Regulatory Reform, 28429-28431 [2017-13062]
Download as PDF
Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules
ACE MO E5 Cape Girardeau, MO
[Amended]
Cape Girardeau Regional Airport, MO
(Lat. 37°13′31″ N., long. 89°34′15″ W.)
Cape Girardeau Regional Localizer
(Lat. 37°13′18″ N., long. 89°33′25″ W.)
Cape Girardeau VOR/DME
(Lat. 37°13′39″ N., long. 89°34′21″ W.)
That airspace extending upward from 700
feet above the surface within a 6.6-mile
radius of the airport, and within 1.9 miles
each side of the 023° bearing from the airport
extending from the 6.6-mile radius to 7.3
miles north of the airport, and within 3.8
miles each side of the 108° bearing from the
Cape Girardeau Localizer extending from the
6.6-mile radius to 14 miles east of the airport,
and within 2.4 miles each side of the 196°
radial of the Cape Girardeau VOR/DME
extending from the 6.6-mile radius to 7.2
miles south of the airport, and within 2 miles
each side of the 203° bearing from the airport
from the 6.6-mile radius to 7.5 miles south
of the airport, and within 2 miles each side
of the 280° bearing from the airport extending
from the 6.6-mile radius to 7.4 miles west of
the airport.
*
*
*
*
*
ACE MO E5 St. Louis, MO [Amended]
St. Louis, Lambert-St. Louis International
Airport, MO
(Lat. 38°44′55″ N., long. 90°22′12″ W.)
St. Louis, Spirit of St. Louis Airport, MO
(Lat. 38°39′44″ N., long. 90°39′07″ W.)
Alton/St. Louis, St. Louis Regional Airport,
MO
(Lat. 38°53′24″ N., long. 90°02′46″ W.)
St. Charles, St. Charles County Smartt
Airport, MO
(Lat. 38°55′47″ N., long. 90°25′48″ W.)
St. Louis VORTAC
(Lat. 38°51′38″ N., long. 90°28′57″ W.)
ZUMAY LOM
(Lat. 38°47′17″ N., long. 90°16′44″ W.)
OBLIO LOM
(Lat. 38°48′01″ N., long. 90°28′29″ W.)
Spirt of St. Louis Localizer
(Lat. 38°39′26″ N., long. 90°39′48″ W.)
Civic Memorial NDB
(Lat. 38°53′32″ N., long. 90°03′23″ W.)
That airspace extending upward from 700
feet above the surface within a 7.1-mile
radius of Lambert-St. Louis International
Airport, and within 4 miles southeast and 7
miles northwest of the Lambert-St. Louis
International Airport Runway 24 ILS
localizer course extending from the airport to
10.5 miles northeast of the ZUMAY LOM,
and within 4 miles southwest and 7.9 miles
northeast of the Lambert-St. Louis
International Airport Runway 12R ILS
localizer course extending from the airport to
10.5 miles northwest of the OBLIO LOM, and
within 4 miles southwest and 7.9 miles
northeast of the Lambert-St. Louis
International Airport Runway 30L ILS
localizer course extending from the airport to
8.7 miles southeast of the airport, and within
a 6.9-mile radius of Spirit of St. Louis
Airport, and within 2.5 miles each side of the
079° bearing from the Spirit of St. Louis
Airport extending from the 6.9-mile radius of
the airport to 8.1 miles east of the airport,
and within 4.2 miles north and 6.4 miles
south of the 259° bearing from the Spirit of
St. Louis Localizer extending from the 6.9mile radius of the Spirit of St. Louis Airport
to 11.3 miles east of the Spirit of St. Louis
Localizer, and within 3.9 miles each side of
the 259° bearing from the Spirit of St. Louis
Airport extending from the 6.9-mile radius of
the airport to 10.6 miles west of the airport,
and within a 6.4-mile radius of St. Charles
County Smartt Airport, and within a 6.9-mile
radius of St. Louis Regional Airport, and
within 4 miles each side of the 014° bearing
from the Civic Memorial NDB extending from
the 6.9-mile radius of St. Louis Regional
Airport to 7 miles north of the airport, and
within 4.4 miles each side of the 190° radial
of the St. Louis VORTAC extending from 2
miles south of the VORTAC to 22.1 miles
south of the VORTAC.
*
*
*
ACE MO E5
*
*
*
*
Macon-Fower, MO [Removed]
*
ACE MO E5
*
*
Macon, MO [Amended]
Macon-Fower Memorial Airport, MO
(Lat. 39°43′47″ N., long. 92°27′24″ W.)
That airspace extending upward from 700
feet above the surface within a 6.7-mile
radius of Macon-Fower Memorial Airport.
Issued in Fort Worth, Texas, on June 14,
2017.
Walter Tweedy,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2017–12993 Filed 6–21–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
25 CFR Chapters I–VII
30 CFR Chapters II, IV, V, VII, XII
36 CFR Chapter I
43 CFR Subtitles A, B Chapter I, II
50 CFR Chapter I
[133D5670LC DS10100000
DLCAP0000.000000 WBS DX.10120]
Regulatory Reform
AGENCY:
ACTION:
Office of the Secretary, Interior.
Request for comments.
This document requests
public input on how the Department of
the Interior (Interior) can improve
implementation of regulatory reform
initiatives and policies and identify
regulations for repeal, replacement, or
modification. This document also
provides an overview of Interior’s
approach for implementing the
regulatory reform initiative to alleviate
unnecessary burdens placed on the
American people, which was
established by President Trump in
Executive Order (E.O.) 13777,
‘‘Enforcing the Regulatory Reform
Agenda.’’
SUMMARY:
No deadline for the receipt of
comments on this effort has been
established at this time; Interior will
review comments on an ongoing basis.
DATES:
Electronically: Go to the
Federal eRulemaking Portal:
www.regulations.gov. In the Search box,
enter the appropriate document number
from the table below. Please comment
on the document number that correlates
to the agency most relevant to your
comments:
ADDRESSES:
sradovich on DSK3GMQ082PROD with PROPOSALS
Agency(ies)
Document No.
Office of the Assistant Secretary—Indian Affairs, Bureau of Indian Affairs, Bureau of Indian Education ................
Bureau of Land Management ....................................................................................................................................
Bureau of Ocean Energy Management .....................................................................................................................
Bureau of Reclamation ..............................................................................................................................................
Bureau of Safety and Environmental Enforcement ...................................................................................................
National Park Service ................................................................................................................................................
Office of Surface Mining Reclamation and Enforcement ...........................................................................................
U.S. Fish and Wildlife Service ...................................................................................................................................
U.S. Geological Survey ..............................................................................................................................................
Other Interior agencies and offices ............................................................................................................................
You may then submit information by
clicking on ‘‘Comment Now!’’ If your
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15:48 Jun 21, 2017
Jkt 241001
information will fit in the provided
comment box, please use this feature of
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DOI–2017–0003–0002.
DOI–2017–0003–0003.
DOI–2017–0003–0004.
DOI–2017–0003–0005.
DOI–2017–0003–0006.
DOI–2017–0003–0007.
DOI–2017–0003–0008.
DOI–2017–0003–0009.
DOI–2017–0003–00010.
DOI–2017–0003–00011.
www.regulations.gov, as it is most
compatible with our information review
E:\FR\FM\22JNP1.SGM
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28430
Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules
procedures. If you attach your
information as a separate document, our
preferred file format is Microsoft Word.
If you attach multiple comments (such
as form letters), our preferred format is
a spreadsheet in Microsoft Excel.
Alternatively, you may submit
comments by mail to: Office of the
Executive Secretariat—ATTN: Reg.
Reform, U.S. Department of the Interior,
1859 C Street NW., Mail Stop 7328,
Washington, DC 20240. Additional
information on this effort can be found
at www.doi.gov/regulatory-reform/
implement.
FOR FURTHER INFORMATION CONTACT:
Mark Lawyer, Office of the Executive
Secretariat, (202) 208–5257, email:
regulatoryreform@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
Goals of the Regulatory Reform
Initiative
E.O. 13777 establishes two main
goals 1 for Federal agencies in
furtherance of alleviating unnecessary
burdens placed on the American people:
(1) Improve implementation of the
regulatory reform initiatives and
policies specified in section 2 of E.O.
13771 [E.O. 13771 (Reducing Regulation
and Controlling Regulatory Costs); E.O.
12866 (Regulatory Planning and
Review), as amended; Section 6 of E.O.
13563 (Improving Regulation and
Regulatory Review) regarding
retrospective review; and termination,
consistent with applicable law, of
programs and activities that derive from
or implement E.O.s, guidance
documents, policy memoranda, rule
interpretations, and similar documents,
or relevant portions thereof, that have
been rescinded]; and
(2) Identify regulations for repeal,
replacement, or modification
considering, at a minimum, those
regulations that:
• Eliminate jobs, or inhibit job
creation;
• Are outdated, unnecessary, or
ineffective;
• Impose costs that exceed benefits;
• Create a serious inconsistency or
otherwise interfere with regulatory
reform initiatives and policies;
• Rely, in part or in whole, on data
or methods that are not publicly
available or insufficiently transparent to
meet the standard for reproducibility; or
• Derive from or implement E.O.s or
other Presidential directives that have
been subsequently rescinded or
substantially modified.2
1 See
2 See
Sec. 3(g) of E.O. 13777.
Sec. 3(d) of E.O. 13777.
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Interior’s Progress and Plan for
Regulatory Reform
To lead regulatory reform efforts at
Interior, the Acting Chief of Staff
established Interior’s Regulatory Reform
Task Force on March 15, 2017, pursuant
to E.O. 13777. The Task Force is closely
examining all regulatory actions that are
currently in process and identifying
potential deregulatory actions to ensure
compliance with regulatory reform
goals. Interior and the Task Force
welcome public input on regulatory and
deregulatory actions that could
quantifiably lessen the burden on the
American public.
A cornerstone of the Task Force’s
review of Interior’s regulatory burden on
the American public has been its
thoughtful approach to Interior’s
regulatory portfolio. The regulatory
portfolio includes significant
regulations subject to retrospective
review under Section 6 of E.O. 13563,
meaning that they are periodically
reviewed to determine whether they
may be outmoded, ineffective,
insufficient, or excessively burdensome.
The Task Force is rolling these efforts
into the larger regulatory reform effort to
change or repeal unduly burdensome
rules, as appropriate. The Task Force is
also taking a holistic approach to ensure
that each individual regulatory action it
pursues and Interior’s future regulatory
portfolio as a whole advance the goal of
alleviating unnecessary regulatory
burdens placed on the American people,
consistent with the law. The Task Force
is accomplishing this by examining each
regulatory action for alignment with the
priorities of the Administration, the
goals and requirements of applicable
Executive Orders issued by the
President, and Secretary’s Orders issued
by the Secretary of the Interior. This
deliberate approach ensures that each
semi-annual regulatory agenda
published under E.O. 12866 will list
only those regulations that the
Department has a relatively high degree
of confidence will move forward within
the coming 12 months. With the
publication of each semi-annual
regulatory agenda, the public will have
the opportunity to provide feedback,
which the Task Force will consider as
part of the regulatory reform effort. For
individual regulations, the Task Force
also intends to make greater use of
advance notices of proposed rulemaking
(ANPRMs), where possible, to solicit
input on the front end as to how any
given regulatory action could be tailored
to reduce or eliminate burden.
Part of the regulatory reform effort
underway in Interior includes
implementing the requirement known
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colloquially as the ‘‘two-for-one’’
requirement. This requirement was
established by President Trump in E.O.
13771, and detailed in Office of
Management and Budget (OMB) Interim
Guidance issued February 2, 2017, and
OMB Guidance of April 5, 2017. These
documents require Federal agencies to:
(1) Issue two ‘‘deregulatory’’ actions for
each new significant regulatory action
that imposes costs; and (2) fully offset
the total incremental cost of such new
significant regulatory action. Interior is
in the process of reviewing existing
regulations (significant and nonsignificant) to identify actions that can
be repealed. The cost savings associated
with to-be-repealed actions will offset
the costs of any new significant
regulations that are necessary for
promulgation; to account for these
offsets, bureaus are working to quantify
undue burden, where possible.
The Task Force has also taken initial
steps toward deregulatory actions, using
specific rule rescissions already
identified through various means as a
starting point for a more widespread
reduction in regulatory actions. For
example, the Task Force’s review will
encompass actions that were initiated
by the previous Administration and
subject to repeal under the
Congressional Review Act (CRA). The
President approved a joint resolution of
disapproval for the following
regulations under the CRA:
• The Bureau of Land Management’s
(BLM) Resource Management Planning;
43 CFR part 1600;
• The U.S. Fish and Wildlife
Services’ Non-Subsistence Take of
Wildlife, and Public Participation and
Closure Procedures, on National
Wildlife Refuges in Alaska; 50 CFR parts
32 and 36; and
• The Office of Surface Mining,
Reclamation and Enforcement’s
(OSMRE) Stream Protection Rule; 30
CFR parts 700, 701, 773, 774, 777, 779,
780, 783, 784, 785, 800, 816, 817, 824,
and 827.
Through Secretary’s Order No. 3349,
American Energy Independence (Mar.
29, 2017), Interior announced its
intention to review all existing actions
that potentially burden the development
or utilization of domestically produced
energy resources and suspend, revise, or
rescind such agency actions as soon as
practicable. Interior’s review will also
give particular attention to the four
Interior rules related to United States oil
and gas development that are identified
in section 7 of E.O. 13783 (Promoting
Energy Independence and Economic
Growth). Specifically, Secretary’s Order
3349 provides that:
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Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules
• BLM will proceed expeditiously
with a proposed rule to rescind the final
rule entitled ‘‘Oil and Gas; Hydraulic
Fracturing on Federal and Indian
Lands,’’ 80 FR 16128 (March 26, 2015).
• The National Park Service will
review the final rule entitled ‘‘General
Provisions and Non-Federal Oil and Gas
Rights,’’ 81 FR 77972 (November 4,
2016);
• The U.S. Fish and Wildlife Service
will review the final rule entitled
‘‘Management of Non Federal Oil and
Gas Rights,’’ 81 FR 79948 (November 14,
2016); and
• The BLM will review the final rule
entitled ‘‘Waste Prevention, Production
Subject to Royalties, and Resource
Conservation,’’ 81 FR 83008 (November
18, 2016).
The Office of Natural Resources
Revenue has already taken the following
actions in accordance with this
objective:
• Published a proposed rule to repeal
the ‘‘Consolidated Federal Oil & Gas and
Federal & Indian Coal Valuation Rule’’
published on July 1, 2016 (81 FR
43338). See 82 FR 16323 (April 4, 2017).
• Published an Advance Notice of
Proposed Rulemaking (ANPRM) on
April 4, 2017 (82 FR 16325) seeking
comments on whether revisions are
needed to the regulations governing
valuation, for royalty purposes, of oil
and gas produced from Federal onshore
and offshore leases and coal produced
from Federal and Indian lands, and if
revisions are appropriate, what specific
revisions merit consideration.
Interior is also reviewing regulations
to determine whether any require
revision or rescission based on the
mitigation policy review, climate
change policy review, and review of
other actions affecting energy
development required by E.O. 13783.
Interior’s review also gives particular
attention to the three Interior rules
related to offshore energy that are
identified in sections 7, 8, and 11 of
E.O. 13795 (Implementing an AmericaFirst Offshore Energy Strategy). To
implement E.O. 13795, Interior issued
Secretary’s Order 3350, America-First
Offshore Energy, which provides
deadlines for review of the rules
identified in the E.O. Specifically, the
Secretary’s Order directs the Bureau of
Safety and Environmental Enforcement
and the Bureau of Ocean Energy
Management to review:
• The proposed rule ‘‘Offshore Air
Quality Control, Reporting, and
Compliance’’ published on April 5,
2016. See 81 FR 19717;
• The final rule ‘‘Oil and Gas and
Sulfur Operations in the Outer
Continental Shelf—Blowout Preventer
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Systems and Well Control,’’ published
on April 29, 2016. See 81 FR 25887.
• The final rule ‘‘Oil and Gas and
Sulfur Operations on the Outer
Continental Shelf—Requirements for
Exploratory Drilling on the Arctic Outer
Continental Shelf,’’ published on July
15, 2016. See 81 FR 46478.
Secretary’s Order 3350 also requires
identifying other rules that have been
adopted or are in the process of being
developed that relate to the above rules.
As it identifies any other potential
deregulatory actions and their cost
savings, the Task Force will consider
input from the public as guidance for
prioritizing its efforts. In the coming
months, the Task Force will be working
with the affected bureaus to calculate
the cost savings from any repeal,
replacement, or modification.
Request for Public Input
Interior is seeking public input on
how it can best meet the above goals
and, specifically, where redundancies
and inefficient processes can be
eliminated, while ensuring that Interior
continues to fulfill our legal obligations,
resource stewardship, and Tribal trust
responsibilities and minimizes the risk
of lengthy and costly appeals and
litigation. E.O. 13777 requires the
Regulatory Reform Task Force, in
performing the evaluation of regulations
to seek input and other assistance, as
permitted by law, from entities
significantly affected by Federal
regulations, including State, local, and
Tribal governments, small businesses,
consumers, non-governmental
organizations, and trade associations.
See § 3(e), E.O. 13777. To comply with
this requirement and promote
transparency in regulatory reform
efforts, Interior has established a
Regulations.gov docket to provide the
public with the ability to provide
comments on regulatory reform on an
ongoing basis. Interior encourages the
public, and particularly anyone
significantly affected by regulations, to
provide input and assistance in
identifying regulations for repeal,
replacement, or modification that:
• Eliminate jobs, or inhibit job
creation;
• Are outdated, unnecessary, or
ineffective;
• Impose costs that exceed benefits;
• Create a serious inconsistency or
otherwise interfere with regulatory
reform initiatives and policies;
• Rely, in part or in whole, on data
or methods that are not publicly
available or insufficiently transparent to
meet the standard for reproducibility; or
• Derive from or implement E.O.s or
other Presidential directives that have
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28431
been subsequently rescinded or
substantially modified.
Periodically, Interior will review the
written input to determine whether
additional regulations should be
targeted for review and considered for
suspension, revision, or rescission.
Measuring Future Progress
To measure future progress, Interior
will incorporate performance indicators
for the regulatory reform initiative into
Interior’s annual performance plan
under the Government Performance and
Results Act. OMB has issued guidance
regarding the appropriate performance
indicators and established deadlines for
setting targets for each of those
indicators in the Fiscal Year (FY) 2018
and FY 2019 annual performance plans.
Authority
This notice is published pursuant to
E.O. 13777, 82 FR 12285 (February 24,
2017).
Dated: June 15, 2017.
James Cason,
Associate Deputy Secretary and Regulatory
Reform Officer.
[FR Doc. 2017–13062 Filed 6–21–17; 8:45 am]
BILLING CODE 4334–64–P
DEPARTMENT OF EDUCATION
34 CFR Subtitles A and B
[Docket ID: ED–2017–OS–0074]
Evaluation of Existing Regulations
Office of the Secretary,
Department of Education.
ACTION: Request for comments.
AGENCY:
In accordance with Executive
Order 13777, ‘‘Enforcing the Regulatory
Reform Agenda,’’ the Department of
Education (Department) is seeking input
on regulations that may be appropriate
for repeal, replacement, or modification.
DATES: We must receive your comments
no later than August 21, 2017.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or email. To ensure
that we do not receive duplicate copies,
please submit your comments only
once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket is available on the
site under the ‘‘Help’’ tab.
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Proposed Rules]
[Pages 28429-28431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13062]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
25 CFR Chapters I-VII
30 CFR Chapters II, IV, V, VII, XII
36 CFR Chapter I
43 CFR Subtitles A, B Chapter I, II
50 CFR Chapter I
[133D5670LC DS10100000 DLCAP0000.000000 WBS DX.10120]
Regulatory Reform
AGENCY: Office of the Secretary, Interior.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: This document requests public input on how the Department of
the Interior (Interior) can improve implementation of regulatory reform
initiatives and policies and identify regulations for repeal,
replacement, or modification. This document also provides an overview
of Interior's approach for implementing the regulatory reform
initiative to alleviate unnecessary burdens placed on the American
people, which was established by President Trump in Executive Order
(E.O.) 13777, ``Enforcing the Regulatory Reform Agenda.''
DATES: No deadline for the receipt of comments on this effort has been
established at this time; Interior will review comments on an ongoing
basis.
ADDRESSES: Electronically: Go to the Federal eRulemaking Portal:
www.regulations.gov. In the Search box, enter the appropriate document
number from the table below. Please comment on the document number that
correlates to the agency most relevant to your comments:
------------------------------------------------------------------------
Agency(ies) Document No.
------------------------------------------------------------------------
Office of the Assistant DOI-2017-0003-0002.
Secretary--Indian Affairs,
Bureau of Indian Affairs,
Bureau of Indian Education.
Bureau of Land Management...... DOI-2017-0003-0003.
Bureau of Ocean Energy DOI-2017-0003-0004.
Management.
Bureau of Reclamation.......... DOI-2017-0003-0005.
Bureau of Safety and DOI-2017-0003-0006.
Environmental Enforcement.
National Park Service.......... DOI-2017-0003-0007.
Office of Surface Mining DOI-2017-0003-0008.
Reclamation and Enforcement.
U.S. Fish and Wildlife Service. DOI-2017-0003-0009.
U.S. Geological Survey......... DOI-2017-0003-00010.
Other Interior agencies and DOI-2017-0003-00011.
offices.
------------------------------------------------------------------------
You may then submit information by clicking on ``Comment Now!'' If
your information will fit in the provided comment box, please use this
feature of www.regulations.gov, as it is most compatible with our
information review
[[Page 28430]]
procedures. If you attach your information as a separate document, our
preferred file format is Microsoft Word. If you attach multiple
comments (such as form letters), our preferred format is a spreadsheet
in Microsoft Excel.
Alternatively, you may submit comments by mail to: Office of the
Executive Secretariat--ATTN: Reg. Reform, U.S. Department of the
Interior, 1859 C Street NW., Mail Stop 7328, Washington, DC 20240.
Additional information on this effort can be found at www.doi.gov/regulatory-reform/implement.
FOR FURTHER INFORMATION CONTACT: Mark Lawyer, Office of the Executive
Secretariat, (202) 208-5257, email: regulatoryreform@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
Goals of the Regulatory Reform Initiative
E.O. 13777 establishes two main goals \1\ for Federal agencies in
furtherance of alleviating unnecessary burdens placed on the American
people:
---------------------------------------------------------------------------
\1\ See Sec. 3(g) of E.O. 13777.
---------------------------------------------------------------------------
(1) Improve implementation of the regulatory reform initiatives and
policies specified in section 2 of E.O. 13771 [E.O. 13771 (Reducing
Regulation and Controlling Regulatory Costs); E.O. 12866 (Regulatory
Planning and Review), as amended; Section 6 of E.O. 13563 (Improving
Regulation and Regulatory Review) regarding retrospective review; and
termination, consistent with applicable law, of programs and activities
that derive from or implement E.O.s, guidance documents, policy
memoranda, rule interpretations, and similar documents, or relevant
portions thereof, that have been rescinded]; and
(2) Identify regulations for repeal, replacement, or modification
considering, at a minimum, those regulations that:
Eliminate jobs, or inhibit job creation;
Are outdated, unnecessary, or ineffective;
Impose costs that exceed benefits;
Create a serious inconsistency or otherwise interfere with
regulatory reform initiatives and policies;
Rely, in part or in whole, on data or methods that are not
publicly available or insufficiently transparent to meet the standard
for reproducibility; or
Derive from or implement E.O.s or other Presidential
directives that have been subsequently rescinded or substantially
modified.\2\
---------------------------------------------------------------------------
\2\ See Sec. 3(d) of E.O. 13777.
---------------------------------------------------------------------------
Interior's Progress and Plan for Regulatory Reform
To lead regulatory reform efforts at Interior, the Acting Chief of
Staff established Interior's Regulatory Reform Task Force on March 15,
2017, pursuant to E.O. 13777. The Task Force is closely examining all
regulatory actions that are currently in process and identifying
potential deregulatory actions to ensure compliance with regulatory
reform goals. Interior and the Task Force welcome public input on
regulatory and deregulatory actions that could quantifiably lessen the
burden on the American public.
A cornerstone of the Task Force's review of Interior's regulatory
burden on the American public has been its thoughtful approach to
Interior's regulatory portfolio. The regulatory portfolio includes
significant regulations subject to retrospective review under Section 6
of E.O. 13563, meaning that they are periodically reviewed to determine
whether they may be outmoded, ineffective, insufficient, or excessively
burdensome. The Task Force is rolling these efforts into the larger
regulatory reform effort to change or repeal unduly burdensome rules,
as appropriate. The Task Force is also taking a holistic approach to
ensure that each individual regulatory action it pursues and Interior's
future regulatory portfolio as a whole advance the goal of alleviating
unnecessary regulatory burdens placed on the American people,
consistent with the law. The Task Force is accomplishing this by
examining each regulatory action for alignment with the priorities of
the Administration, the goals and requirements of applicable Executive
Orders issued by the President, and Secretary's Orders issued by the
Secretary of the Interior. This deliberate approach ensures that each
semi-annual regulatory agenda published under E.O. 12866 will list only
those regulations that the Department has a relatively high degree of
confidence will move forward within the coming 12 months. With the
publication of each semi-annual regulatory agenda, the public will have
the opportunity to provide feedback, which the Task Force will consider
as part of the regulatory reform effort. For individual regulations,
the Task Force also intends to make greater use of advance notices of
proposed rulemaking (ANPRMs), where possible, to solicit input on the
front end as to how any given regulatory action could be tailored to
reduce or eliminate burden.
Part of the regulatory reform effort underway in Interior includes
implementing the requirement known colloquially as the ``two-for-one''
requirement. This requirement was established by President Trump in
E.O. 13771, and detailed in Office of Management and Budget (OMB)
Interim Guidance issued February 2, 2017, and OMB Guidance of April 5,
2017. These documents require Federal agencies to: (1) Issue two
``deregulatory'' actions for each new significant regulatory action
that imposes costs; and (2) fully offset the total incremental cost of
such new significant regulatory action. Interior is in the process of
reviewing existing regulations (significant and non-significant) to
identify actions that can be repealed. The cost savings associated with
to-be-repealed actions will offset the costs of any new significant
regulations that are necessary for promulgation; to account for these
offsets, bureaus are working to quantify undue burden, where possible.
The Task Force has also taken initial steps toward deregulatory
actions, using specific rule rescissions already identified through
various means as a starting point for a more widespread reduction in
regulatory actions. For example, the Task Force's review will encompass
actions that were initiated by the previous Administration and subject
to repeal under the Congressional Review Act (CRA). The President
approved a joint resolution of disapproval for the following
regulations under the CRA:
The Bureau of Land Management's (BLM) Resource Management
Planning; 43 CFR part 1600;
The U.S. Fish and Wildlife Services' Non-Subsistence Take
of Wildlife, and Public Participation and Closure Procedures, on
National Wildlife Refuges in Alaska; 50 CFR parts 32 and 36; and
The Office of Surface Mining, Reclamation and
Enforcement's (OSMRE) Stream Protection Rule; 30 CFR parts 700, 701,
773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827.
Through Secretary's Order No. 3349, American Energy Independence
(Mar. 29, 2017), Interior announced its intention to review all
existing actions that potentially burden the development or utilization
of domestically produced energy resources and suspend, revise, or
rescind such agency actions as soon as practicable. Interior's review
will also give particular attention to the four Interior rules related
to United States oil and gas development that are identified in section
7 of E.O. 13783 (Promoting Energy Independence and Economic Growth).
Specifically, Secretary's Order 3349 provides that:
[[Page 28431]]
BLM will proceed expeditiously with a proposed rule to
rescind the final rule entitled ``Oil and Gas; Hydraulic Fracturing on
Federal and Indian Lands,'' 80 FR 16128 (March 26, 2015).
The National Park Service will review the final rule
entitled ``General Provisions and Non-Federal Oil and Gas Rights,'' 81
FR 77972 (November 4, 2016);
The U.S. Fish and Wildlife Service will review the final
rule entitled ``Management of Non Federal Oil and Gas Rights,'' 81 FR
79948 (November 14, 2016); and
The BLM will review the final rule entitled ``Waste
Prevention, Production Subject to Royalties, and Resource
Conservation,'' 81 FR 83008 (November 18, 2016).
The Office of Natural Resources Revenue has already taken the
following actions in accordance with this objective:
Published a proposed rule to repeal the ``Consolidated
Federal Oil & Gas and Federal & Indian Coal Valuation Rule'' published
on July 1, 2016 (81 FR 43338). See 82 FR 16323 (April 4, 2017).
Published an Advance Notice of Proposed Rulemaking (ANPRM)
on April 4, 2017 (82 FR 16325) seeking comments on whether revisions
are needed to the regulations governing valuation, for royalty
purposes, of oil and gas produced from Federal onshore and offshore
leases and coal produced from Federal and Indian lands, and if
revisions are appropriate, what specific revisions merit consideration.
Interior is also reviewing regulations to determine whether any
require revision or rescission based on the mitigation policy review,
climate change policy review, and review of other actions affecting
energy development required by E.O. 13783.
Interior's review also gives particular attention to the three
Interior rules related to offshore energy that are identified in
sections 7, 8, and 11 of E.O. 13795 (Implementing an America-First
Offshore Energy Strategy). To implement E.O. 13795, Interior issued
Secretary's Order 3350, America-First Offshore Energy, which provides
deadlines for review of the rules identified in the E.O. Specifically,
the Secretary's Order directs the Bureau of Safety and Environmental
Enforcement and the Bureau of Ocean Energy Management to review:
The proposed rule ``Offshore Air Quality Control,
Reporting, and Compliance'' published on April 5, 2016. See 81 FR
19717;
The final rule ``Oil and Gas and Sulfur Operations in the
Outer Continental Shelf--Blowout Preventer Systems and Well Control,''
published on April 29, 2016. See 81 FR 25887.
The final rule ``Oil and Gas and Sulfur Operations on the
Outer Continental Shelf--Requirements for Exploratory Drilling on the
Arctic Outer Continental Shelf,'' published on July 15, 2016. See 81 FR
46478.
Secretary's Order 3350 also requires identifying other rules that
have been adopted or are in the process of being developed that relate
to the above rules.
As it identifies any other potential deregulatory actions and their
cost savings, the Task Force will consider input from the public as
guidance for prioritizing its efforts. In the coming months, the Task
Force will be working with the affected bureaus to calculate the cost
savings from any repeal, replacement, or modification.
Request for Public Input
Interior is seeking public input on how it can best meet the above
goals and, specifically, where redundancies and inefficient processes
can be eliminated, while ensuring that Interior continues to fulfill
our legal obligations, resource stewardship, and Tribal trust
responsibilities and minimizes the risk of lengthy and costly appeals
and litigation. E.O. 13777 requires the Regulatory Reform Task Force,
in performing the evaluation of regulations to seek input and other
assistance, as permitted by law, from entities significantly affected
by Federal regulations, including State, local, and Tribal governments,
small businesses, consumers, non-governmental organizations, and trade
associations. See Sec. 3(e), E.O. 13777. To comply with this
requirement and promote transparency in regulatory reform efforts,
Interior has established a Regulations.gov docket to provide the public
with the ability to provide comments on regulatory reform on an ongoing
basis. Interior encourages the public, and particularly anyone
significantly affected by regulations, to provide input and assistance
in identifying regulations for repeal, replacement, or modification
that:
Eliminate jobs, or inhibit job creation;
Are outdated, unnecessary, or ineffective;
Impose costs that exceed benefits;
Create a serious inconsistency or otherwise interfere with
regulatory reform initiatives and policies;
Rely, in part or in whole, on data or methods that are not
publicly available or insufficiently transparent to meet the standard
for reproducibility; or
Derive from or implement E.O.s or other Presidential
directives that have been subsequently rescinded or substantially
modified.
Periodically, Interior will review the written input to determine
whether additional regulations should be targeted for review and
considered for suspension, revision, or rescission.
Measuring Future Progress
To measure future progress, Interior will incorporate performance
indicators for the regulatory reform initiative into Interior's annual
performance plan under the Government Performance and Results Act. OMB
has issued guidance regarding the appropriate performance indicators
and established deadlines for setting targets for each of those
indicators in the Fiscal Year (FY) 2018 and FY 2019 annual performance
plans.
Authority
This notice is published pursuant to E.O. 13777, 82 FR 12285
(February 24, 2017).
Dated: June 15, 2017.
James Cason,
Associate Deputy Secretary and Regulatory Reform Officer.
[FR Doc. 2017-13062 Filed 6-21-17; 8:45 am]
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