# Semiannual Regulatory Agenda > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-29868 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 23, 2016 - **Citation:** 81 FR 94769 ## Text DEPARTMENT OF THE INTERIOR Office of the Secretary 25 CFR Ch. I 30 CFR Chs. II and VII 36 CFR Ch. I 43 CFR Subtitle A, Chs. I and II 48 CFR Ch. 14 50 CFR Chs. I and IV [167D0102DM; DS6CS00000; DLSN00000.00000; DX6CS25] Semiannual Regulatory Agenda AGENCY: Office of the Secretary, Interior. ACTION: Semiannual regulatory agenda. SUMMARY: This notice provides the unified agenda of rules scheduled for review or development between fall 2016 and fall 2017. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda. ADDRESSES: Unless otherwise indicated, all agency contacts are located at the Department of the Interior, 1849 C Street NW., Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: You should direct all comments and inquiries to the about these rules to the appropriate agency contact. You should direct general comments relating to the agenda to the Office of Executive Secretariat and Regulatory Affairs, Department of the Interior, at the address above or at 202-208-3181. SUPPLEMENTARY INFORMATION: With this publication, the Department satisfies the requirement of Executive Order 12866 that the Department publish an agenda of rules that we have issued or expect to issue and of currently effective rules that we have scheduled for review. Simultaneously, the Department meets the requirement of the Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) to publish an agenda in April and October of each year identifying rules that will have significant economic effects on a substantial number of small entities. We have specifically identified in the agenda rules that will have such effects. This edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions includes The Regulatory Plan, which appears in both the online Unified Agenda and in part II of the Federal Register that includes the Unified Agenda. The Department's Statement of Regulatory Priorities is included in the Plan. Mark Lawyer, Federal Register Liaison Officer. Bureau of Safety and Environmental Enforcement—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 331 Cost Recovery Adjustment 1014-AA31 Bureau of Safety and Environmental Enforcement—Completed Action Sequence No. Title Regulation Identifier No. 332 Production Safety Systems and Lifecycle Analysis 1014-AA10 Assistant Secretary for Land and Minerals Management—Completed Actions Sequence No. Title Regulation Identifier No. 333 Arctic Regulations 1082-AA00 United States Fish and Wildlife Service—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 334 Migratory Bird Permits; Incidental Take of Migratory Birds 1018-BA69 335 Migratory Bird Hunting; 2018-2019 Migratory Game Bird Hunting Regulations 1018-BB73 United States Fish and Wildlife Service—Final Rule Stage Sequence No. Title Regulation Identifier No. 336 National Wildlife Refuge System; Management of Non-Federal Oil and Gas Rights 1018-AX36 National Park Service—Final Rule Stage Sequence No. Title Regulation Identifier No. 337 Non-Federal Oil and Gas Rights 1024-AD78 Office of Surface Mining Reclamation and Enforcement—Final Rule Stage Sequence No. Title Regulation Identifier No. 338 Stream Protection Rule 1029-AC63 Bureau of Land Management—Final Rule Stage Sequence No. Title Regulation Identifier No. 339 Waste Prevention, Production Subject to Royalties, and Resource Conservation 1004-AE14 340 Onshore Oil and Gas Order 4: Oil Measurement 1004-AE16 DEPARTMENT OF THE INTERIOR (DOI) Bureau of Safety and Environmental Enforcement (BSEE) Proposed Rule Stage 331. Cost Recovery Adjustment Legal Authority: 31 U.S.C. 9701 Abstract: This rule would update 31 cost recovery fees to allow the Bureau of Safety and Environmental Enforcement to recover the full costs of the services it provides to the oil and gas industry. It complies with the Independent Office Appropriations Act of 1952 which established that government services should be self-sustaining to the extent possible. Rulemaking is the only method available to update these fees and comply with the intent of Congress to recover government costs when a special benefit is bestowed on an identifiable recipient. The practice of cost recovery is well-established and this rulemaking is not expected to be controversial. Timetable: Action Date FR Cite NPRM 11/00/16 Final Action 04/00/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kimberly Monaco, Department of the Interior, Bureau of Safety and Environmental Enforcement, 1849 C Street NW., Washington, DC 20240, Phone: 703 787-1658. RIN: 1014-AA31 DEPARTMENT OF THE INTERIOR (DOI) Bureau of Safety and Environmental Enforcement (BSEE) Completed Actions 332. Production Safety Systems and Lifecycle Analysis Legal Authority: 31 U.S.C. 9701; 43 U.S.C. 1334 Abstract: The Bureau of Safety and Environmental Enforcement (BSEE) will amend and update the regulations regarding offshore oil and natural gas production. It will address issues such as production safety systems, subsurface safety devices, and safety device testing. BSEE has expanded the rule to differentiate the requirements for operating dry tree and wet tree production systems on the Outer Continental Shelf (OCS). This rule will also expand use of life cycle analysis of critical equipment. Completed: Reason Date FR Cite Final Action 09/07/16 81 FR 61834 Final Action Effective 11/07/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Lakeisha Harrison, Phone: 703 787-1552, Fax: 703 787-1555, Email: lakeisha.harrison@bsee.gov. RIN: 1014-AA10 DEPARTMENT OF THE INTERIOR (DOI) Assistant Secretary for Land and Minerals Management (ASLM) Completed Actions 333. Arctic Regulations Legal Authority: 34 U.S.C. 1331 et seq. Abstract: The Department of the Interior, through the Bureau of Ocean Energy Management and Bureau of Safety and Environmental Enforcement, is developing joint proposed rules to promote safe, responsible, and effective drilling activities on the Arctic Continental Shelf, while also ensuring the protection of Alaska's coastal communities and the marine environment. Completed: Reason Date FR Cite Final Action 07/15/16 81 FR 46478 Final Action Effective 09/13/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael Farber, Phone: 202 208-3976, Email: michael.farber@bsee.com . RIN: 1082-AA00 DEPARTMENT OF THE INTERIOR (DOI) United States Fish and Wildlife Service (FWS) Proposed Rule Stage 334. Migratory Bird Permits; Incidental Take of Migratory Birds Legal Authority: 16 U.S.C. 703 to 712; 42 U.S.C. 4321 et seq. Abstract: We are preparing a programmatic environmental impact statement (PEIS) pursuant to the National Environmental Policy Act of 1969 (NEPA) to evaluate the potential environmental impacts of a proposal to authorize incidental take of migratory birds under the Migratory Bird Treaty Act (16 U.S.C. 703 to 711). In drafting the PEIS, we invited input from other Federal and State agencies, tribes, nongovernmental organizations, and members of the public on the scope of the proposed NEPA analysis, the pertinent issues we should address, and alternatives to our proposed approach for authorizing incidental take. Based on this PEIS, we propose to establish regulations to govern the incidental take of migratory birds from activities under which migratory birds are killed incidental to otherwise lawful activities. These proposed regulations will establish rules for individual permits and programmatic agreements with Federal agencies and will establish the basis for future rulemaking for general authorizations for incidental take of migratory birds. Timetable: Action Date FR Cite Notice 05/26/15 80 FR 30032 Comment Period End 07/27/15 NPRM 12/00/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Stephen Earsom, Biologist--Pilot, Regions 4 & 5 Aviation Manager, Department of the Interior, United States Fish and Wildlife Service, 11510 American Holly Drive, Laurel, MD 20708, Phone: 301 980-8711, Email: stephen_earsom@fws.gov . RIN: 1018-BA69 335. • Migratory Bird Hunting; 2018-2019 Migratory Game Bird Hunting Regulations Legal Authority: 16 U.S.C. 703 to 711; 16 U.S.C. 742a-j Abstract: We propose to establish annual hunting regulations for certain migratory game birds for the 2018-2019 hunting season. We annually prescribe outside limits (frameworks), within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2018-2019 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2018 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions. Timetable: Action Date FR Cite NPRM 05/00/17 Final Action 03/00/18 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ronald Kokel, Wildlife Biologist, Division of Migratory Bird Management, Department of the Interior, United States Fish and Wildlife Service, 5275 Leesburg Pike, MS: MB, Falls Church, VA 22041-3808, Phone: 703 358-1714, Email: ronald_kokel@fws.gov . RIN: 1018-BB73 DEPARTMENT OF THE INTERIOR (DOI) United States Fish and Wildlife Service (FWS) Final Rule Stage 336. National Wildlife Refuge System; Management of Non-Federal Oil and Gas Rights Legal Authority: 16 U.S.C. 668dd to ee; 42 U.S.C. 7401 et seq.; 16 U.S.C. 1131 to 1136; 40 CFR 51.300 to 51.309 Abstract: We anticipate publishing regulations that ensure that all operators conducting oil or gas operations within a National Wildlife Refuge System unit do so in a manner that prevents or minimizes damage to National Wildlife Refuge System resources, visitor values, and management objectives. These regulations will not result in a taking of a property interest, but rather to impose reasonable controls on operations that affect federally owned or controlled lands, and/or waters. Timetable: Action Date FR Cite ANPRM 02/24/14 79 FR 10080 ANPRM Comment Period End 04/25/14 ANPRM Comment Period Reopened 06/09/14 79 FR 32903 ANPRM Comment Period Reopening End 07/09/14 NPRM 12/11/15 80 FR 77200 NPRM Comment Period End 02/09/16 NPRM; Final Environmental Impact Statement 08/22/16 81 FR 56575 Final Action 12/00/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jillian Cohen, Conservation Policy Analyst, Department of the Interior, United States Fish and Wildlife Service, 5275 Leesburg Pike, MS: NWRS, Falls Church, VA 22041, Phone: 703 358-1764, Email: jillian_cohen@fws.gov . RIN: 1018-AX36 DEPARTMENT OF THE INTERIOR (DOI) National Park Service (NPS) Final Rule Stage 337. Non-Federal Oil and Gas Rights Legal Authority: 54 U.S.C. 100101; 54 U.S.C. 100301; 54 U.S.C. 100302; 54 U.S.C. 100731; 54 U.S.C. 100732 Abstract: This rule would update National Park Service (NPS) regulations governing the exercise of non-Federal oil and gas rights within NPS unit boundaries outside of Alaska. It would accommodate new technology and industry practices, eliminate regulatory exemptions, update requirements, remove caps on bond amounts, and allow NPS to recover administrative costs. The changes make the regulations more effective and efficient and maintain the highest level of protection compatible with park resources and values. Timetable: Action Date FR Cite ANPRM 11/25/09 74 FR 61596 ANPRM Comment Period End 01/25/10 NPRM 10/26/15 80 FR 65571 NPRM Comment Period End 12/28/15 Final Action 12/00/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Edward O. Kassman Jr., Geologic Resources Division, Department of the Interior, National Park Service, P.O. Box 25287, Denver, CO 80225, Phone: 303 969-2146, Email: edward_kassman@nps.gov . RIN: 1024-AD78 DEPARTMENT OF THE INTERIOR (DOI) Office of Surface Mining Reclamation and Enforcement (OSMRE) Final Rule Stage 338. Stream Protection Rule Legal Authority: 30 U.S.C. 1201 et seq. Abstract: This rule revises our regulations to improve the balance between environmental protection and the Nation's need for coal as a source of energy. This final rule will better protect streams, fish, wildlife, and related environmental values from the adverse impacts of surface coal mining operations and provide mine operators with a regulatory framework to avoid water pollution and the long-term costs associated with water treatment. Timetable: Action Date FR Cite ANPRM 11/30/09 74 FR 62664 ANPRM Comment Period End 12/30/09 NPRM 07/27/15 80 FR 44436 NPRM Comment Period Extended 09/10/15 80 FR 54590 NPRM Comment Period End 09/25/15 NPRM Comment Period Extended End 10/26/15 Final Action 11/00/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dennis Rice, Regulatory Analyst, Department of the Interior, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue NW., Washington, DC 20240, Phone: 202 208-2829, Email: drice@osmre.gov . RIN: 1029-AC63 DEPARTMENT OF THE INTERIOR (DOI) Bureau of Land Management (BLM) Final Rule Stage 339. Waste Prevention, Production Subject to Royalties, and Resource Conservation Legal Authority: 25 U.S.C. 396d; 25 U.S.C. 2107; 30 U.S.C. 189; 30 U.S.C. 306; 30 U.S.C. 359; 30 U.S.C. 1751; 43 U.S.C. 1732(b); 43 U.S.C. 1733; 43 U.S.C. 1740 Abstract: The rule would update decades-old standards to reduce wasteful venting, flaring, and leaks of natural gas from onshore wells located on Federal and Indian oil and gas leases. The proposed standards would establish requirements and incentives to reduce waste of gas and clarify when royalties apply to lost gas. This action will enhance our energy security and economy by boosting America's natural gas supplies, ensuring that taxpayers receive the royalties due to them from development of public resources, and reducing emissions. Timetable: Action Date FR Cite NPRM 02/08/16 81 FR 6616 NPRM Comment Period Extended 04/04/16 81 FR 19110 NPRM Comment Period End 04/08/16 NPRM Comment Period Extended End 04/22/16 Final Action 11/00/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Steven Wells, Division Chief, Fluid Minerals Division, Department of the Interior, Bureau of Land Management, Room 2134 LM, 20 M Street SE., Washington, DC 20003, Phone: 202 912-7143, Fax: 202 912-7194, Email: s1wells@blm.gov . RIN: 1004-AE14 340. Onshore Oil and Gas Order 4: Oil Measurement Legal Authority: 25 U.S.C. 396(d); 25 U.S.C. 2107; 30 U.S.C. 189; 30 U.S.C. 306; 30 U.S.C. 359; 30 U.S.C. 1751; 43 U.S.C. 1732(b); 43 U.S.C. 1733; 43 U.S.C. 1740 Abstract: Onshore Order 4 establishes minimum standards to ensure liquid hydrocarbons are accurately measured and reported. This Order was last updated in 1989, and since then changes in technology have allowed for more accurate fluid measurement. This order will incorporate current industry standards and allow for the use of new technology. Timetable: Action Date FR Cite NPRM 09/30/15 80 FR 58952 NPRM Comment Period Extended 11/23/15 80 FR 72943 NPRM Comment Period End 11/30/15 NPRM Comment Period Extended End 12/14/15 Final Action 11/00/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Steven Wells, Division Chief, Fluid Minerals Division, Department of the Interior, Bureau of Land Management, Room 2134 LM, 20 M Street SE., Washington, DC 20003, Phone: 202 912-7143, Fax: 202 912-7194, Email: s1wells@blm.gov . RIN: 1004-AE16 [FR Doc. 2016-29868 Filed 12-22-16; 8:45 am] BILLING CODE 4334-63-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2016-29868. Public record. Not legal advice.