82 FR 9973 - Roadless Area Conservation; National Forest System Lands in Colorado; Delay of Effective Date

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 82, Issue 26 (February 9, 2017)

Page Range		9973-9974
FR Document		2017-02625

This document delays the effective date of a final rule titled, ``Roadless Area Conservation; National Forest System Lands in Colorado,'' that was published in the Federal Register on December 19, 2016 reinstating the North Fork Coal Mining Area exception to the Colorado Roadless Rule.

Federal Register, Volume 82 Issue 26 (Thursday, February 9, 2017)

[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Rules and Regulations]
[Pages 9973-9974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02625]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 294

RIN 0596-AD26


Roadless Area Conservation; National Forest System Lands in 
Colorado; Delay of Effective Date

AGENCY: Forest Service, USDA.

ACTION: Final rule; delay of effective date.

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SUMMARY: This document delays the effective date of a final rule 
titled, ``Roadless Area Conservation; National Forest System Lands in 
Colorado,'' that was published in the Federal Register

[[Page 9974]]

on December 19, 2016 reinstating the North Fork Coal Mining Area 
exception to the Colorado Roadless Rule.

DATES: The effective date of the rule amending 36 CFR part 294 
published in the Federal Register at 81 FR 91811 on December 19, 2016, 
is delayed until April 17, 2017.

FOR FURTHER INFORMATION CONTACT: Jason Robertson; Deputy Director; 
Recreation, Lands, and Minerals; Rocky Mountain Regional Office, U.S. 
Forest Service, at 303-275-5470. Individuals using telecommunication 
devices for the deaf may call the Federal Information Relay Services at 
1-800-877-8339 between 8 a.m. and 8 p.m. Eastern Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: On January 20, 2017, the Assistant to the 
President and Chief of Staff (``Chief of Staff'') issued a memorandum, 
published in the Federal Register on January 24, 2017 (82 FR 8346), 
outlining the President's plan for managing the Federal regulatory 
process at the outset of the new Administration. In implementation of 
one of the measures directed by that memorandum, the United States 
Department of Agriculture (``USDA'') hereby temporarily postpones the 
effective date of its final rule titled, ``Roadless Area Conservation; 
National Forest System Lands in Colorado,'' that was published in the 
Federal Register at 81 FR 91811 on December 19, 2016, reinstating the 
North Fork Coal Mining Area exception to the Colorado Roadless Rule.
    The Colorado Roadless Rule is a State-specific rule that 
establishes management direction for the conservation of roadless area 
values and characteristics across approximately 4.2 million acres of 
land located within the State of Colorado in Roadless Areas on National 
Forest System (NFS) lands. The North Fork Coal Mining Area exception to 
the Colorado Roadless Rule provides for the construction of temporary 
roads, if needed, for coal exploration and coal-related surface 
activities in the 19,700-acre area defined as the North Fork Coal 
Mining Area. In addition, the final rule makes an administrative 
correction to Colorado Roadless Area boundaries associated with the 
North Fork Coal Mining Area based on updated information. The 
correction adds an additional 200 acres to the roadless area. These 
boundary corrections address changes identified by new road survey 
information. The temporary 60-day delay in effective date is necessary 
to give USDA officials the opportunity for further review and 
consideration of new regulations, consistent with the Chief of Staff's 
memorandum of January 20, 2017.
    To the extent that 5 U.S.C. 553(b)(A) applies to this action, it is 
exempt from notice and comment for good cause and the reasons cited 
above. USDA finds that notice and solicitation of comment regarding the 
brief extension of the effective date for the final regulation are 
impracticable, unnecessary, and contrary to the public interest 
pursuant to 5 U.S.C. 553(b)(B). USDA believes that affected entities 
need to be informed as soon as possible of the extension and its length 
in order to plan and adjust their implementation process accordingly.

    Dated: February 2, 2017.
Daniel J. Jiron,
Acting Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. 2017-02625 Filed 2-8-17; 8:45 am]
BILLING CODE 3411-15-P

Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations 9973

economic impact on any vessel owner contact the person listed in the FOR PART 165—REGULATED NAVIGATION
or operator, because the zone FURTHER INFORMATION CONTACT section AREAS AND LIMITED ACCESS AREAS
established in this rule is limited in above.
nature of size and duration. ■ 1. The authority citation for part 165
Under section 213(a) of the Small E. Unfunded Mandates Reform Act continues to read as follows:
Business Regulatory Enforcement The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
we want to assist small entities in Federal agencies to assess the effects of Department of Homeland Security Delegation
understanding this rule. If the rule their discretionary regulatory actions. In No. 0170.1.
would affect your small business, particular, the Act addresses actions ■ 2. Add § 165.T13–0084 to read as
organization, or governmental that may result in the expenditure by a follows:
jurisdiction and you have questions State, local, or tribal government, in the
concerning its provisions or options for aggregate, or by the private sector of § 165.T13–0084 Safety Zone; Operational
compliance, please contact the person $100,000,000 (adjusted for inflation) or Equipment Test; Bellingham Bay;
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
Bellingham, WA.
CONTACT section. (a) Location. The following area is
will not result in such an expenditure,
Small businesses may send comments designated as a safety zone: All waters
we do discuss the effects of this rule
on the actions of Federal employees 500 yards around barge Togiak Trader
elsewhere in this preamble.
who enforce, or otherwise determine (ON:637310) and tug Rosario
compliance with, Federal regulations to F. Environment (ON:585319), moored in vicinity of
the Small Business and Agriculture 48°42′48″ N., 122°33′37″ W., within the
Regulatory Enforcement Ombudsman We have analyzed this rule under
Bellingham Bay explosives anchorage.
and the Regional Small Business Department of Homeland Security
(b) Regulations. In accordance with
Regulatory Fairness Boards. The Management Directive 023–01 and
the general regulations in subpart C of
Ombudsman evaluates these actions Commandant Instruction M16475.lD,
this part, no person or vessel may enter
annually and rates each agency’s which guide the Coast Guard in
or remain in the safety zone while it is
responsiveness to small business. If you complying with the National
subject to enforcement as specified in
wish to comment on actions by Environmental Policy Act of 1969 (42
paragraph (c) of this section unless
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have
authorized by the Captain of the Port,
888–REG–FAIR (1–888–734–3247). The determined that this action is one of a
Puget Sound or his designated
Coast Guard will not retaliate against category of actions that do not
representative. To request permission to
small entities that question or complain individually or cumulatively have a
enter the safety zone, contact the Joint
about this rule or any policy or action significant effect on the human
Harbor Operations Center at 206–217–
of the Coast Guard. environment. This rule involves a
6001, or the on-scene patrol craft, if any,
temporary safety zone that is limited in
C. Collection of Information via VHF–FM Channel 16.
duration that will prohibit entry within
(c) Enforcement periods. This section
This rule will not call for a new 500 yards of the designated area. It is
will be enforced from from 5 p.m. on
collection of information under the categorically excluded from further
February 8, 2017, to 5 a.m. on February
Paperwork Reduction Act of 1995 (44 review under paragraph 34(g) of Figure
9, 2017, and from 5 p.m. on February 9,
U.S.C. 3501–3520). 2–1 of the Commandant Instruction. An
2017, to 5 a.m. on February 10, 2017.
environmental analysis checklist
D. Federalism and Indian Tribal supporting this determination and a Dated: February 2, 2017.
Governments Categorical Exclusion Determination are M.W. Raymond,
A rule has implications for federalism available in the docket where indicated Captain, U.S. Coast Guard, Captain of the
under E.O. 13132, Federalism, if it has under ADDRESSES. We seek any Port Puget Sound.
a substantial direct effect on the States, comments or information that may lead [FR Doc. 2017–02681 Filed 2–8–17; 8:45 am]
on the relationship between the national to the discovery of a significant BILLING CODE 9110–04–P
government and the States, or on the environmental impact from this rule.
distribution of power and
responsibilities among the various G. Protest Activities
DEPARTMENT OF AGRICULTURE
levels of government. We have analyzed The Coast Guard respects the First
this rule under that Order and have Amendment rights of protesters. Forest Service
determined that it is consistent with the Protesters are asked to contact the
fundamental federalism principles and person listed in the FOR FURTHER 36 CFR Part 294
preemption requirements described in INFORMATION CONTACT section to RIN 0596–AD26
E.O. 13132. coordinate protest activities so that your
Also, this rule does not have tribal message can be received without Roadless Area Conservation; National
implications under E.O. 13175, jeopardizing the safety or security of Forest System Lands in Colorado;
Consultation and Coordination with people, places or vessels. Delay of Effective Date
Indian Tribal Governments, because it
does not have a substantial direct effect List of Subjects in 33 CFR Part 165 AGENCY: Forest Service, USDA.
on one or more Indian tribes, on the ACTION: Final rule; delay of effective
Harbors, Marine safety, Navigation
sradovich on DSK3GMQ082PROD with RULES

relationship between the Federal date.
(water), Reporting and recordkeeping
Government and Indian tribes, or on the
requirements, Security measures,
distribution of power and SUMMARY: This document delays the
Waterways.
responsibilities between the Federal effective date of a final rule titled,
Government and Indian tribes. If you For the reasons discussed in the ‘‘Roadless Area Conservation; National
believe this rule has implications for preamble, the Coast Guard amends 33 Forest System Lands in Colorado,’’ that
federalism or Indian tribes, please CFR part 165 as follows: was published in the Federal Register

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9974 Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations

on December 19, 2016 reinstating the consistent with the Chief of Staff’s available 24 hours a day, 7 days a week
North Fork Coal Mining Area exception memorandum of January 20, 2017. to leave a message or question with the
to the Colorado Roadless Rule. To the extent that 5 U.S.C. 553(b)(A) above individual. You will receive a
DATES: The effective date of the rule applies to this action, it is exempt from reply during normal business hours.
amending 36 CFR part 294 published in notice and comment for good cause and SUPPLEMENTARY INFORMATION: On July
the Federal Register at 81 FR 91811 on the reasons cited above. USDA finds 29, 2016, the BLM published for public
December 19, 2016, is delayed until that notice and solicitation of comment review and comment a proposed rule to
April 17, 2017. regarding the brief extension of the update the filing requirements of
effective date for the final regulation are Onshore Oil and Gas Order Number 1
FOR FURTHER INFORMATION CONTACT: impracticable, unnecessary, and (Onshore Order 1), requiring the
Jason Robertson; Deputy Director; contrary to the public interest pursuant electronic filing (e-filing) of all
Recreation, Lands, and Minerals; Rocky to 5 U.S.C. 553(b)(B). USDA believes Applications for Permit to Drill (APDs)
Mountain Regional Office, U.S. Forest that affected entities need to be and Notices of Staking (NOSs). The
Service, at 303–275–5470. Individuals informed as soon as possible of the comment period closed on August 28,
using telecommunication devices for the extension and its length in order to plan 2016. Five comments were received;
deaf may call the Federal Information and adjust their implementation process three were substantive, resulting in
Relay Services at 1–800–877–8339 accordingly. changes to the final rule; two were non-
between 8 a.m. and 8 p.m. Eastern Time, substantive and considered outside the
Monday through Friday. Dated: February 2, 2017.
Daniel J. Jiron,
scope of the proposed rule.
SUPPLEMENTARY INFORMATION: On On January 10, 2017, the BLM
Acting Deputy Under Secretary, Natural published a notice at 82 FR 2906 of the
January 20, 2017, the Assistant to the Resources and Environment.
President and Chief of Staff (‘‘Chief of final Order to revise Onshore Order 1 to
[FR Doc. 2017–02625 Filed 2–8–17; 8:45 am] require e-filing of all APDs and NOSs.
Staff’’) issued a memorandum,
published in the Federal Register on BILLING CODE 3411–15–P Per that notice, the final Order is
January 24, 2017 (82 FR 8346), outlining currently scheduled to take effect on
the President’s plan for managing the February 9, 2017.
Federal regulatory process at the outset DEPARTMENT OF THE INTERIOR Previously, Onshore Order 1 stated
of the new Administration. In that an ‘‘operator must file an APD or
Bureau of Land Management any other required documents in the
implementation of one of the measures
directed by that memorandum, the BLM Field Office having jurisdiction
43 CFR Part 3160 over the lands described in the
United States Department of Agriculture
(‘‘USDA’’) hereby temporarily postpones [17X.LLWO300000.L13100000.PP0000] application,’’ but allowed for e-filing of
the effective date of its final rule titled, such documents as an alternative. The
RIN 1004–AE37 revision to Onshore Order 1 makes e-
‘‘Roadless Area Conservation; National
Forest System Lands in Colorado,’’ that filing the required method of
Onshore Oil and Gas Operations; submission, subject to limited
was published in the Federal Register at Federal and Indian Oil and Gas Leases;
81 FR 91811 on December 19, 2016, exceptions. The BLM made this change
Onshore Oil and Gas Order Number 1, to improve the efficiency and
reinstating the North Fork Coal Mining Approval of Operations
Area exception to the Colorado Roadless transparency of the APD and NOS
Rule. AGENCY: Bureau of Land Management, processes.
Interior. On January 20, 2017, the White House
The Colorado Roadless Rule is a State- issued a memorandum instructing
specific rule that establishes ACTION: Final order; delay of effective
Federal agencies to temporarily
management direction for the and implementation dates. postpone the effective date of certain
conservation of roadless area values and regulations for 60 days after January 20,
characteristics across approximately 4.2 SUMMARY: In accordance with a January
20, 2017, Memorandum for the Heads of 2017, to ensure the President’s
million acres of land located within the appointees or designees have the
State of Colorado in Roadless Areas on Executive Departments and Agencies
(memorandum) from the White House, opportunity to review any new or
National Forest System (NFS) lands. pending regulations. Section 3 of the
The North Fork Coal Mining Area the Bureau of Land Management (BLM)
is delaying the effective date of a rule memorandum states, ‘‘With respect to
exception to the Colorado Roadless Rule regulations that have been published in
provides for the construction of published on January 10, 2017.
the OFR [Office of the Federal Register]
temporary roads, if needed, for coal DATES: The effective date of the rule that
but have not taken effect, as permitted
exploration and coal-related surface published on January 10, 2017, at 82 FR by applicable law, temporarily postpone
activities in the 19,700-acre area defined 2906, is delayed from February 9, 2017, their effective date for 60 days from the
as the North Fork Coal Mining Area. In to March 21, 2017. In addition, the date of this memorandum, . . . for the
addition, the final rule makes an implementation date is delayed from purpose of reviewing questions of fact,
administrative correction to Colorado March 13, 2017 to April 20, 2017. law, and policy they raise.’’ The
Roadless Area boundaries associated FOR FURTHER INFORMATION CONTACT: memorandum goes on to state in Section
with the North Fork Coal Mining Area Steven Wells, Division Chief, Fluid 3(a) that following the delay in effective
based on updated information. The Minerals Division, 202–912–7143 for date, ‘‘for those regulations that raise no
correction adds an additional 200 acres information regarding the substance of substantial questions of law or policy,
sradovich on DSK3GMQ082PROD with RULES

to the roadless area. These boundary the final Order or information about the no further action needs to be taken.’’
corrections address changes identified BLM’s Fluid Minerals Program. Persons The BLM is, therefore, delaying the
by new road survey information. The who use a telecommunications device effective date of the rule by 60 days,
temporary 60-day delay in effective date for the deaf (TDD) may call the Federal from the date of the memorandum, to
is necessary to give USDA officials the Relay Service at 1–800–877–8339 to March 21, 2017.
opportunity for further review and contact the above individual during Sections III.A, III.C, and III.E of the
consideration of new regulations, normal business hours. The Service is final Order include an implementation

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Document Created: 2017-02-09 01:02:57
Document Modified: 2017-02-09 01:02:57

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		Rules and Regulations
Action		Final rule; delay of effective date.
Dates		The effective date of the rule amending 36 CFR part 294 published in the Federal Register at 81 FR 91811 on December 19, 2016, is delayed until April 17, 2017.
Contact		Jason Robertson; Deputy Director; Recreation, Lands, and Minerals; Rocky Mountain Regional Office, U.S. Forest Service, at 303-275-5470. Individuals using telecommunication devices for the deaf may call the Federal Information Relay Services at 1-800-877-8339 between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday.
FR Citation		82 FR 9973
RIN Number		0596-AD26

82 FR 9973 - Roadless Area Conservation; National Forest System Lands in Colorado; Delay of Effective Date

DEPARTMENT OF AGRICULTUREForest Service

Federal Register Volume 82, Issue 26 (February 9, 2017)

DEPARTMENT OF AGRICULTURE
Forest Service