[Federal Register: June 3, 2002 (Volume 67, Number 106)]
[Rules and Regulations]               
[Page 38208-38209]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Parts 11 and 37

Civil Penalty Procedures--Change of Address for Office of 
Hearings and Appeals

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Final rule.


SUMMARY: The U.S. Fish and Wildlife Service (FWS) is revising its 
regulations governing administrative appeals to reflect a change of 
address for the Office of Hearings and Appeals (OHA). OHA is moving to 
a new building in Arlington, Virginia. This move was effective February 
11, 2002.

DATES: June 3, 2002.

FOR FURTHER INFORMATION CONTACT: Robert More, Director, U.S. Department 
of the Interior, Office of Hearings and Appeals, 801 North Quincy 
Street, Arlington, Virginia, 22203, telephone (703) 235-3810.



    In 50 CFR part 11, FWS has established procedures for the 
assessment of civil penalties for violations of various fish and 
wildlife protection laws. In 50 CFR part 37, FWS has provided 
guidelines governing the surface exploration for oil and gas within the 
coastal plain of the Arctic National Wildlife Refuge. Under [sect] 
37.47, civil penalties may be assessed for violations of an approved 
exploration plan, a special use permit, or the regulations.
    Both sets of regulations include provisions for the Department of 
the Interior's Office of Hearings and Appeals (OHA) to conduct appeals 
of civil penalty assessment. OHA consists of a headquarters office 
located in Arlington, Virginia, and nine field offices located 
throughout the country. Since 1970, the headquarters office has been 
located at 4015 Wilson Boulevard. This address appears in four sections 
in 50 CFR parts 11 and 37.
    Effective February 11, 2002, the OHA headquarters office relocated 
to 801 North Quincy Street, Arlington, Virginia. In anticipation of 
that move, FWS is revising its administrative appeals regulations to 
reflect OHA's new street address.

Procedural Requirements

A. Determination To Issue Final Rule Effective in Less Than 30 Days

    FWS has determined that the public notice and comment provisions of 
the Administrative Procedures 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, procedure and practice. These changes meet the 
exemption for notice and comment periods in 5 U.S.C. 553(b)(A).
    FWS has also determined that there is good cause to waive the 
requirement for publication 30 days in advance of the rule's effective 
date under 5 U.S.C. 553(d)(3). Construction schedules dictated the 
timing of OHA's relocation. While OHA has known for months that it 
would be moving, the actual move date was confirmed only in the past 
few weeks.

B. Required Determinations Under Procedural Statutes and Executive 

    FWS has 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. 4231 et seq.; Executive Order 12630 (Takings); 
Executive Order 12866 (Regulatory Planning and Review); Executive Order 
12988 (Civil Justice Reform); Executive Order 13132 (Federalism); 
Executive Order 13175 (Tribal Consultation); and Executive Order 13211 
(Energy Impacts). FWS has determined that this rule does not trigger 
any of the procedural requirements of those statutes and executive 
orders since this rule only changes the street address for OHA's 
headquarters office.

List of Subjects in 50 CFR Parts 11 and 37

    Administrative practice and procedure.

Regulation Promulgation

    For the reasons set out in the preamble, the Service amends parts 
11 and 37 of Title 50 of the Code of Federal Regulations as set forth 


    1. The authority citation for part 11 continues to read as follows:

    Authority: Lacey Act, 83 Stat. 279-281, 18 U.S.C. 42-44; Lacey 
Act Amendments of 1981, 95 Stat. 1073-1080, 16 U.S.C. 3371 et seq.; 
Bald Eagle Protection Act, sec. 2, 54 Stat. 251, 16 U.S.C. 668a; 
Endangered Species Act of 1973, sec. 11(f), 87 Stat. 884, 16 U.S.C. 
1540(f); Marine Mammal Protection Act of 1972, sec. 112(a), 86 Stat. 
1042, 16 U.S.C. 1382.

    2. In part 11, revise all references to ``4015 Wilson Boulevard'' 
to read ``801 North Quincy Street.''


    3. The authority citation for part 37 continues to read as follows:

    Authority: Sec. 1002, Pub. L. 96-487, 94 Stat. 2449, as amended 
by sec. 110, Pub. L. 97-394, 96 Stat. 1982 (16 U.S.C. 3142); sec. 
110, Pub. L. 89-665, as added by sec. 206, Pub. L. 96-515, 94 Stat. 
2996 (16 U.S.C. 470h-2); sec. 401, Pub. L. 148, 49 Stat. 383, as 
amended (16 U.S.C. 715s); 31 U.S.C. 9701; 5 U.S.C. 301; 209 DM 6.1.

[sect] 37.47  [Amended]

    4. In [sect] 37.47, revise all references to ``4015 Wilson 
Boulevard'' to read ``801 North Quincy Street.''

[[Page 38209]]

    Dated: February 1, 2002.
Joseph E. Doddridge,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-13788 Filed 5-31-02; 8:45 am]