[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2069-2070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00516]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 14

[NPS-WASO-24690; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE42


Rights of Way; Removal of Outdated Reference

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule removes an outdated reference to a document 
establishing environmental criteria for electric transmissions lines 
that is no longer used by the National Park Service to evaluate 
applications for right-of-way permits.

DATES: This rule is effective January 16, 2018.

FOR FURTHER INFORMATION CONTACT: Jay Calhoun, NPS Division of 
Jurisdiction, Regulations, and Special Park Uses, (202) 513-7112, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 1980, the National Park Service (NPS) promulgated 
regulations at 36 CFR part 14 that provide a process for the review, 
consideration, and approval or disapproval of requests for rights-of-
way across all areas of the National Park System. 45 FR 47092. Section 
14.78 describes the process for filing applications for rights-of-way 
for power transmission lines. Paragraph (b)(6)(i) of this section 
requires that the applicant include a detailed description of the 
environmental impact of the project that provides information about the 
impact of the project on airspace, air and water quality, scenic and 
aesthetic features, historical and archeological features, and 
wildlife, fish, and marine life. Paragraph (b)(6)(ii) requires that the 
proposed site, design, and construction of the project be consistent 
with a document entitled the ``Environmental Criteria for Electric 
Transmission Lines.'' This document was published by the Department of 
the Interior and the Department of Agriculture in 1970 and revised in 
1979. This document is no longer available and no longer used by the 
NPS to evaluate applications for right-of-way permits for power 
transmission lines.
    This rule removes paragraph (b)(6)(ii) from Sec.  14.78 because the 
reference to the environmental criteria document is obsolete and 
outdated. The NPS will continue to evaluate applications for rights-of-
way for power transmission lines in accordance the other provisions in 
subpart F of 36 CFR part 14. This rule also updates the authority line 
for 36 CFR part 14 to reflect the 2014 recodification of former 16 
U.S.C. 5 and 79 into 54 U.S.C. 100902.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The Executive Order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that agencies must base regulations on the best 
available science and the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    This rule is an E.O. 13771 deregulatory action because it will have 
costs less than zero. This rule will remove an outdated requirement. 
This will reduce the potential for confusion and may result in a more 
efficient application process for those applying for rights of way for 
power transmission lines across NPS-administered lands. This rule meets 
the goals of E.O. 13771 because the regulatory requirement

[[Page 2070]]

being removed is outdated and unnecessary.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more;
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions;
    (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.

Administrative Procedure Act (Notice of Proposed Rulemaking)

    We recognize that under 5 U.S.C. 553(b) and (c) notice of proposed 
rules ordinarily must be published in the Federal Register and the 
agency must give interested parties an opportunity to submit their 
views and comments. We have determined under 5 U.S.C. 553(b) and 318 DM 
HB 5.3, however, that notice and public comment for this rule are not 
required. We find good cause to treat notice and comment as 
unnecessary. As discussed above, the document entitled ``Environmental 
Criteria for Electric Transmission Lines'' is no longer used by the NPS 
to evaluate applications for right-of-way permits for power 
transmission lines. The current reference in 36 CFR 14.78(b)(6)(ii) is 
potentially confusing for right-of-way applicants and its removal will 
simply reflect how the NPS currently processes applications. This 
correction will not benefit from public comment, and further delaying 
it is contrary to the public interest.
    We also recognize that rules ordinarily do not become effective 
until at least 30 days after their publication in the Federal Register. 
We have determined, however, that good cause exists for all the rule to 
be effective immediately upon publication for the reasons stated above.

Unfunded Mandates Reform Act (UMRA)

    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 does not 
impose requirements on other agencies or governments. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. A Federalism 
summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    (a) Meets the criteria of section 3(a) requiring agencies to review 
all regulations to eliminate errors and ambiguity and write them to 
minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring agencies to 
write all regulations in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175 and have determined it has no substantial 
direct effects on federally recognized Indian tribes and consultation 
under the Department's tribal consultation policy is not required.

Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.)

    This rule does not contain new collections of information that 
require approval by the Office of Management and Budget under the PRA. 
The rule does not impose new recordkeeping or reporting requirements on 
State, tribal, or local governments; individuals; businesses; or 
organizations. We may not conduct or sponsor and you are not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.

National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the NEPA of 1969 is not required. We have determined the rule is 
categorically excluded under 43 CFR 46.210(i) because it is 
administrative, legal, and technical in nature. We also have determined 
the rule does not involve any of the extraordinary circumstances listed 
in 43 CFR 46.215 that would require further analysis under NEPA.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects in not 
required.
    Drafting Information: The primary author of this regulation was Jay 
Calhoun, Regulations Program Specialist, National Park Service.

List of Subjects in 36 CFR Part 14

    Electric power, Highways and roads, Public lands-rights-of-way.

    In consideration of the foregoing, the National Park Service amends 
36 CFR part 14 as follows:

PART 14--RIGHTS-OF-WAY

0
1. The authority citation for part 14 is revised to read as follows:

    Authority: 54 U.S.C. 100902; 23 U.S.C. 317.


Sec.  14.78   [Amended]

0
2. In Sec.  14.78, remove and reserve paragraph (b)(6)(ii).

Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, 
exercising the authority of the Assistant Secretary for Fish and 
Wildlife and Parks.
[FR Doc. 2018-00516 Filed 1-12-18; 8:45 am]
BILLING CODE 4310-EJ-P