81 FR 79408 - Management of Non-Federal Oil and Gas Rights
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 219 (November 14, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 219 (November 14, 2016)
| Page Range | 79408-79409 | |
| FR Document | 2016-27215 |
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)] [Proposed Rules] [Pages 79408-79409] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27215] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 28 and 29 [Docket No. FWS-HQ-NWRS-2012-0086; FXRS12610900000-167-FF09R24000] RIN 1018-AX36 Management of Non-Federal Oil and Gas Rights AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; availability of record of decision. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make available the final record of decision (ROD) on revising regulations governing non-Federal oil and gas activities on National Wildlife Refuge System lands in order to improve our ability to protect refuge resources, visitors, and the general public's health and safety from potential impacts associated with non-Federal oil and gas operations located within refuges. The Service has selected Alternative B, implementation of the final rule, Management of Non-Federal Oil and Gas Rights, which revises current Service regulations, as its final decision. This decision is described and analyzed in the final environmental impact statement and summarized in the ROD. ADDRESSES: Copies of the ROD are available for public review at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html and at http://www.regulations.gov under Docket No. FWS-HQ-NWRS-2012-0086. FOR FURTHER INFORMATION CONTACT: Scott Covington, U.S. Fish and Wildlife Service, Division of Natural Resources and Planning, MS: NWRS, 5275 Leesburg Pike, Falls Church, Virginia 22041; telephone 703-358- 2427. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339. Further contact information can be found on the Refuge's Energy Program Web site at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html. SUPPLEMENTARY INFORMATION: Background With this document, we announce the availability of the record of decision (ROD) for the final environmental impact statement (EIS) analyzing revisions to the Service's regulations governing non-Federal oil and gas development on lands of the National Wildlife Refuge System (NWRS). Non-Federal oil and gas development refers to oil and gas activities associated with any private, State, or tribally owned mineral interest where the surface estate is administered by the Service as part of the Refuge System. On February 24, 2014, we issued an advance notice of proposed rulemaking (79 FR 10080) to assist us in developing a proposed rule and announced our intent to prepare an EIS; the comment period for this document closed April 25, 2014. In response to requests we received, on June 9, 2014, we reopened the comment period until July 9, 2014 (79 FR 32903). During the two comment periods, we received almost 80,000 responses, mostly form letters, of which greater than 99 percent were in support of revising the existing regulations. We reviewed and considered substantive comments as we drafted the proposed rule. On December 11, 2015, we published a proposed rule and draft EIS (80 FR 77200). In response to the proposed rule and draft EIS, we received almost 40,000 responses, mostly form letters. All comments we received were carefully considered and, where appropriate, incorporated into the final rule and EIS. On August 22, 2016, we announced the availability of a final EIS, which evaluated the impacts of three alternatives (81 FR 56575): The FEIS evaluates the impacts of the following three alternatives: Alternative A, the no-action alternative, retains the current level of regulation and oversight of oil and gas activities by the Service. [[Page 79409]] Alternative B, the Service's selected alternative to implement, establishes a uniform process for when and how an operator must obtain an ``operations permit'' and ensures that all new operations on the NWRS are conducted under a suite of performance-based standards for avoiding or minimizing impacts to refuge resources or visitor uses. Alternative B also ensures that all operators on the NWRS successfully reclaim their area of operations once operations end. Under Alternative B, operations in Alaska would continue to be governed by title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh- 410hh-5, 16 U.S.C. 3101 et seq., 43 U.S.C. 1601 et seq.), and the Department's implementing regulations and standards found at 43 CFR part 36. Alternative C includes all the proposed changes in Alternative B, with these additions: Service jurisdiction would expand to regulate non-Federal oil and gas operations that occur on private surface within the boundary of a refuge (i.e., inholdings) and to operations on non- Federal surface locations that use directional drilling to access non- Federal oil and gas underneath the surface of a refuge; and performance-based standards and the permitting process would expand to actively regulate downhole operations such as well cementing, well casing, and well integrity testing. Decision The Service has determined that Alternative B, the agency-preferred alternative, best meets the agency's purpose and needs for revising regulations governing non-Federal oil and gas activities on the NWRS, because it most appropriately balances protection for refuge resources and uses with the administrative and cost burden imposed on both the regulated community and the Service. Therefore, it is the Service's decision to implement Alternative B, and make final the rule defined by that alternative for managing non-Federal oil and gas activities on the NWRS. This decision is based on the information contained in the final EIS. The ROD was prepared pursuant to the requirements of the Council on Environmental Quality regulations for implementing NEPA at 40 CFR parts 1500-1508 and the Department of the Interior's implementing regulations. Authority We issue this document under the authority of the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and the Department of the Interior regulations that implement NEPA (part 46 of title 43 of the Code of Federal Regulations) and the National Wildlife Refuge System Administration Act, as amended by the National Wildlife Refuge System Improvement Act (16 U.S.C. 668dd et seq.). Dated: October 5, 2016 Michael J. Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016-27215 Filed 11-10-16; 8:45 am] BILLING CODE 4333-15-P
![79408 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules
FOR FURTHER INFORMATION CONTACT: PART 73—RADIO BROADCAST www.fws.gov/refuges/oil-and-gas/
Adrienne Y. Denysyk, Media Bureau, SERVICES rulemaking.html and at http://
(202) 418–2700. www.regulations.gov under Docket No.
■ 1. The authority citation for part 73 FWS–HQ–NWRS–2012–0086.
SUPPLEMENTARY INFORMATION: This is a continues to read as follows:
synopsis of the Commission’s Notice of FOR FURTHER INFORMATION CONTACT:
Proposed Rule Making, MB Docket No. Authority: 47 U.S.C. 154, 303, 334, 336 Scott Covington, U.S. Fish and Wildlife
16–362, adopted October 27, 2016. The and 339. Service, Division of Natural Resources
FM Table of Allotment does not contain and Planning, MS: NWRS, 5275
§ 73.202 [Amended]
vacant Channel 224A at Mullins, Texas Leesburg Pike, Falls Church, Virginia
■ 2. In § 73.202(b) amend the table 22041; telephone 703–358–2427. If you
because the channel was removed from under Texas by adding Mullin, Channel
the FM Table because it was auctioned use a telecommunications device for the
277A to read as follows: deaf (TDD), call the Federal Information
in Auction 93, and considered an
authorized station. See 79 FR 64125, § 73.202 Table of Allotments. Relay Service (FIRS) at 800–877–8339.
published October 28, 2014. Channel Further contact information can be
* * * * *
224A at Mullins, Texas is no longer found on the Refuge’s Energy Program
(b) Table of FM Allotments.
considered an authorized station but Web site at http://www.fws.gov/refuges/
instead a vacant allotment because the Texas
oil-and-gas/rulemaking.html.
construction permit for Station DKFON SUPPLEMENTARY INFORMATION:
was cancelled on January 8, 2016. See Background
File No. BNPH–20120523ABP. The full * * * * *
text of this Commission decision is Mullin .................................... 277A With this document, we announce the
available for inspection and copying availability of the record of decision
* * * * * (ROD) for the final environmental
during normal business hours in the
FCC’s Reference Information Center at impact statement (EIS) analyzing
* * * * * revisions to the Service’s regulations
Portals II, CY–A257, 445 12th Street, [FR Doc. 2016–27221 Filed 11–10–16; 8:45 am]
SW., Washington, DC 20554. The full governing non-Federal oil and gas
BILLING CODE 6712–01–P
text is also available online at http:// development on lands of the National
apps.fcc.gov/ecfs/. This document does Wildlife Refuge System (NWRS). Non-
not contain proposed information Federal oil and gas development refers
DEPARTMENT OF THE INTERIOR to oil and gas activities associated with
collection requirements subject to the
Paperwork Reduction Act of 1995, any private, State, or tribally owned
Fish and Wildlife Service mineral interest where the surface estate
Public Law 104–13. In addition,
therefore, it does not contain any is administered by the Service as part of
50 CFR Parts 28 and 29 the Refuge System.
proposed information collection burden
‘‘for small business concerns with fewer [Docket No. FWS–HQ–NWRS–2012–0086; On February 24, 2014, we issued an
than 25 employees,’’ pursuant to the FXRS12610900000–167–FF09R24000] advance notice of proposed rulemaking
Small Business Paperwork Relief Act of RIN 1018–AX36
(79 FR 10080) to assist us in developing
2002, Public Law 107–198, see 44 U.S.C. a proposed rule and announced our
3506(c)(4). Management of Non-Federal Oil and intent to prepare an EIS; the comment
Gas Rights period for this document closed April
Provisions of the Regulatory
25, 2014. In response to requests we
Flexibility Act of l980 do not apply to AGENCY: Fish and Wildlife Service, received, on June 9, 2014, we reopened
this proceeding. Interior. the comment period until July 9, 2014
Members of the public should note ACTION: Proposed rule; availability of (79 FR 32903). During the two comment
that from the time a Notice of Proposed record of decision. periods, we received almost 80,000
Rule Making is issued until the matter responses, mostly form letters, of which
is no longer subject to Commission SUMMARY: We, the U.S. Fish and greater than 99 percent were in support
consideration or court review, all ex Wildlife Service (Service), make of revising the existing regulations. We
parte contacts are prohibited in available the final record of decision reviewed and considered substantive
Commission proceedings, such as this (ROD) on revising regulations governing comments as we drafted the proposed
one, which involve channel allotments. non-Federal oil and gas activities on rule. On December 11, 2015, we
See 47 CFR 1.1204(b) for rules National Wildlife Refuge System lands published a proposed rule and draft EIS
governing permissible ex parte contacts. in order to improve our ability to protect (80 FR 77200). In response to the
For information regarding proper refuge resources, visitors, and the proposed rule and draft EIS, we
filing procedures for comments, see 47 general public’s health and safety from received almost 40,000 responses,
CFR 1.415 and 1.420. potential impacts associated with non- mostly form letters. All comments we
Federal oil and gas operations located received were carefully considered and,
List of Subjects in 47 CFR Part 73 within refuges. The Service has selected where appropriate, incorporated into
Alternative B, implementation of the the final rule and EIS. On August 22,
Radio, Radio broadcasting.
final rule, Management of Non-Federal 2016, we announced the availability of
Federal Communications Commission. Oil and Gas Rights, which revises a final EIS, which evaluated the impacts
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Nazifa Sawez, current Service regulations, as its final of three alternatives (81 FR 56575):
Assistant Chief, Audio Division, Media decision. This decision is described and The FEIS evaluates the impacts of the
Bureau. analyzed in the final environmental following three alternatives:
For the reasons discussed in the impact statement and summarized in Alternative A, the no-action
preamble, the Federal Communications the ROD. alternative, retains the current level of
Commission proposes to amend 47 CFR ADDRESSES: Copies of the ROD are regulation and oversight of oil and gas
part 73 as follows: available for public review at http:// activities by the Service.
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![Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules 79409
Alternative B, the Service’s selected 46 of title 43 of the Code of Federal 71672) for the other public hearings,
alternative to implement, establishes a Regulations) and the National Wildlife conference calls, and an HMS Advisory
uniform process for when and how an Refuge System Administration Act, as Panel meeting dates, times, and
operator must obtain an ‘‘operations amended by the National Wildlife locations.
permit’’ and ensures that all new Refuge System Improvement Act (16 ADDRESSES: NMFS will hold a public
operations on the NWRS are conducted U.S.C. 668dd et seq.). hearing on the proposed rule for
under a suite of performance-based Dated: October 5, 2016 Amendment 5b to the 2006
standards for avoiding or minimizing Consolidated HMS FMP (October 18,
Michael J. Bean,
impacts to refuge resources or visitor 2016, 81 FR 71672) in Satellite Beach,
Principal Deputy Assistant Secretary for Fish
uses. Alternative B also ensures that all FL. For specific location, date and time
and Wildlife and Parks.
operators on the NWRS successfully see the SUPPLEMENTARY INFORMATION
[FR Doc. 2016–27215 Filed 11–10–16; 8:45 am]
reclaim their area of operations once section of this document.
operations end. Under Alternative B, BILLING CODE 4333–15–P
Copies of the supporting documents—
operations in Alaska would continue to including the draft environmental
be governed by title XI of the Alaska impact statement (DEIS), Regulatory
National Interest Lands Conservation DEPARTMENT OF COMMERCE
Impact Review (RIR), Initial Regulatory
Act (16 U.S.C. 410hh–410hh–5, 16 Flexibility Analysis (IRFA), and the
U.S.C. 3101 et seq., 43 U.S.C. 1601 et National Oceanic and Atmospheric
Administration 2006 Consolidated Atlantic HMS FMP
seq.), and the Department’s are available from the HMS Web site at
implementing regulations and standards http://www.nmfs.noaa.gov/sfa/hms/ or
found at 43 CFR part 36. 50 CFR Part 635
by contacting Tobey Curtis at 978–281–
Alternative C includes all the RIN 0648–BD22 9273.
proposed changes in Alternative B, with
these additions: Service jurisdiction Atlantic Highly Migratory Species; FOR FURTHER INFORMATION CONTACT:
would expand to regulate non-Federal Atlantic Shark Management Measures; Tobey Curtis at 978–281–9273 or Karyl
oil and gas operations that occur on Draft Amendment 5b Brewster-Geisz at 301–427–8503.
private surface within the boundary of SUPPLEMENTARY INFORMATION:
a refuge (i.e., inholdings) and to AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and Background
operations on non-Federal surface
locations that use directional drilling to Atmospheric Administration (NOAA), On October 18, 2016, NMFS
access non-Federal oil and gas Commerce. published a proposed rule (81 FR
underneath the surface of a refuge; and ACTION: Notice of change of public 71672) for Draft Amendment 5b to the
performance-based standards and the hearing location. 2006 Consolidated HMS FMP based on
permitting process would expand to the results of the 2016 stock assessment
SUMMARY: On October 18, 2016, NMFS update for Atlantic dusky sharks. Based
actively regulate downhole operations
published a proposed rule for on this assessment, NMFS determined
such as well cementing, well casing,
Amendment 5b to the 2006 that the dusky shark stock remains
and well integrity testing.
Consolidated Highly Migratory Species overfished and is experiencing
Decision (HMS) Fishery Management Plan (FMP) overfishing and in the Draft Amendment
The Service has determined that based on the results of the 2016 stock proposed management measures that
Alternative B, the agency-preferred assessment update for Atlantic dusky would reduce fishing mortality on
alternative, best meets the agency’s sharks. Based on the assessment update, dusky sharks and rebuild the dusky
purpose and needs for revising NMFS determined that the stock shark population consistent with legal
regulations governing non-Federal oil remains overfished and is experiencing requirements. The comment period for
and gas activities on the NWRS, because overfishing. As described in the the proposed rule closes December 22,
it most appropriately balances proposed rule, NMFS proposed 2016, and any comments received
protection for refuge resources and uses management measures that would during the comment period will be
with the administrative and cost burden reduce fishing mortality on dusky considered in the development of Final
imposed on both the regulated sharks and rebuild the dusky shark Amendment 5b to the 2006
community and the Service. Therefore, population, consistent with legal Consolidated HMS FMP.
it is the Service’s decision to implement requirements. The proposed rule
included times and locations of several Request for Comments
Alternative B, and make final the rule
defined by that alternative for managing public hearings. This notice announces As announced in the proposed rule,
non-Federal oil and gas activities on the that we are changing the location of the NMFS will hold six public hearings (in
NWRS. This decision is based on the Florida public hearing. New Jersey, Rhode Island, Louisiana,
information contained in the final EIS. DATES: NMFS will hold six public Texas, Florida, and North Carolina) to
The ROD was prepared pursuant to the hearings on Draft Amendment 5b as provide the opportunity for public
requirements of the Council on announced in the October 18, 2016 comment on the proposed measures.
Environmental Quality regulations for proposed rule, except the November 21, NMFS will also hold one public
implementing NEPA at 40 CFR parts 2016 meeting location has changed from conference call/webinar to provide
1500–1508 and the Department of the Melbourne, Florida, to Satellite Beach, individuals an opportunity to submit
Florida. Written comments on the public comment if they are unable to
Lhorne on DSK30JT082PROD with PROPOSALS
Interior’s implementing regulations.
October 18, 2016 proposed rule for attend a public hearing. Due to a
Authority Amendment 5b will be accepted until scheduling conflict at the Melbourne
We issue this document under the December 22, 2016. See SUPPLEMENTARY Public Library, the location of the
authority of the National Environmental INFORMATION for the revised Florida Florida public hearing announced in the
Policy Act (NEPA) (42 U.S.C. 4321 et meeting location. See SUPPLEMENTARY proposed rule has changed. The public
seq.) and the Department of the Interior INFORMATION in the Amendment 5b hearing will now be held in Satellite
regulations that implement NEPA (part proposed rule (October 18, 2016, 81 FR Beach, FL; the date and time have not
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Document Created: 2018-10-24 10:45:56
Document Modified: 2018-10-24 10:45:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; availability of record of decision. | |
| Contact | Scott Covington, U.S. Fish and Wildlife Service, Division of Natural Resources and Planning, MS: NWRS, 5275 Leesburg Pike, Falls Church, Virginia 22041; telephone 703-358- 2427. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339. Further contact information can be found on the Refuge's Energy Program Web site at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html. | |
| FR Citation | 81 FR 79408 | |
| RIN Number | 1018-AX36 | |
| CFR Citation | 50
CFR
28 50 CFR 29 |
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