96-27179. National Petroleum Reserve, Alaska  

  • [Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
    [Proposed Rules]
    [Pages 54977-54978]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-27179]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF THE INTERIOR
    
    Bureau of Land Management
    
    43 CFR Part 2360
    
    [WO-350-1430-00 24 1A]
    RIN 1004-AC79
    
    
    National Petroleum Reserve, Alaska
    
    AGENCY: Bureau of Land Management, Interior.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Bureau of Land Management (BLM) proposes to remove 43 CFR 
    part 2360 with the exception of provisions for use authorizations, 
    which will be condensed and rewritten. This action is undertaken 
    because it is not necessary for the provisions proposed for removal to 
    be published in the Code of Federal Regulations. This part consists 
    almost entirely of either provisions found elsewhere in the law or 
    guidance better suited for publication in the BLM manual. In addition, 
    various changes in the law over the last 20 years have made the 
    existing regulations obsolete.
    
    DATES: Submit comments to BLM at the address below on or before 
    November 22, 1996. Comments received which are hand-delivered, 
    postmarked or sent via the Internet after the above date will not 
    necessarily be considered in the decisionmaking process on the final 
    rule.
    
    ADDRESSES: If you wish to comment, you may hand-deliver comments to the 
    Bureau of Land Management, Administrative Record, Room 401, 1620 L 
    Street, NW, Washington, DC; or mail comments to the Bureau of Land 
    Management, Administrative Record, Room 401LS, 1849 C Street, NW, 
    Washington, DC 20240. You also may transmit comments electronically via 
    the Internet to [email protected] Please include ``Attn: 
    AC79'', in your name and address in your message. If you do not receive 
    a confirmation from the system that we have received your Internet 
    message, contact us directly at (202) 452-5030. Comments will be 
    available for public review at the L Street address during regular 
    business hours 7:45 a.m. to 4:15 p.m., Monday through Friday, except 
    holidays.
    
    FOR FURTHER INFORMATION CONTACT: Jeff Holdren, Realty Use Group, 
    (202) 452-7779.
    
    SUPPLEMENTARY INFORMATION:
    I. Public Comment Procedures
    II. Background and Discussion of Proposed Rule
    III. Procedural Matters
    
    I. Public Comment Procedures
    
    Written Comments
    
        Written comments on the proposed rule should be specific, should be 
    confined to issues pertinent to the rule, and should explain the reason 
    for any recommended change. Where possible, comments should reference 
    the specific section or paragraph of the proposal which the comment 
    addresses. BLM will not necessarily consider or include in the 
    Administrative Record for the rule comments which BLM receives that are 
    hand-delivered, postmarked or sent via the Internet after the close of 
    the comment period (see DATES) or comments delivered to an address 
    other than those listed above (see ADDRESSES).
    
    II. Background and Discussion of Proposed Rule
    
        The management of the National Petroleum Reserve-Alaska is 
    primarily under the Naval Petroleum Reserves Production Act, 42 U.S.C. 
    6501 et seq., and the Federal Land Policy and Management Act of 1976 
    (FLPMA), 43 U.S.C. 1701 et seq. These statutes authorize BLM to 
    promulgate appropriate and necessary regulations for the management of 
    the reserves. In light of the regulatory reform initiative currently 
    underway throughout the administration, BLM has determined that the 
    existing regulations at 43 CFR part 2360 are unnecessary, except for 
    portions pertaining to use authorizations. Much of part 2360 contains 
    language intended to guide BLM officers in the exercise of their 
    discretion. The relocation of this language to the BLM manual would 
    provide BLM more flexibility and adequate guidance. The remainder of 
    this part rephrases statutory provisions. The regulatory reform 
    initiative calls for agencies to streamline their regulations to remove 
    unnecessary material, and reorganize remaining provisions in a way that 
    will make them more accessible and efficient, without weakening their 
    effectiveness. BLM believes that the removal of part 2360, except for 
    use authorizations, satisfies these goals without any material impact 
    on the public at large.
        Furthermore, numerous changes in the law have occurred which affect 
    the management of the National Petroleum Reserve in Alaska, rendering 
    the current regulations out-of-date. For example, in 1980 the Reserve 
    was opened to gas leasing and Indian allotments, and the role of the 
    U.S. Geological Survey (USGS) was reduced to activities in the Barrow 
    gas fields. In 1983, USGS transferred its Barrow gas fields to the 
    North Slope Borough. As a result, USGS
    
    [[Page 54978]]
    
    no longer has any role in the National Petroleum Reserve management 
    program, and references to USGS at section 2361.1 of this part are 
    outdated and unnecessary. This is typical of the changes that have 
    taken place in the Reserve, and BLM intends to review the program to 
    assess what regulations are necessary to enhance our future role. At 
    present, however, the existing regulations do not reflect these changes 
    in the law, and should be removed in order to eliminate further 
    confusion.
        Although the use authorization provisions of 43 CFR section 2361.2 
    are substantially covered by various sections of the Code of Federal 
    Regulations, we will retain portions of section 2361.2 and 2361.3 in 
    condensed form in part 2360. The new part 2360 will eliminate 
    provisions already covered in the Naval Petroleum Reserves Act, 
    limiting the text to only those portions of the existing regulations 
    that are still necessary and useful to the public at large.
    
    III. Procedural Matters
    
    National Environmental Policy Act
    
        The BLM has prepared an environmental assessment (EA), and has 
    found that the proposed rule would not constitute a major federal 
    action significantly affecting the quality of the human environment 
    under section 102(2)(C) of the National Environmental Policy Act of 
    1969 (NEPA), 42 U.S.C. 4332(2)(C). The BLM has placed the EA and the 
    Finding of No Significant Impact (FONSI) on file in the BLM 
    Administrative Record at the address specified previously. The BLM 
    invites the public to review these documents by contacting us at the 
    addresses listed above (see ADDRESSES), and suggests that anyone 
    wishing to submit comments in response to the EA and FONSI do so in 
    accordance with the Public Comment Procedure section above, or contact 
    us directly.
    
    Paperwork Reduction Act
    
        The rule does not contain information collection requirements which 
    the Office of Management and Budget must approve under the Paperwork 
    Reduction Act, 44 U.S.C. 3501 et seq.
    
    Regulatory Flexibility Act
    
        Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 5 
    U.S.C. 601 et seq., to ensure that government regulations do not 
    unnecessarily or disproportionately burden small entities. The RFA 
    requires a regulatory flexibility analysis if a rule would have a 
    significant economic impact, either detrimental or beneficial, on a 
    substantial number of small entities. The BLM has determined under the 
    RFA that this proposed rule would not have a significant economic 
    impact on a substantial number of small entities.
    
    Executive Order 12866
    
        According to the criteria listed in section 3(f) of Executive Order 
    12866, BLM has determined that the proposed rule is not a significant 
    regulatory action. As such, the rule is not subject to Office of 
    Management and Budget review under section 6(a)(3) of the order.
    
    Unfunded Mandates Reform Act
    
        The proposed rule does not include a Federal mandate that will 
    result in the expenditure by state, local or tribal governments in the 
    aggregate, or by the private sector, of $100,000,000 or more in any one 
    year.
    
    Executive Order 12612
    
        The proposed rule would not have sufficient federalism implications 
    to warrant BLM's preparation of a Federalism Assessment (FA).
    
    Executive Order 12630
    
        The proposed rule does not represent a government action capable of 
    interfering with constitutionally protected property rights. Section 
    2(a)(1) of Executive Order 12630 specifically excludes actions 
    abolishing regulations or modifying regulations in a way that lessens 
    interference with private property use from the definition of 
    ``policies that have takings implications'' Since the primary function 
    of the proposed rule is to abolish unnecessary regulations, there will 
    be no private property rights impaired as a result. Therefore, BLM has 
    determined that the rule would not cause a taking of private property, 
    or require further discussion of takings implications under this 
    Executive Order.
    
    Executive Order 12988
    
        The Department of the Interior has determined that this rule meets 
    the applicable standards provided in sections 3(a) and 3(b)(2) of 
    Executive Order 12988.
    
    Author
    
        The principal author of this proposed rule is Jeff Holdren, Realty 
    Use Group, Bureau of Land Management, 1849 C Street, NW., Washington, 
    DC 20240; Telephone (202) 452-7779.
    
    List of Subjects for 43 CFR Part 2360
    
        Alaska; Environmental protection; Land Management Bureau; Natural 
    resources; Oil and gas reserves; Public lands-withdrawal.
    
        For the reasons stated in the preamble, and under the authority of 
    43 U.S.C. 1740, part 2360, Group 2300, Subchapter B, Chapter II of 
    Title 43 of the Code of Federal Regulations is proposed to be amended 
    as set forth below:
        1. Part 2360 is revised to read as follows:
    
    PART 2360--NATIONAL PETROLEUM RESERVE IN ALASKA
    
    Sec.
    2360.1  Use authorizations.
    
        Authority: 30 U.S.C. 181 et seq., 43 U.S.C. 1740.
    
    
    2360.1   Use authorizations.
    
        (a) Except for petroleum exploration authorized by law, anyone 
    wishing to use National Petroleum Reserve land must first obtain a use 
    authorization from BLM. BLM will issue an authorization only for those 
    uses consistent with the purposes and objectives of the Naval Petroleum 
    Reserves Production Act, 42 U.S.C. 6501 et seq., and subject to any 
    terms and conditions that BLM determines are necessary to protect the 
    Reserve's environmental, fish and wildlife, and cultural, historical or 
    scenic values. Contact BLM for an application. However, unless BLM has 
    otherwise limited or restricted use, you will not need use 
    authorizations for (1) subsistence uses (e.g., hunting, fishing, and 
    berry picking), and (2) recreational uses (e.g. hunting, fishing, 
    backpacking, and wildlife observation). Contact BLM for an application.
        (b) Any person who violates or fails to comply with regulations of 
    this part is subject to prosecution, including trespass and liability 
    for damages, pursuant to applicable law.
    
        Dated: October 15, 1996.
    Sylvia V. Baca,
    Deputy Assistant Secretary of the Interior.
    [FR Doc. 96-27179 Filed 10-22-96; 8:45 am]
    BILLING CODE 4310-84-P
    
    
    

Document Information

Published:
10/23/1996
Department:
Land Management Bureau
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-27179
Pages:
54977-54978 (2 pages)
Docket Numbers:
WO-350-1430-00 24 1A
RINs:
1004-AC79: National Petroleum Reserve in Alaska
RIN Links:
https://www.federalregister.gov/regulations/1004-AC79/national-petroleum-reserve-in-alaska
PDF File:
96-27179.pdf
CFR: (1)
43 CFR 2360.1