Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies; Inclusion of Hoover Dam, 31755-31756 [E7-11015]
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Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Rules and Regulations
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Parts 421 and 423
RIN 1006–AA52
Public Conduct on Bureau of
Reclamation Facilities, Lands, and
Waterbodies; Inclusion of Hoover Dam
Bureau of Reclamation,
Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule makes public
conduct at Hoover Dam subject to the
same rules governing public conduct at
other Bureau of Reclamation facilities.
In order to do this, Reclamation is
removing from the Code of Federal
Regulations the existing 43 CFR part 421
(Rules of Conduct at Hoover Dam) and
making public conduct on all
Reclamation projects subject to 43 CFR
part 423 (Public Conduct on Bureau of
Reclamation Facilities, Lands, and
Waterbodies).
DATES:
This rule is effective on July 9,
2007.
Gary
L. Anderson, Code 84–41000, Bureau of
Reclamation, P.O. Box 25007, Denver,
Colorado 80225, telephone 303–445–
2891.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
I. Background
On February 7, 1974, the Bureau of
Reclamation published 43 CFR part 421,
Rules of Conduct at Hoover Dam, to
address matters of security and public
conduct at the dam site. On November
12, 2001, Congress enacted Public Law
107–69 (now codified at 43 U.S.C. 373b
and 373c), to provide law enforcement
authority within Reclamation projects
and on Reclamation lands. Section 1(a)
of Public Law 107–69 requires
Reclamation to issue regulations to
maintain law and order and protect
persons and property on all Reclamation
projects. Pursuant to that statutory
requirement, Reclamation issued a final
rule, 43 CFR part 423, Public Conduct
on Bureau of Reclamation Lands and
Projects, on April 17, 2002, and
replaced that rule with a more
comprehensive rule on April 17, 2006.
Initially, Reclamation concluded that
Hoover Dam need not be included
under the new public conduct rule
because 43 CFR part 421 was already in
place and was sufficient to serve the
needs of the Hoover Dam area. However,
upon further review, Reclamation has
determined that it is desirable to make
all Reclamation projects subject to the
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17:48 Jun 07, 2007
Jkt 211001
same set of public conduct regulations.
Having a single Reclamation public
conduct rule will help reduce
possibilities for confusion on the part of
visitors to Reclamation projects.
Reclamation has also determined that
rescinding 43 CFR part 421 and making
the Hoover Dam area subject to the new
public conduct rule will not result in
significant impacts to the public.
II. Comments on the Proposed Rule
Reclamation received no comments
on the proposed rule which was
published in the Federal Register on
September 28, 2006 (71 FR 56921).
Therefore, the text of this final rule is
identical to the proposed rule.
III. Procedural Requirements
1. Regulatory Planning and Review (E.O.
12866)
The Office of Management and Budget
has determined that this document is
not a significant rule and has not
reviewed this rule under Executive
Order 12866. We have conducted the
analyses required by E.O. 12866 and the
results are given below.
(a) This rule will not have an effect of
$100 million or more on the economy.
It will not adversely affect in a material
way the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
This rule only addresses public conduct
at Hoover Dam.
(b) This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency. This rule only
addresses public conduct at Hoover
Dam.
(c) This rule does not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients. This
rule only addresses public conduct at
Hoover Dam.
(d) This rule does not raise novel legal
or policy issues. This rule only
addresses public conduct at Hoover
Dam.
2. Regulatory Flexibility Act
The Department of the Interior
certifies that this document will not
have a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). This rule only
addresses public conduct at Hoover
Dam.
3. Small Business Regulatory
Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
31755
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
This rule only addresses public conduct
at Hoover Dam.
(b) Does not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions. This rule only
addresses public conduct at Hoover
Dam.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This rule only addresses public conduct
at Hoover Dam.
4. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or tribal
governments or the private sector. This
rule only addresses public conduct at
Hoover Dam. A statement containing the
information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et
seq.) is not required.
5. Takings (E.O. 12630)
Under the criteria in Executive Order
12630, the rule does not have significant
takings implications. This rule only
addresses public conduct at Hoover
Dam. A takings implication assessment
is not required.
6. Federalism (E.O. 13132)
Under the criteria in Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
This rule only addresses public conduct
at Hoover Dam. A Federalism
Assessment is not required.
7. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) Does not unduly burden the
judicial system;
(b) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation;
(c) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
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08JNR1
31756
Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Rules and Regulations
in clear language and contain clear legal
standards.
8. Consultation with Indian Tribes (E.O.
13175)
Under the criteria in E.O. 13175, we
have evaluated this rule and determined
that it has no potential effects on
federally recognized Indian Tribes. This
rule only addresses public conduct at
Hoover Dam.
9. Paperwork Reduction Act
This rule does not require an
information collection from 10 or more
parties and a submission under the
Paperwork Reduction Act is not
required. An OMB form 83–I is not
required.
10. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969 is not
required.
11. Data Quality Act
In developing this rule we did not
conduct or use a study experiment, or
survey requiring peer review under the
Data Quality Act (Pub. L. 106–554).
12. Effects on the Energy Supply (E. O.
13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A statement of energy
effects is not required.
PART 423—PUBLIC CONDUCT ON
BUREAU OF RECLAMATION
FACILITIES, LANDS, AND
WATERBODIES
2. The authority citation for part 423
continues to read as follows:
I
Authority: Public Law 107–69 (November
12, 2001) (Law Enforcement Authority) (43
U.S.C. 373b and 373c); Public Law 102–575,
Title XXVIII (October 30, 1992) (16 U.S.C.
460l–31 through 34); Public Law 89–72 (July
9, 1965) (16 U.S.C. 460l–12); Public Law
106–206 (May 26, 2000) (16 U.S.C. 460l–6d);
Public Law 59–209 (June 8, 1906) (16 U.S.C.
431–433); Public Law 96–95 (October 31,
1979) (16 U.S.C. 470aa–mm).
3. In § 423.3, remove paragraph (a)(5)
and revise paragraphs (a)(3) and (a)(4) to
read as follows:
I
§ 423.3
When does this part apply?
(a) * * *
(3) Certain exceptions apply on
Reclamation facilities, lands, and
waterbodies administered by other
Federal agencies, as further addressed in
paragraph (d) of this section; and
(4) Certain exceptions apply on
Reclamation facilities, lands, and
waterbodies subject to treaties and
Federal laws concerning tribes and
Indians, as further addressed in
paragraph (e) of this section.
*
*
*
*
*
[FR Doc. E7–11015 Filed 6–7–07; 8:45 am]
BILLING CODE 4310–MN–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
List of Subjects
50 CFR Parts 224 and 660
43 CFR Part 421
[Docket No. 070110003–7111–02; I.D.
112006A]
Law enforcement, Public conduct,
Reclamation lands, Reclamation
projects, Dams, Security measures.
RIN 0648–AS89
Fisheries Off West Coast States;
Highly Migratory Species Fisheries
43 CFR Part 423
Law enforcement, Public conduct,
Reclamation lands, Reclamation
projects, Dams, Security measures.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Dated: May 2, 2007.
Mark Limbaugh,
Assistant Secretary—Water and Science.
For the reasons set forth in the
preamble, the Bureau of Reclamation
amends 43 CFR Chapter 1 as follows:
jlentini on PROD1PC65 with RULES
I
PART 421—[REMOVED]
1. Under the authority of 43 U.S.C.
373b and 16 U.S.C. 460l–31, part 421 is
removed.
I
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17:48 Jun 07, 2007
Jkt 211001
SUMMARY: NMFS issues a final rule to
amend text in the regulations governing
closures of the drift gillnet fishery in the
Pacific Loggerhead Conservation Area
during El Nino events under the Fishery
Management Plan for U.S. West Coast
Fisheries for Highly Migratory Species
(HMS FMP). The regulation is necessary
to avoid jeopardizing loggerhead sea
turtles, which are listed as threatened
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
under the Endangered Species Act, by
clarifying the time period in which the
area is to be closed and the methods that
NMFS will use to determine if an El
Nino event is occurring or forecast to
occur. This final rule also corrects an
inaccurate cross-reference in the
regulations governing special
requirements for fishing activities to
protect threatened and endangered sea
turtles under the HMS FMP.
DATES: This final rule is effective July 9,
2007.
ADDRESSES: Rodney R. McInnis,
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802 4213.
FOR FURTHER INFORMATION CONTACT:
Craig Heberer, Sustainable Fisheries
Division, NMFS, 760–431–9440, ext.
303.
SUPPLEMENTARY INFORMATION: On April
7, 2004, NMFS published a final rule to
implement the HMS FMP (69 FR 18444)
that included incorrect regulatory text
in 50 CFR 660.713(c)(2) pertaining to
the timing of a closure for the
California/Oregon swordfish/thresher
shark drift gillnet fishery during
declared El Nino events and methods
for determination and notification
concerning an El Nino event. This final
rule amends that regulatory text and
provides the correct information. The
closure is necessary to avoid
jeopardizing the continued existence of
threatened loggerhead sea turtles. This
final rule describes the area of the
closure, the time period in which the
area is to be closed, the methods that
NMFS will use to determine if an El
Nino event is occurring or is going to
occur, and how the Assistant
Administrator will provide notification
that an El Nino is occurring.
This final rule clarifies that any
closure as a result of an El Nino event
would occur from June 1 - August 31
only, as currently specified in 50 CFR
660.713(c)(2), rather than during the
time periods of January 1 - January 15
and August 15 - August 31, as currently
specified inconsistently in 50 CFR
660.713 (c)(2)(ii). This final rule amends
regulatory text at 50 CFR 224.104(c) that
describes special requirements for
fishing activities to protect endangered
sea turtles. The existing text refers to
special prohibitions relating to sea
turtles at § 223.206(d)(2)(iv). However,
paragraph (d)(2)(iv) no longer exists in
50 CFR 223.206. The reference should
be to § 223.206(d). For further
background information on this action
please refer to the preamble of the
proposed rule (72 FR 4225, January 30,
2007). No public comments were
received during the comment period for
E:\FR\FM\08JNR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Rules and Regulations]
[Pages 31755-31756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11015]
[[Page 31755]]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Parts 421 and 423
RIN 1006-AA52
Public Conduct on Bureau of Reclamation Facilities, Lands, and
Waterbodies; Inclusion of Hoover Dam
AGENCY: Bureau of Reclamation, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes public conduct at Hoover Dam subject to the
same rules governing public conduct at other Bureau of Reclamation
facilities. In order to do this, Reclamation is removing from the Code
of Federal Regulations the existing 43 CFR part 421 (Rules of Conduct
at Hoover Dam) and making public conduct on all Reclamation projects
subject to 43 CFR part 423 (Public Conduct on Bureau of Reclamation
Facilities, Lands, and Waterbodies).
DATES: This rule is effective on July 9, 2007.
FOR FURTHER INFORMATION CONTACT: Gary L. Anderson, Code 84-41000,
Bureau of Reclamation, P.O. Box 25007, Denver, Colorado 80225,
telephone 303-445-2891.
SUPPLEMENTARY INFORMATION:
I. Background
On February 7, 1974, the Bureau of Reclamation published 43 CFR
part 421, Rules of Conduct at Hoover Dam, to address matters of
security and public conduct at the dam site. On November 12, 2001,
Congress enacted Public Law 107-69 (now codified at 43 U.S.C. 373b and
373c), to provide law enforcement authority within Reclamation projects
and on Reclamation lands. Section 1(a) of Public Law 107-69 requires
Reclamation to issue regulations to maintain law and order and protect
persons and property on all Reclamation projects. Pursuant to that
statutory requirement, Reclamation issued a final rule, 43 CFR part
423, Public Conduct on Bureau of Reclamation Lands and Projects, on
April 17, 2002, and replaced that rule with a more comprehensive rule
on April 17, 2006.
Initially, Reclamation concluded that Hoover Dam need not be
included under the new public conduct rule because 43 CFR part 421 was
already in place and was sufficient to serve the needs of the Hoover
Dam area. However, upon further review, Reclamation has determined that
it is desirable to make all Reclamation projects subject to the same
set of public conduct regulations. Having a single Reclamation public
conduct rule will help reduce possibilities for confusion on the part
of visitors to Reclamation projects.
Reclamation has also determined that rescinding 43 CFR part 421 and
making the Hoover Dam area subject to the new public conduct rule will
not result in significant impacts to the public.
II. Comments on the Proposed Rule
Reclamation received no comments on the proposed rule which was
published in the Federal Register on September 28, 2006 (71 FR 56921).
Therefore, the text of this final rule is identical to the proposed
rule.
III. Procedural Requirements
1. Regulatory Planning and Review (E.O. 12866)
The Office of Management and Budget has determined that this
document is not a significant rule and has not reviewed this rule under
Executive Order 12866. We have conducted the analyses required by E.O.
12866 and the results are given below.
(a) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. This rule only addresses public conduct at Hoover Dam.
(b) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. This rule
only addresses public conduct at Hoover Dam.
(c) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. This rule only addresses public conduct at Hoover
Dam.
(d) This rule does not raise novel legal or policy issues. This
rule only addresses public conduct at Hoover Dam.
2. Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This rule only addresses public conduct at Hoover Dam.
3. Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more. This rule only addresses public conduct at Hoover Dam.
(b) Does not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This rule only addresses public
conduct at Hoover Dam.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rule only addresses public conduct at Hoover Dam.
4. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. This rule only
addresses public conduct at Hoover Dam. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
5. Takings (E.O. 12630)
Under the criteria in Executive Order 12630, the rule does not have
significant takings implications. This rule only addresses public
conduct at Hoover Dam. A takings implication assessment is not
required.
6. Federalism (E.O. 13132)
Under the criteria in Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This rule only addresses public conduct at
Hoover Dam. A Federalism Assessment is not required.
7. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Does not unduly burden the judicial system;
(b) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation;
(c) Meets the criteria of section 3(b)(2) requiring that all
regulations be written
[[Page 31756]]
in clear language and contain clear legal standards.
8. Consultation with Indian Tribes (E.O. 13175)
Under the criteria in E.O. 13175, we have evaluated this rule and
determined that it has no potential effects on federally recognized
Indian Tribes. This rule only addresses public conduct at Hoover Dam.
9. Paperwork Reduction Act
This rule does not require an information collection from 10 or
more parties and a submission under the Paperwork Reduction Act is not
required. An OMB form 83-I is not required.
10. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required.
11. Data Quality Act
In developing this rule we did not conduct or use a study
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
12. Effects on the Energy Supply (E. O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A statement of energy effects is not
required.
List of Subjects
43 CFR Part 421
Law enforcement, Public conduct, Reclamation lands, Reclamation
projects, Dams, Security measures.
43 CFR Part 423
Law enforcement, Public conduct, Reclamation lands, Reclamation
projects, Dams, Security measures.
Dated: May 2, 2007.
Mark Limbaugh,
Assistant Secretary--Water and Science.
0
For the reasons set forth in the preamble, the Bureau of Reclamation
amends 43 CFR Chapter 1 as follows:
PART 421--[REMOVED]
0
1. Under the authority of 43 U.S.C. 373b and 16 U.S.C. 460l-31, part
421 is removed.
PART 423--PUBLIC CONDUCT ON BUREAU OF RECLAMATION FACILITIES,
LANDS, AND WATERBODIES
0
2. The authority citation for part 423 continues to read as follows:
Authority: Public Law 107-69 (November 12, 2001) (Law
Enforcement Authority) (43 U.S.C. 373b and 373c); Public Law 102-
575, Title XXVIII (October 30, 1992) (16 U.S.C. 460l-31 through 34);
Public Law 89-72 (July 9, 1965) (16 U.S.C. 460l-12); Public Law 106-
206 (May 26, 2000) (16 U.S.C. 460l-6d); Public Law 59-209 (June 8,
1906) (16 U.S.C. 431-433); Public Law 96-95 (October 31, 1979) (16
U.S.C. 470aa-mm).
0
3. In Sec. 423.3, remove paragraph (a)(5) and revise paragraphs (a)(3)
and (a)(4) to read as follows:
Sec. 423.3 When does this part apply?
(a) * * *
(3) Certain exceptions apply on Reclamation facilities, lands, and
waterbodies administered by other Federal agencies, as further
addressed in paragraph (d) of this section; and
(4) Certain exceptions apply on Reclamation facilities, lands, and
waterbodies subject to treaties and Federal laws concerning tribes and
Indians, as further addressed in paragraph (e) of this section.
* * * * *
[FR Doc. E7-11015 Filed 6-7-07; 8:45 am]
BILLING CODE 4310-MN-P
