Rights of Way; Removal of Outdated Reference, 2069-2070 [2018-00516]
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
available for demonstrations under this
section, and for the sale or distribution
of printed matter and the free
distribution of other message-bearing
items under § 2.52, only if these
activities would not:
*
*
*
*
*
(2) The superintendent must
designate on a map, which must be
available in the office of the
superintendent and by public notice
under § 1.7 of this chapter, the locations
designated as available for
demonstrations, the sale or distribution
of printed matter, and the free
distribution of other message bearing
items.
*
*
*
*
*
■ 3. Amend § 2.52 by:
■ a. Revising the section heading;
■ b. Revising the paragraph (a) subject
heading;
■ c. Adding two sentences at the end of
paragraph (a);
■ d. Revising paragraph (b) introductory
text; and
■ e. Revising paragraph (i) introductory
text.
The revisions and additions to read as
follows:
daltland on DSKBBV9HB2PROD with RULES
§ 2.52 Sale of printed matter and the
distribution of printed matter and other
message-bearing items.
(a) Printed matter and other messagebearing items. * * * The term ‘‘other
message-bearing items’’ means a
message-bearing item that is not
‘‘printed matter’’ and is not solely
commercial advertising. Other messagebearing items include, but are not
limited to: Readable electronic media
such as CDs, DVDs, and flash drives;
clothing and accessories such as hats
and key chains; buttons; pins; and
bumper stickers.
(b) Permits and the small group
permit exception. The sale or
distribution of printed matter, and the
free distribution of other messagebearing items without asking for or
demanding payment or donation, is
allowed within park areas if it occurs in
an area designated as available under
§ 2.51(c)(2) and when the
superintendent has issued a permit for
the activity, except that:
*
*
*
*
*
(i) Misrepresentation. Persons engaged
in the sale or distribution of printed
matter or the free distribution of other
message-bearing items under this
section are prohibited from
misrepresenting the purposes or
affiliations of those engaged in the sale
or distribution, and misrepresenting
whether the printed matter or other
VerDate Sep<11>2014
16:55 Jan 12, 2018
Jkt 244001
message-bearing items are available
without cost or donation.
*
*
*
*
*
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks Exercising the
Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2018–00515 Filed 1–12–18; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 14
[NPS–WASO–24690; PPWOVPADU0/
PPMPRLE1Y.Y00000]
RIN 1024–AE42
Rights of Way; Removal of Outdated
Reference
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
This rule removes an
outdated reference to a document
establishing environmental criteria for
electric transmissions lines that is no
longer used by the National Park Service
to evaluate applications for right-of-way
permits.
DATES: This rule is effective January 16,
2018.
FOR FURTHER INFORMATION CONTACT: Jay
Calhoun, NPS Division of Jurisdiction,
Regulations, and Special Park Uses,
(202) 513–7112, john_calhoun@nps.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On July 11, 1980, the National Park
Service (NPS) promulgated regulations
at 36 CFR part 14 that provide a process
for the review, consideration, and
approval or disapproval of requests for
rights-of-way across all areas of the
National Park System. 45 FR 47092.
Section 14.78 describes the process for
filing applications for rights-of-way for
power transmission lines. Paragraph
(b)(6)(i) of this section requires that the
applicant include a detailed description
of the environmental impact of the
project that provides information about
the impact of the project on airspace, air
and water quality, scenic and aesthetic
features, historical and archeological
features, and wildlife, fish, and marine
life. Paragraph (b)(6)(ii) requires that the
proposed site, design, and construction
of the project be consistent with a
document entitled the ‘‘Environmental
Criteria for Electric Transmission
Lines.’’ This document was published
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
2069
by the Department of the Interior and
the Department of Agriculture in 1970
and revised in 1979. This document is
no longer available and no longer used
by the NPS to evaluate applications for
right-of-way permits for power
transmission lines.
This rule removes paragraph (b)(6)(ii)
from § 14.78 because the reference to the
environmental criteria document is
obsolete and outdated. The NPS will
continue to evaluate applications for
rights-of-way for power transmission
lines in accordance the other provisions
in subpart F of 36 CFR part 14. This rule
also updates the authority line for 36
CFR part 14 to reflect the 2014
recodification of former 16 U.S.C. 5 and
79 into 54 U.S.C. 100902.
Compliance With Other Laws,
Executive Orders, and Department
Policy
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
significant rules. OIRA has determined
that this rule is not significant.
Executive Order 13563 reaffirms the
principles of Executive Order 12866
while calling for improvements in the
nation’s regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
Executive Order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. Executive Order 13563
emphasizes further that agencies must
base regulations on the best available
science and the rulemaking process
must allow for public participation and
an open exchange of ideas. We have
developed this rule in a manner
consistent with these requirements.
Reducing Regulation and Controlling
Regulatory Costs (Executive Order
13771)
This rule is an E.O. 13771
deregulatory action because it will have
costs less than zero. This rule will
remove an outdated requirement. This
will reduce the potential for confusion
and may result in a more efficient
application process for those applying
for rights of way for power transmission
lines across NPS-administered lands.
This rule meets the goals of E.O. 13771
because the regulatory requirement
E:\FR\FM\16JAR1.SGM
16JAR1
2070
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
being removed is outdated and
unnecessary.
required by the UMRA (2 U.S.C. 1531 et
seq.) is not required.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
Takings (Executive Order 12630)
This rule is not a major rule under 5
U.S.C. 804(2), the SBREFA. This rule:
(a) Does not have an annual effect on
the economy of $100 million or more;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions;
(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.
Administrative Procedure Act (Notice of
Proposed Rulemaking)
We recognize that under 5 U.S.C.
553(b) and (c) notice of proposed rules
ordinarily must be published in the
Federal Register and the agency must
give interested parties an opportunity to
submit their views and comments. We
have determined under 5 U.S.C. 553(b)
and 318 DM HB 5.3, however, that
notice and public comment for this rule
are not required. We find good cause to
treat notice and comment as
unnecessary. As discussed above, the
document entitled ‘‘Environmental
Criteria for Electric Transmission Lines’’
is no longer used by the NPS to evaluate
applications for right-of-way permits for
power transmission lines. The current
reference in 36 CFR 14.78(b)(6)(ii) is
potentially confusing for right-of-way
applicants and its removal will simply
reflect how the NPS currently processes
applications. This correction will not
benefit from public comment, and
further delaying it is contrary to the
public interest.
We also recognize that rules
ordinarily do not become effective until
at least 30 days after their publication in
the Federal Register. We have
determined, however, that good cause
exists for all the rule to be effective
immediately upon publication for the
reasons stated above.
daltland on DSKBBV9HB2PROD with RULES
Unfunded Mandates Reform Act
(UMRA)
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 does not impose requirements on
other agencies or governments. A
statement containing the information
VerDate Sep<11>2014
16:55 Jan 12, 2018
Jkt 244001
This rule does not effect a taking of
private property or otherwise have
takings implications under Executive
Order 12630. A takings implication
assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, the rule does
not have sufficient federalism
implications to warrant the preparation
of a Federalism summary impact
statement. A Federalism summary
impact statement is not required.
Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of Executive Order 12988.
This rule:
(a) Meets the criteria of section 3(a)
requiring agencies to review all
regulations to eliminate errors and
ambiguity and write them to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring agencies to write all
regulations in clear language and
contain clear legal standards.
Consultation With Indian Tribes
(Executive Order 13175 and Department
Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined it has no
substantial direct effects on federally
recognized Indian tribes and
consultation under the Department’s
tribal consultation policy is not
required.
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.)
This rule does not contain new
collections of information that require
approval by the Office of Management
and Budget under the PRA. The rule
does not impose new recordkeeping or
reporting requirements on State, tribal,
or local governments; individuals;
businesses; or organizations. We may
not conduct or sponsor and you are not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
National Environmental Policy Act
(NEPA)
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the NEPA of
1969 is not required. We have
determined the rule is categorically
excluded under 43 CFR 46.210(i)
because it is administrative, legal, and
technical in nature. We also have
determined the rule does not involve
any of the extraordinary circumstances
listed in 43 CFR 46.215 that would
require further analysis under NEPA.
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects in not required.
Drafting Information: The primary
author of this regulation was Jay
Calhoun, Regulations Program
Specialist, National Park Service.
List of Subjects in 36 CFR Part 14
Electric power, Highways and roads,
Public lands-rights-of-way.
In consideration of the foregoing, the
National Park Service amends 36 CFR
part 14 as follows:
PART 14—RIGHTS-OF-WAY
1. The authority citation for part 14 is
revised to read as follows:
■
Authority: 54 U.S.C. 100902; 23 U.S.C.
317.
§ 14.78
[Amended]
2. In § 14.78, remove and reserve
paragraph (b)(6)(ii).
■
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, exercising the
authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2018–00516 Filed 1–12–18; 8:45 am]
BILLING CODE 4310–EJ–P
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201 and 202
[Docket No. 2017–8]
Secure Tests: Extension of Comment
Period
U.S. Copyright Office, Library
of Congress.
ACTION: Interim rule with request for
comments; extension of comment
period.
AGENCY:
E:\FR\FM\16JAR1.SGM
16JAR1
]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2069-2070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00516]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 14
[NPS-WASO-24690; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE42
Rights of Way; Removal of Outdated Reference
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule removes an outdated reference to a document
establishing environmental criteria for electric transmissions lines
that is no longer used by the National Park Service to evaluate
applications for right-of-way permits.
DATES: This rule is effective January 16, 2018.
FOR FURTHER INFORMATION CONTACT: Jay Calhoun, NPS Division of
Jurisdiction, Regulations, and Special Park Uses, (202) 513-7112,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
On July 11, 1980, the National Park Service (NPS) promulgated
regulations at 36 CFR part 14 that provide a process for the review,
consideration, and approval or disapproval of requests for rights-of-
way across all areas of the National Park System. 45 FR 47092. Section
14.78 describes the process for filing applications for rights-of-way
for power transmission lines. Paragraph (b)(6)(i) of this section
requires that the applicant include a detailed description of the
environmental impact of the project that provides information about the
impact of the project on airspace, air and water quality, scenic and
aesthetic features, historical and archeological features, and
wildlife, fish, and marine life. Paragraph (b)(6)(ii) requires that the
proposed site, design, and construction of the project be consistent
with a document entitled the ``Environmental Criteria for Electric
Transmission Lines.'' This document was published by the Department of
the Interior and the Department of Agriculture in 1970 and revised in
1979. This document is no longer available and no longer used by the
NPS to evaluate applications for right-of-way permits for power
transmission lines.
This rule removes paragraph (b)(6)(ii) from Sec. 14.78 because the
reference to the environmental criteria document is obsolete and
outdated. The NPS will continue to evaluate applications for rights-of-
way for power transmission lines in accordance the other provisions in
subpart F of 36 CFR part 14. This rule also updates the authority line
for 36 CFR part 14 to reflect the 2014 recodification of former 16
U.S.C. 5 and 79 into 54 U.S.C. 100902.
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The Executive Order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that agencies must base regulations on the best
available science and the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.
Reducing Regulation and Controlling Regulatory Costs (Executive Order
13771)
This rule is an E.O. 13771 deregulatory action because it will have
costs less than zero. This rule will remove an outdated requirement.
This will reduce the potential for confusion and may result in a more
efficient application process for those applying for rights of way for
power transmission lines across NPS-administered lands. This rule meets
the goals of E.O. 13771 because the regulatory requirement
[[Page 2070]]
being removed is outdated and unnecessary.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA.
This rule:
(a) Does not have an annual effect on the economy of $100 million
or more;
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions;
(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.
Administrative Procedure Act (Notice of Proposed Rulemaking)
We recognize that under 5 U.S.C. 553(b) and (c) notice of proposed
rules ordinarily must be published in the Federal Register and the
agency must give interested parties an opportunity to submit their
views and comments. We have determined under 5 U.S.C. 553(b) and 318 DM
HB 5.3, however, that notice and public comment for this rule are not
required. We find good cause to treat notice and comment as
unnecessary. As discussed above, the document entitled ``Environmental
Criteria for Electric Transmission Lines'' is no longer used by the NPS
to evaluate applications for right-of-way permits for power
transmission lines. The current reference in 36 CFR 14.78(b)(6)(ii) is
potentially confusing for right-of-way applicants and its removal will
simply reflect how the NPS currently processes applications. This
correction will not benefit from public comment, and further delaying
it is contrary to the public interest.
We also recognize that rules ordinarily do not become effective
until at least 30 days after their publication in the Federal Register.
We have determined, however, that good cause exists for all the rule to
be effective immediately upon publication for the reasons stated above.
Unfunded Mandates Reform Act (UMRA)
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 does not
impose requirements on other agencies or governments. A statement
containing the information required by the UMRA (2 U.S.C. 1531 et seq.)
is not required.
Takings (Executive Order 12630)
This rule does not effect a taking of private property or otherwise
have takings implications under Executive Order 12630. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. A Federalism
summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
This rule:
(a) Meets the criteria of section 3(a) requiring agencies to review
all regulations to eliminate errors and ambiguity and write them to
minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring agencies to
write all regulations in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined it has no substantial
direct effects on federally recognized Indian tribes and consultation
under the Department's tribal consultation policy is not required.
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.)
This rule does not contain new collections of information that
require approval by the Office of Management and Budget under the PRA.
The rule does not impose new recordkeeping or reporting requirements on
State, tribal, or local governments; individuals; businesses; or
organizations. We may not conduct or sponsor and you are not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the NEPA of 1969 is not required. We have determined the rule is
categorically excluded under 43 CFR 46.210(i) because it is
administrative, legal, and technical in nature. We also have determined
the rule does not involve any of the extraordinary circumstances listed
in 43 CFR 46.215 that would require further analysis under NEPA.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects in not
required.
Drafting Information: The primary author of this regulation was Jay
Calhoun, Regulations Program Specialist, National Park Service.
List of Subjects in 36 CFR Part 14
Electric power, Highways and roads, Public lands-rights-of-way.
In consideration of the foregoing, the National Park Service amends
36 CFR part 14 as follows:
PART 14--RIGHTS-OF-WAY
0
1. The authority citation for part 14 is revised to read as follows:
Authority: 54 U.S.C. 100902; 23 U.S.C. 317.
Sec. 14.78 [Amended]
0
2. In Sec. 14.78, remove and reserve paragraph (b)(6)(ii).
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
exercising the authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2018-00516 Filed 1-12-18; 8:45 am]
BILLING CODE 4310-EJ-P
