[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Rules and Regulations]
[Pages 5714-5716]
From the Federal Register Online via the Government Printing 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
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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]
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