Semiannual Regulatory Agenda

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 semiannual agenda of Department of the Interior (Department) rules scheduled for review or development between spring 2017 and spring 2018. 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:

Please direct all comments and inquiries about these rules to the appropriate agency contact. Please 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) 208-5257.

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.

In some cases, the Department has withdrawn rules that were placed on previous agendas for which there has been no publication activity or for which a proposed or interim rule was published. There is no legal significance to the omission of an item from this agenda. Withdrawal of a rule does not necessarily mean that the Department will not proceed with the rulemaking. Withdrawal allows the Department to assess the action further and determine whether rulemaking is appropriate. Following such an assessment, the Department may determine that certain rules listed as withdrawn under this agenda are appropriate for promulgation. If that determination is made, such rules will comply with Executive Order 13771.

Mark Lawyer,

Federal Register Liaison Officer.

Bureau of Safety and Environmental Enforcement—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

151

Cost Recovery Adjustment

1014-AA31

United States Fish and Wildlife Service—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

152

Migratory Bird Hunting; 2018-2019 Migratory Game Bird Hunting Regulations

1018-BB73

United States Fish and Wildlife Service—Completed Actions

Sequence No.

Title

Regulation

Identifier No.

153

National Wildlife Refuge System; Management of Non-Federal Oil and Gas Rights

1018-AX36

154

Migratory Bird Permits; Incidental Take of Migratory Birds

1018-BA69

National Park Service—Completed Actions

Sequence No.

Title

Regulation

Identifier No.

155

Non-Federal Oil and Gas Rights

1024-AD78

Office of Surface Mining Reclamation and Enforcement—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

156

Stream Protection Rule

1029-AC63

Bureau of Land Management—Completed Actions

Sequence No.

Title

Regulation

Identifier No.

157

Waste Prevention, Production Subject to Royalties, and Resource Conservation

1004-AE14

158

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

151. Cost Recovery Adjustment

Legal Authority:

31 U.S.C. 9701

Abstract:

This supplemental proposal will seek additional comments on the proposed adjustments to 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, and with OMB Circular A-25, which requires federal agencies to biannually review user charges and to determine whether new fees should be established for agency services. 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.

Timetable:

Action

Date

FR Cite

NPRM

11/17/16

81 FR 81033

NPRM Comment Period End

02/16/17

82 FR 1284

Supplemental NPRM

08/00/17

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)

United States Fish and Wildlife Service (FWS)

Proposed Rule Stage

152. 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

06/00/17

Supplemental

08/00/17

NPRM; Proposed Frameworks

12/00/17

NPRM; Proposed Tribal Regulations

01/00/18

Final Rule; Final Frameworks

03/00/18

Final Rule; Final Tribal Regulations

05/00/18

Final Rule; Final Season Selections

05/00/18

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)

Completed Actions

153. National Wildlife Refuge System; Management of Non-Federal Oil and Gas Rights

Legal Authority:

16 U.S.C. 668dd to 668ee; 42 U.S.C. 7401

et seq.;

16 U.S.C. 1131 to 1136

Abstract:

We published 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 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

Supplemental NPRM

11/14/16

81 FR 79408

Final Action

11/14/16

81 FR 79948

Final Action Effective

12/14/16

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

154. 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:

This rule would establish regulations to govern the incidental take of migratory birds from activities under which migratory birds are killed incidental to otherwise lawful activities, including requirements for individual permits and programmatic agreements with Federal agencies. This agenda item is being withdrawn at the present time to allow the Department to assess the action further and determine whether rulemaking is appropriate. Following such an assessment, the Department may determine that certain rules listed as withdrawn under this agenda are appropriate for promulgation. If that determination is made, such rules will be included in a succeeding semiannual agenda under new RINs.

Timetable:

Action

Date

FR Cite

Notice

05/26/15

80 FR 30032

Comment Period End

07/27/15

Withdrawn

04/11/17

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

DEPARTMENT OF THE INTERIOR (DOI)

National Park Service (NPS)

Completed Actions

155. 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

11/04/16

81 FR 77972

Final Action Effective

12/05/16

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

156. Stream Protection Rule

Legal Authority:

30 U.S.C. 1201

et seq.

Abstract:

The final rule published December 20, 2016 (81 FR 93066) and became effective January 19, 2017. The final rule was nullified by a joint resolution of disapproval under the Congressional Review Act, signed by the President on February 16, 2017 (Pub. L. 115-5). This action conforms to Public Law 115-5 by changing the Code of Federal Regulations to reflect the regulations as they existed before the effective date of the final rule that was nullified under the Congressional Review Act.

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

12/20/16

81 FR 93066

Final Action Effective

01/19/17

Final Rule; CRA Revocation

07/00/17

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)

Completed Actions

157. 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

11/18/16

81 FR 83008

Final Action Effective

01/17/17

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

158. 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

11/17/16

81 FR 81462

Final Action Effective

01/17/17

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. 2017-16923 Filed 8-23-17; 8:45 am]

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