82_FR_28548 82 FR 28429 - Regulatory Reform

82 FR 28429 - Regulatory Reform

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 82, Issue 119 (June 22, 2017)

Page Range28429-28431
FR Document2017-13062

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.''

Federal Register, Volume 82 Issue 119 (Thursday, June 22, 2017)
[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Proposed Rules]
[Pages 28429-28431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13062]


=======================================================================
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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: [email protected].

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]
BILLING CODE 4334-64-P



                                                                                  Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules                                                                             28429

                                                  ACE MO E5 Cape Girardeau, MO                                            localizer course extending from the airport to                           DEPARTMENT OF THE INTERIOR
                                                  [Amended]                                                               10.5 miles northeast of the ZUMAY LOM,
                                                  Cape Girardeau Regional Airport, MO                                     and within 4 miles southwest and 7.9 miles                               Office of the Secretary
                                                    (Lat. 37°13′31″ N., long. 89°34′15″ W.)                               northeast of the Lambert-St. Louis
                                                  Cape Girardeau Regional Localizer                                       International Airport Runway 12R ILS                                     25 CFR Chapters I–VII
                                                    (Lat. 37°13′18″ N., long. 89°33′25″ W.)                               localizer course extending from the airport to
                                                  Cape Girardeau VOR/DME                                                  10.5 miles northwest of the OBLIO LOM, and
                                                                                                                          within 4 miles southwest and 7.9 miles
                                                                                                                                                                                                   30 CFR Chapters II, IV, V, VII, XII
                                                    (Lat. 37°13′39″ N., long. 89°34′21″ W.)
                                                     That airspace extending upward from 700                              northeast of the Lambert-St. Louis
                                                  feet above the surface within a 6.6-mile                                International Airport Runway 30L ILS                                     36 CFR Chapter I
                                                  radius of the airport, and within 1.9 miles                             localizer course extending from the airport to
                                                  each side of the 023° bearing from the airport                          8.7 miles southeast of the airport, and within                           43 CFR Subtitles A, B Chapter I, II
                                                  extending from the 6.6-mile radius to 7.3                               a 6.9-mile radius of Spirit of St. Louis
                                                  miles north of the airport, and within 3.8                              Airport, and within 2.5 miles each side of the                           50 CFR Chapter I
                                                  miles each side of the 108° bearing from the                            079° bearing from the Spirit of St. Louis
                                                  Cape Girardeau Localizer extending from the                             Airport extending from the 6.9-mile radius of
                                                                                                                          the airport to 8.1 miles east of the airport,                            [133D5670LC DS10100000
                                                  6.6-mile radius to 14 miles east of the airport,
                                                  and within 2.4 miles each side of the 196°                              and within 4.2 miles north and 6.4 miles                                 DLCAP0000.000000 WBS DX.10120]
                                                  radial of the Cape Girardeau VOR/DME                                    south of the 259° bearing from the Spirit of
                                                  extending from the 6.6-mile radius to 7.2                               St. Louis Localizer extending from the 6.9-                              Regulatory Reform
                                                  miles south of the airport, and within 2 miles                          mile radius of the Spirit of St. Louis Airport
                                                  each side of the 203° bearing from the airport                          to 11.3 miles east of the Spirit of St. Louis                            AGENCY:        Office of the Secretary, Interior.
                                                  from the 6.6-mile radius to 7.5 miles south                             Localizer, and within 3.9 miles each side of                             ACTION:       Request for comments.
                                                  of the airport, and within 2 miles each side                            the 259° bearing from the Spirit of St. Louis
                                                  of the 280° bearing from the airport extending                          Airport extending from the 6.9-mile radius of
                                                  from the 6.6-mile radius to 7.4 miles west of                           the airport to 10.6 miles west of the airport,                           SUMMARY:   This document requests
                                                  the airport.                                                            and within a 6.4-mile radius of St. Charles                              public input on how the Department of
                                                  *        *        *         *        *                                  County Smartt Airport, and within a 6.9-mile                             the Interior (Interior) can improve
                                                                                                                          radius of St. Louis Regional Airport, and                                implementation of regulatory reform
                                                  ACE MO E5 St. Louis, MO [Amended]                                       within 4 miles each side of the 014° bearing                             initiatives and policies and identify
                                                  St. Louis, Lambert-St. Louis International                              from the Civic Memorial NDB extending from                               regulations for repeal, replacement, or
                                                       Airport, MO                                                        the 6.9-mile radius of St. Louis Regional                                modification. This document also
                                                    (Lat. 38°44′55″ N., long. 90°22′12″ W.)                               Airport to 7 miles north of the airport, and                             provides an overview of Interior’s
                                                  St. Louis, Spirit of St. Louis Airport, MO                              within 4.4 miles each side of the 190° radial
                                                    (Lat. 38°39′44″ N., long. 90°39′07″ W.)
                                                                                                                                                                                                   approach for implementing the
                                                                                                                          of the St. Louis VORTAC extending from 2
                                                  Alton/St. Louis, St. Louis Regional Airport,                                                                                                     regulatory reform initiative to alleviate
                                                                                                                          miles south of the VORTAC to 22.1 miles
                                                       MO                                                                 south of the VORTAC.                                                     unnecessary burdens placed on the
                                                    (Lat. 38°53′24″ N., long. 90°02′46″ W.)                                                                                                        American people, which was
                                                  St. Charles, St. Charles County Smartt
                                                                                                                          *         *        *         *        *                                  established by President Trump in
                                                       Airport, MO                                                        ACE MO E5              Macon-Fower, MO [Removed]                         Executive Order (E.O.) 13777,
                                                    (Lat. 38°55′47″ N., long. 90°25′48″ W.)                                                                                                        ‘‘Enforcing the Regulatory Reform
                                                                                                                          *         *        *         *        *
                                                  St. Louis VORTAC                                                                                                                                 Agenda.’’
                                                    (Lat. 38°51′38″ N., long. 90°28′57″ W.)                               ACE MO E5              Macon, MO [Amended]
                                                  ZUMAY LOM                                                               Macon-Fower Memorial Airport, MO                                         DATES:  No deadline for the receipt of
                                                    (Lat. 38°47′17″ N., long. 90°16′44″ W.)                                                                                                        comments on this effort has been
                                                                                                                            (Lat. 39°43′47″ N., long. 92°27′24″ W.)
                                                  OBLIO LOM
                                                    (Lat. 38°48′01″ N., long. 90°28′29″ W.)                                 That airspace extending upward from 700                                established at this time; Interior will
                                                  Spirt of St. Louis Localizer                                            feet above the surface within a 6.7-mile                                 review comments on an ongoing basis.
                                                    (Lat. 38°39′26″ N., long. 90°39′48″ W.)                               radius of Macon-Fower Memorial Airport.
                                                                                                                                                                                                   ADDRESSES:  Electronically: Go to the
                                                  Civic Memorial NDB                                                        Issued in Fort Worth, Texas, on June 14,                               Federal eRulemaking Portal:
                                                    (Lat. 38°53′32″ N., long. 90°03′23″ W.)                               2017.                                                                    www.regulations.gov. In the Search box,
                                                    That airspace extending upward from 700                               Walter Tweedy,
                                                  feet above the surface within a 7.1-mile
                                                                                                                                                                                                   enter the appropriate document number
                                                                                                                          Acting Manager, Operations Support Group,                                from the table below. Please comment
                                                  radius of Lambert-St. Louis International
                                                                                                                          ATO Central Service Center.                                              on the document number that correlates
                                                  Airport, and within 4 miles southeast and 7
                                                  miles northwest of the Lambert-St. Louis                                [FR Doc. 2017–12993 Filed 6–21–17; 8:45 am]                              to the agency most relevant to your
                                                  International Airport Runway 24 ILS                                     BILLING CODE 4910–13–P                                                   comments:

                                                                                                                            Agency(ies)                                                                                          Document No.

                                                  Office of the Assistant Secretary—Indian Affairs, Bureau of Indian Affairs, Bureau of Indian Education ................                                                  DOI–2017–0003–0002.
                                                  Bureau of Land Management ....................................................................................................................................           DOI–2017–0003–0003.
                                                  Bureau of Ocean Energy Management .....................................................................................................................                  DOI–2017–0003–0004.
                                                  Bureau of Reclamation ..............................................................................................................................................     DOI–2017–0003–0005.
                                                  Bureau of Safety and Environmental Enforcement ...................................................................................................                       DOI–2017–0003–0006.
                                                  National Park Service ................................................................................................................................................   DOI–2017–0003–0007.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Office of Surface Mining Reclamation and Enforcement ...........................................................................................                         DOI–2017–0003–0008.
                                                  U.S. Fish and Wildlife Service ...................................................................................................................................       DOI–2017–0003–0009.
                                                  U.S. Geological Survey ..............................................................................................................................................    DOI–2017–0003–00010.
                                                  Other Interior agencies and offices ............................................................................................................................         DOI–2017–0003–00011.



                                                     You may then submit information by                                   information will fit in the provided                                     www.regulations.gov, as it is most
                                                  clicking on ‘‘Comment Now!’’ If your                                    comment box, please use this feature of                                  compatible with our information review



                                             VerDate Sep<11>2014        15:48 Jun 21, 2017        Jkt 241001      PO 00000       Frm 00018       Fmt 4702      Sfmt 4702      E:\FR\FM\22JNP1.SGM            22JNP1


                                                  28430                      Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules

                                                  procedures. If you attach your                            Interior’s Progress and Plan for                       colloquially as the ‘‘two-for-one’’
                                                  information as a separate document, our                   Regulatory Reform                                      requirement. This requirement was
                                                  preferred file format is Microsoft Word.                     To lead regulatory reform efforts at                established by President Trump in E.O.
                                                  If you attach multiple comments (such                     Interior, the Acting Chief of Staff                    13771, and detailed in Office of
                                                  as form letters), our preferred format is                 established Interior’s Regulatory Reform               Management and Budget (OMB) Interim
                                                  a spreadsheet in Microsoft Excel.                         Task Force on March 15, 2017, pursuant                 Guidance issued February 2, 2017, and
                                                     Alternatively, you may submit                          to E.O. 13777. The Task Force is closely               OMB Guidance of April 5, 2017. These
                                                  comments by mail to: Office of the                        examining all regulatory actions that are              documents require Federal agencies to:
                                                  Executive Secretariat—ATTN: Reg.                          currently in process and identifying                   (1) Issue two ‘‘deregulatory’’ actions for
                                                  Reform, U.S. Department of the Interior,                  potential deregulatory actions to ensure               each new significant regulatory action
                                                  1859 C Street NW., Mail Stop 7328,                        compliance with regulatory reform                      that imposes costs; and (2) fully offset
                                                  Washington, DC 20240. Additional                          goals. Interior and the Task Force                     the total incremental cost of such new
                                                  information on this effort can be found                   welcome public input on regulatory and                 significant regulatory action. Interior is
                                                  at www.doi.gov/regulatory-reform/                         deregulatory actions that could                        in the process of reviewing existing
                                                  implement.                                                quantifiably lessen the burden on the                  regulations (significant and non-
                                                                                                            American public.                                       significant) to identify actions that can
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                               A cornerstone of the Task Force’s                   be repealed. The cost savings associated
                                                  Mark Lawyer, Office of the Executive
                                                                                                            review of Interior’s regulatory burden on              with to-be-repealed actions will offset
                                                  Secretariat, (202) 208–5257, email:
                                                                                                            the American public has been its                       the costs of any new significant
                                                  regulatoryreform@ios.doi.gov.
                                                                                                            thoughtful approach to Interior’s                      regulations that are necessary for
                                                  SUPPLEMENTARY INFORMATION:                                                                                       promulgation; to account for these
                                                                                                            regulatory portfolio. The regulatory
                                                  Goals of the Regulatory Reform                            portfolio includes significant                         offsets, bureaus are working to quantify
                                                  Initiative                                                regulations subject to retrospective                   undue burden, where possible.
                                                                                                            review under Section 6 of E.O. 13563,                    The Task Force has also taken initial
                                                    E.O. 13777 establishes two main                                                                                steps toward deregulatory actions, using
                                                                                                            meaning that they are periodically
                                                  goals 1 for Federal agencies in                                                                                  specific rule rescissions already
                                                                                                            reviewed to determine whether they
                                                  furtherance of alleviating unnecessary                                                                           identified through various means as a
                                                                                                            may be outmoded, ineffective,
                                                  burdens placed on the American people:                                                                           starting point for a more widespread
                                                                                                            insufficient, or excessively burdensome.
                                                    (1) Improve implementation of the                                                                              reduction in regulatory actions. For
                                                                                                            The Task Force is rolling these efforts
                                                  regulatory reform initiatives and                                                                                example, the Task Force’s review will
                                                                                                            into the larger regulatory reform effort to
                                                  policies specified in section 2 of E.O.                                                                          encompass actions that were initiated
                                                                                                            change or repeal unduly burdensome
                                                  13771 [E.O. 13771 (Reducing Regulation                                                                           by the previous Administration and
                                                                                                            rules, as appropriate. The Task Force is
                                                  and Controlling Regulatory Costs); E.O.                                                                          subject to repeal under the
                                                                                                            also taking a holistic approach to ensure
                                                  12866 (Regulatory Planning and                                                                                   Congressional Review Act (CRA). The
                                                                                                            that each individual regulatory action it
                                                  Review), as amended; Section 6 of E.O.                                                                           President approved a joint resolution of
                                                                                                            pursues and Interior’s future regulatory
                                                  13563 (Improving Regulation and                                                                                  disapproval for the following
                                                                                                            portfolio as a whole advance the goal of
                                                  Regulatory Review) regarding                                                                                     regulations under the CRA:
                                                                                                            alleviating unnecessary regulatory
                                                  retrospective review; and termination,                                                                             • The Bureau of Land Management’s
                                                                                                            burdens placed on the American people,
                                                  consistent with applicable law, of                                                                               (BLM) Resource Management Planning;
                                                                                                            consistent with the law. The Task Force
                                                  programs and activities that derive from                                                                         43 CFR part 1600;
                                                                                                            is accomplishing this by examining each
                                                  or implement E.O.s, guidance                                                                                       • The U.S. Fish and Wildlife
                                                                                                            regulatory action for alignment with the
                                                  documents, policy memoranda, rule                                                                                Services’ Non-Subsistence Take of
                                                                                                            priorities of the Administration, the
                                                  interpretations, and similar documents,                                                                          Wildlife, and Public Participation and
                                                                                                            goals and requirements of applicable
                                                  or relevant portions thereof, that have                                                                          Closure Procedures, on National
                                                                                                            Executive Orders issued by the
                                                  been rescinded]; and                                                                                             Wildlife Refuges in Alaska; 50 CFR parts
                                                                                                            President, and Secretary’s Orders issued
                                                    (2) Identify regulations for repeal,                    by the Secretary of the Interior. This                 32 and 36; and
                                                  replacement, or modification                              deliberate approach ensures that each                    • The Office of Surface Mining,
                                                  considering, at a minimum, those                          semi-annual regulatory agenda                          Reclamation and Enforcement’s
                                                  regulations that:                                         published under E.O. 12866 will list                   (OSMRE) Stream Protection Rule; 30
                                                    • Eliminate jobs, or inhibit job                        only those regulations that the                        CFR parts 700, 701, 773, 774, 777, 779,
                                                  creation;                                                 Department has a relatively high degree                780, 783, 784, 785, 800, 816, 817, 824,
                                                    • Are outdated, unnecessary, or                         of confidence will move forward within                 and 827.
                                                  ineffective;                                              the coming 12 months. With the                           Through Secretary’s Order No. 3349,
                                                    • Impose costs that exceed benefits;                    publication of each semi-annual                        American Energy Independence (Mar.
                                                    • Create a serious inconsistency or                     regulatory agenda, the public will have                29, 2017), Interior announced its
                                                  otherwise interfere with regulatory                       the opportunity to provide feedback,                   intention to review all existing actions
                                                  reform initiatives and policies;                          which the Task Force will consider as                  that potentially burden the development
                                                    • Rely, in part or in whole, on data                    part of the regulatory reform effort. For              or utilization of domestically produced
                                                  or methods that are not publicly                          individual regulations, the Task Force                 energy resources and suspend, revise, or
                                                  available or insufficiently transparent to                also intends to make greater use of                    rescind such agency actions as soon as
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                                                  meet the standard for reproducibility; or                 advance notices of proposed rulemaking                 practicable. Interior’s review will also
                                                    • Derive from or implement E.O.s or                     (ANPRMs), where possible, to solicit                   give particular attention to the four
                                                  other Presidential directives that have                   input on the front end as to how any                   Interior rules related to United States oil
                                                  been subsequently rescinded or                            given regulatory action could be tailored              and gas development that are identified
                                                  substantially modified.2                                  to reduce or eliminate burden.                         in section 7 of E.O. 13783 (Promoting
                                                                                                               Part of the regulatory reform effort                Energy Independence and Economic
                                                    1 See   Sec. 3(g) of E.O. 13777.                        underway in Interior includes                          Growth). Specifically, Secretary’s Order
                                                    2 See   Sec. 3(d) of E.O. 13777.                        implementing the requirement known                     3349 provides that:


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                                                                          Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules                                                 28431

                                                     • BLM will proceed expeditiously                     Systems and Well Control,’’ published                  been subsequently rescinded or
                                                  with a proposed rule to rescind the final               on April 29, 2016. See 81 FR 25887.                    substantially modified.
                                                  rule entitled ‘‘Oil and Gas; Hydraulic                    • The final rule ‘‘Oil and Gas and                     Periodically, Interior will review the
                                                  Fracturing on Federal and Indian                        Sulfur Operations on the Outer                         written input to determine whether
                                                  Lands,’’ 80 FR 16128 (March 26, 2015).                  Continental Shelf—Requirements for                     additional regulations should be
                                                     • The National Park Service will                     Exploratory Drilling on the Arctic Outer               targeted for review and considered for
                                                  review the final rule entitled ‘‘General                Continental Shelf,’’ published on July                 suspension, revision, or rescission.
                                                  Provisions and Non-Federal Oil and Gas                  15, 2016. See 81 FR 46478.                             Measuring Future Progress
                                                  Rights,’’ 81 FR 77972 (November 4,                        Secretary’s Order 3350 also requires
                                                  2016);                                                  identifying other rules that have been                   To measure future progress, Interior
                                                     • The U.S. Fish and Wildlife Service                 adopted or are in the process of being                 will incorporate performance indicators
                                                  will review the final rule entitled                     developed that relate to the above rules.              for the regulatory reform initiative into
                                                  ‘‘Management of Non Federal Oil and                       As it identifies any other potential                 Interior’s annual performance plan
                                                  Gas Rights,’’ 81 FR 79948 (November 14,                 deregulatory actions and their cost                    under the Government Performance and
                                                  2016); and                                              savings, the Task Force will consider                  Results Act. OMB has issued guidance
                                                     • The BLM will review the final rule                 input from the public as guidance for                  regarding the appropriate performance
                                                  entitled ‘‘Waste Prevention, Production                 prioritizing its efforts. In the coming                indicators and established deadlines for
                                                  Subject to Royalties, and Resource                      months, the Task Force will be working                 setting targets for each of those
                                                  Conservation,’’ 81 FR 83008 (November                   with the affected bureaus to calculate                 indicators in the Fiscal Year (FY) 2018
                                                  18, 2016).                                              the cost savings from any repeal,                      and FY 2019 annual performance plans.
                                                     The Office of Natural Resources                      replacement, or modification.                          Authority
                                                  Revenue has already taken the following
                                                  actions in accordance with this                         Request for Public Input                                 This notice is published pursuant to
                                                  objective:                                                 Interior is seeking public input on                 E.O. 13777, 82 FR 12285 (February 24,
                                                     • Published a proposed rule to repeal                how it can best meet the above goals                   2017).
                                                  the ‘‘Consolidated Federal Oil & Gas and                and, specifically, where redundancies                    Dated: June 15, 2017.
                                                  Federal & Indian Coal Valuation Rule’’                  and inefficient processes can be                       James Cason,
                                                  published on July 1, 2016 (81 FR                        eliminated, while ensuring that Interior               Associate Deputy Secretary and Regulatory
                                                  43338). See 82 FR 16323 (April 4, 2017).                continues to fulfill our legal obligations,            Reform Officer.
                                                     • Published an Advance Notice of                     resource stewardship, and Tribal trust                 [FR Doc. 2017–13062 Filed 6–21–17; 8:45 am]
                                                  Proposed Rulemaking (ANPRM) on                          responsibilities and minimizes the risk                BILLING CODE 4334–64–P
                                                  April 4, 2017 (82 FR 16325) seeking                     of lengthy and costly appeals and
                                                  comments on whether revisions are                       litigation. E.O. 13777 requires the
                                                  needed to the regulations governing                     Regulatory Reform Task Force, in                       DEPARTMENT OF EDUCATION
                                                  valuation, for royalty purposes, of oil                 performing the evaluation of regulations
                                                  and gas produced from Federal onshore                   to seek input and other assistance, as                 34 CFR Subtitles A and B
                                                  and offshore leases and coal produced                   permitted by law, from entities
                                                  from Federal and Indian lands, and if                                                                          [Docket ID: ED–2017–OS–0074]
                                                                                                          significantly affected by Federal
                                                  revisions are appropriate, what specific                regulations, including State, local, and               Evaluation of Existing Regulations
                                                  revisions merit consideration.                          Tribal governments, small businesses,
                                                     Interior is also reviewing regulations               consumers, non-governmental                            AGENCY:  Office of the Secretary,
                                                  to determine whether any require                        organizations, and trade associations.                 Department of Education.
                                                  revision or rescission based on the                     See § 3(e), E.O. 13777. To comply with                 ACTION: Request for comments.
                                                  mitigation policy review, climate                       this requirement and promote
                                                  change policy review, and review of                     transparency in regulatory reform                      SUMMARY:   In accordance with Executive
                                                  other actions affecting energy                          efforts, Interior has established a                    Order 13777, ‘‘Enforcing the Regulatory
                                                  development required by E.O. 13783.                     Regulations.gov docket to provide the                  Reform Agenda,’’ the Department of
                                                     Interior’s review also gives particular              public with the ability to provide                     Education (Department) is seeking input
                                                  attention to the three Interior rules                                                                          on regulations that may be appropriate
                                                                                                          comments on regulatory reform on an
                                                  related to offshore energy that are                                                                            for repeal, replacement, or modification.
                                                                                                          ongoing basis. Interior encourages the
                                                  identified in sections 7, 8, and 11 of                  public, and particularly anyone                        DATES: We must receive your comments
                                                  E.O. 13795 (Implementing an America-                    significantly affected by regulations, to              no later than August 21, 2017.
                                                  First Offshore Energy Strategy). To                     provide input and assistance in                        ADDRESSES: Submit your comments
                                                  implement E.O. 13795, Interior issued                   identifying regulations for repeal,                    through the Federal eRulemaking Portal
                                                  Secretary’s Order 3350, America-First                   replacement, or modification that:                     or via postal mail, commercial delivery,
                                                  Offshore Energy, which provides                            • Eliminate jobs, or inhibit job                    or hand delivery. We will not accept
                                                  deadlines for review of the rules                       creation;                                              comments by fax or email. To ensure
                                                  identified in the E.O. Specifically, the                   • Are outdated, unnecessary, or                     that we do not receive duplicate copies,
                                                  Secretary’s Order directs the Bureau of                 ineffective;                                           please submit your comments only
                                                  Safety and Environmental Enforcement                       • Impose costs that exceed benefits;                once. In addition, please include the
                                                  and the Bureau of Ocean Energy                             • Create a serious inconsistency or                 Docket ID at the top of your comments.
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                                                  Management to review:                                   otherwise interfere with regulatory                       Federal eRulemaking Portal: Go to
                                                     • The proposed rule ‘‘Offshore Air                   reform initiatives and policies;                       www.regulations.gov to submit your
                                                  Quality Control, Reporting, and                            • Rely, in part or in whole, on data                comments electronically. Information
                                                  Compliance’’ published on April 5,                      or methods that are not publicly                       on using Regulations.gov, including
                                                  2016. See 81 FR 19717;                                  available or insufficiently transparent to             instructions for accessing agency
                                                     • The final rule ‘‘Oil and Gas and                   meet the standard for reproducibility; or              documents, submitting comments, and
                                                  Sulfur Operations in the Outer                             • Derive from or implement E.O.s or                 viewing the docket is available on the
                                                  Continental Shelf—Blowout Preventer                     other Presidential directives that have                site under the ‘‘Help’’ tab.


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Document Created: 2017-06-21 23:55:48
Document Modified: 2017-06-21 23:55:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comments.
DatesNo deadline for the receipt of comments on this effort has been established at this time; Interior will review comments on an ongoing basis.
ContactMark Lawyer, Office of the Executive Secretariat, (202) 208-5257, email: [email protected]
FR Citation82 FR 28429 
CFR Citation25
Title 25 CFR Chapter I
30
Title 30 CFR Chapter II
36
Title 36 CFR Chapter I
50
Title 50 CFR Chapter I

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