82 FR 9974 - Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Onshore Oil and Gas Order Number 1, Approval of Operations
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 82, Issue 26 (February 9, 2017)
Bureau of Land Management
Federal Register Volume 82, Issue 26 (February 9, 2017)
| Page Range | 9974-9975 | |
| FR Document | 2017-02711 |
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)] [Rules and Regulations] [Pages 9974-9975] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02711] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 3160 [17X.LLWO300000.L13100000.PP0000] RIN 1004-AE37 Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Onshore Oil and Gas Order Number 1, Approval of Operations AGENCY: Bureau of Land Management, Interior. ACTION: Final order; delay of effective and implementation dates. ----------------------------------------------------------------------- SUMMARY: In accordance with a January 20, 2017, Memorandum for the Heads of Executive Departments and Agencies (memorandum) from the White House, the Bureau of Land Management (BLM) is delaying the effective date of a rule published on January 10, 2017. DATES: The effective date of the rule that published on January 10, 2017, at 82 FR 2906, is delayed from February 9, 2017, to March 21, 2017. In addition, the implementation date is delayed from March 13, 2017 to April 20, 2017. FOR FURTHER INFORMATION CONTACT: Steven Wells, Division Chief, Fluid Minerals Division, 202-912-7143 for information regarding the substance of the final Order or information about the BLM's Fluid Minerals Program. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 1-800-877-8339 to contact the above individual during normal business hours. The Service is available 24 hours a day, 7 days a week to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: On July 29, 2016, the BLM published for public review and comment a proposed rule to update the filing requirements of Onshore Oil and Gas Order Number 1 (Onshore Order 1), requiring the electronic filing (e-filing) of all Applications for Permit to Drill (APDs) and Notices of Staking (NOSs). The comment period closed on August 28, 2016. Five comments were received; three were substantive, resulting in changes to the final rule; two were non- substantive and considered outside the scope of the proposed rule. On January 10, 2017, the BLM published a notice at 82 FR 2906 of the final Order to revise Onshore Order 1 to require e-filing of all APDs and NOSs. Per that notice, the final Order is currently scheduled to take effect on February 9, 2017. Previously, Onshore Order 1 stated that an ``operator must file an APD or any other required documents in the BLM Field Office having jurisdiction over the lands described in the application,'' but allowed for e-filing of such documents as an alternative. The revision to Onshore Order 1 makes e-filing the required method of submission, subject to limited exceptions. The BLM made this change to improve the efficiency and transparency of the APD and NOS processes. On January 20, 2017, the White House issued a memorandum instructing Federal agencies to temporarily postpone the effective date of certain regulations for 60 days after January 20, 2017, to ensure the President's appointees or designees have the opportunity to review any new or pending regulations. Section 3 of the memorandum states, ``With respect to regulations that have been published in the OFR [Office of the Federal Register] but have not taken effect, as permitted by applicable law, temporarily postpone their effective date for 60 days from the date of this memorandum, . . . for the purpose of reviewing questions of fact, law, and policy they raise.'' The memorandum goes on to state in Section 3(a) that following the delay in effective date, ``for those regulations that raise no substantial questions of law or policy, no further action needs to be taken.'' The BLM is, therefore, delaying the effective date of the rule by 60 days, from the date of the memorandum, to March 21, 2017. Sections III.A, III.C, and III.E of the final Order include an implementation [[Page 9975]] date for certain provisions to begin 30 days after the effective date of the Order. The implementation date of these provisions is now April 20, 2017. To the extent that 5 U.S.C. 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, our implementation of this action without opportunity for public comment, effective immediately upon publication in the Federal Register, is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 5 U.S.C. 553(b)(B), we have determined that good cause exists to forego the requirement to provide prior notice and an opportunity for public comment thereon for this rule as such procedures would be impracticable, unnecessary and contrary to the public interest. We are temporarily postponing for 60 days the effective date of this regulation pursuant to the previously-noted memorandum of the Chief of Staff. As a result, seeking public comment on this delay is unnecessary and contrary to the public interest. For these same reasons we find good cause to waive the 30-day delay in effective date provided for in 5 U.S.C. 553(d). Authority: 43 CFR part 3160. Richard T. Cardinale, Acting Assistant Secretary, Land and Minerals Management. For reasons set out in the preamble, the Bureau of Land Management amends the appendix following the regulatory text of the final rule published in the Federal Register at 72 FR 10308 at 10328 (March 7, 2007), corrected on March 9, 2007 (72 FR 10608), effective March 7, 2007, and revised on January 10, 2017 (82 FR 2906), as follows: Note: This appendix does not appear in the BLM regulations in 43 CFR part 3160. Appendix--Text of Oil and Gas Onshore Order Amend Onshore Oil and Gas Order Number 1 sections III.A, III.C, and III.E by replacing ``March 13, 2017,'' with ``April 20, 2017,'' at each place it occurs. [FR Doc. 2017-02711 Filed 2-8-17; 8:45 am] BILLING CODE 4310-84-P
![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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![Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations 9975
date for certain provisions to begin 30 DEPARTMENT OF COMMERCE policy they raise.’’ In accordance with
days after the effective date of the Order. this memorandum, this action delays
The implementation date of these National Oceanic and Atmospheric the final rule NMFS published on
provisions is now April 20, 2017. Administration January 19, 2017, at 82 FR 6309, until
To the extent that 5 U.S.C. 553 applies March 21, 2017.
50 CFR Part 223
to this action, it is exempt from notice List of Subjects in 50 CFR Part 223
and comment because it constitutes a [Docket No. 150211138–7024–02] Endangered and threatened species,
rule of procedure under 5 U.S.C. Exports, Imports, Transportation.
RIN 0648–XD771
553(b)(A). Alternatively, our
Dated: February 3, 2017.
implementation of this action without Endangered and Threatened Wildlife Alan D. Risenhoover,
opportunity for public comment, and Plants; Final Rule To List Two Acting Deputy Assistant Administrator for
effective immediately upon publication Guitarfishes as Threatened Under the Regulatory Programs, National Marine
in the Federal Register, is based on the Endangered Species Act Fisheries Service.
good cause exceptions in 5 U.S.C. [FR Doc. 2017–02609 Filed 2–8–17; 8:45 am]
553(b)(B) and 553(d)(3). Pursuant to 5 AGENCY: National Marine Fisheries
U.S.C. 553(b)(B), we have determined Service (NMFS), National Oceanic and BILLING CODE 3510–22–P
that good cause exists to forego the Atmospheric Administration (NOAA),
Commerce.
requirement to provide prior notice and DEPARTMENT OF COMMERCE
an opportunity for public comment ACTION: Final rule; delay of effective
thereon for this rule as such procedures date. National Oceanic and Atmospheric
would be impracticable, unnecessary Administration
SUMMARY: In accordance with the
and contrary to the public interest. We memorandum of January 20, 2017, from
are temporarily postponing for 60 days 50 CFR Part 679
the Assistant to the President and Chief
the effective date of this regulation of Staff, entitled ‘‘Regulatory Freeze [Docket No. 150916863–6211–02]
pursuant to the previously-noted Pending Review,’’ published in the RIN 0648–XF209
memorandum of the Chief of Staff. As Federal Register on January 24, 2017
a result, seeking public comment on this (the Memorandum), this action delays Fisheries of the Exclusive Economic
delay is unnecessary and contrary to the the final rule NMFS published on Zone Off Alaska; Reallocation of
public interest. For these same reasons January 19, 2017. Pollock in the Bering Sea and Aleutian
we find good cause to waive the 30-day DATES: Effective February 9, 2017, the Islands
delay in effective date provided for in 5 effective date of the final rule amending
AGENCY: National Marine Fisheries
U.S.C. 553(d). 50 CFR part 223, that published on
Service (NMFS), National Oceanic and
Authority: 43 CFR part 3160. January 19, 2017, at 82 FR 6309, is
Atmospheric Administration (NOAA),
delayed until March 21, 2017.
Richard T. Cardinale,
Commerce.
FOR FURTHER INFORMATION CONTACT:
ACTION: Temporary rule; reallocation.
Acting Assistant Secretary, Land and Marta Nammack, NMFS, Office of
Minerals Management. Protected Resources (OPR), (301) 427– SUMMARY: NMFS is reallocating the
For reasons set out in the preamble, 8403. projected unused amounts of the
the Bureau of Land Management SUPPLEMENTARY INFORMATION: On Community Development Quota pollock
January 19, 2017, NMFS published the directed fishing allowance from the
amends the appendix following the
final rule to list two foreign marine Aleutian Islands subarea to the Bering
regulatory text of the final rule
guitarfish species under the Endangered Sea subarea. This action is necessary to
published in the Federal Register at 72
Species Act (ESA). We considered provide opportunity for harvest of the
FR 10308 at 10328 (March 7, 2007), 2017 total allowable catch of pollock,
corrected on March 9, 2007 (72 FR comments submitted on the proposed
listing rule and have determined that consistent with the goals and objectives
10608), effective March 7, 2007, and of the Fishery Management Plan for
revised on January 10, 2017 (82 FR the blackchin guitarfish (Rhinobatos
cemiculus) and common guitarfish Groundfish of the Bering Sea and
2906), as follows: Aleutian Islands Management Area.
(Rhinobatos rhinobatos) warrant listing
Note: This appendix does not appear in the as threatened species. We will not DATES: Effective 1200 hrs, Alaska local
BLM regulations in 43 CFR part 3160. designate critical habitat for either of time (A.l.t.), February 9, 2017 until the
these species because the geographical effective date of the final 2017 and 2018
Appendix—Text of Oil and Gas areas occupied by these species are harvest specifications for Bering Sea and
Onshore Order entirely outside U.S. jurisdiction, and Aleutian Islands (BSAI) groundfish,
we have not identified any unoccupied unless otherwise modified or
Amend Onshore Oil and Gas Order
areas within U.S. jurisdiction that are superseded through publication of a
Number 1 sections III.A, III.C, and III.E by
replacing ‘‘March 13, 2017,’’ with ‘‘April 20, currently essential to the conservation notification in the Federal Register.
2017,’’ at each place it occurs. of either of these species. FOR FURTHER INFORMATION CONTACT:
On January 20, 2017, the White House Steve Whitney, 907–586–7228.
[FR Doc. 2017–02711 Filed 2–8–17; 8:45 am]
issued a memorandum instructing SUPPLEMENTARY INFORMATION: NMFS
sradovich on DSK3GMQ082PROD with RULES
BILLING CODE 4310–84–P
Federal agencies to temporarily manages the groundfish fishery in the
postpone the effective date for 60 days BSAI exclusive economic zone
after January 20, 2017, of any according to the Fishery Management
regulations or guidance documents that Plan for Groundfish of the Bering Sea
have published in the Federal Register and Aleutian Islands Management Area
but not yet taken effect, for the purpose (FMP) prepared by the North Pacific
of ‘‘reviewing questions of fact, law, and Fishery Management Council (Council)
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Document Created: 2017-02-09 01:03:19
Document Modified: 2017-02-09 01:03:19
| 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 order; delay of effective and implementation dates. | |
| Dates | The effective date of the rule that published on January 10, 2017, at 82 FR 2906, is delayed from February 9, 2017, to March 21, 2017. In addition, the implementation date is delayed from March 13, 2017 to April 20, 2017. | |
| Contact | Steven Wells, Division Chief, Fluid Minerals Division, 202-912-7143 for information regarding the substance of the final Order or information about the BLM's Fluid Minerals Program. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 1-800-877-8339 to contact the above individual during normal business hours. The Service is available 24 hours a day, 7 days a week to leave a message or question with the above individual. You will receive a reply during normal business hours. | |
| FR Citation | 82 FR 9974 | |
| RIN Number | 1004-AE37 |
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