 
proposes to impose, has been submitted to such committees.

    Dated: January 24, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-2541 Filed 2-3-12; 8:45 am]
BILLING CODE 4310-55-P