83 FR 2069 - Rights of Way; Removal of Outdated Reference

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range		2069-2070
FR Document		2018-00516

This rule removes an outdated reference to a document establishing environmental criteria for electric transmissions lines that is no longer used by the National Park Service to evaluate applications for right-of-way permits.

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2069-2070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00516]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 14

[NPS-WASO-24690; PPWOVPADU0/PPMPRLE1Y.Y00000]
RIN 1024-AE42


Rights of Way; Removal of Outdated Reference

AGENCY: National Park Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule removes an outdated reference to a document 
establishing environmental criteria for electric transmissions lines 
that is no longer used by the National Park Service to evaluate 
applications for right-of-way permits.

DATES: This rule is effective January 16, 2018.

FOR FURTHER INFORMATION CONTACT: Jay Calhoun, NPS Division of 
Jurisdiction, Regulations, and Special Park Uses, (202) 513-7112, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 1980, the National Park Service (NPS) promulgated 
regulations at 36 CFR part 14 that provide a process for the review, 
consideration, and approval or disapproval of requests for rights-of-
way across all areas of the National Park System. 45 FR 47092. Section 
14.78 describes the process for filing applications for rights-of-way 
for power transmission lines. Paragraph (b)(6)(i) of this section 
requires that the applicant include a detailed description of the 
environmental impact of the project that provides information about the 
impact of the project on airspace, air and water quality, scenic and 
aesthetic features, historical and archeological features, and 
wildlife, fish, and marine life. Paragraph (b)(6)(ii) requires that the 
proposed site, design, and construction of the project be consistent 
with a document entitled the ``Environmental Criteria for Electric 
Transmission Lines.'' This document was published by the Department of 
the Interior and the Department of Agriculture in 1970 and revised in 
1979. This document is no longer available and no longer used by the 
NPS to evaluate applications for right-of-way permits for power 
transmission lines.
    This rule removes paragraph (b)(6)(ii) from Sec.  14.78 because the 
reference to the environmental criteria document is obsolete and 
outdated. The NPS will continue to evaluate applications for rights-of-
way for power transmission lines in accordance the other provisions in 
subpart F of 36 CFR part 14. This rule also updates the authority line 
for 36 CFR part 14 to reflect the 2014 recodification of former 16 
U.S.C. 5 and 79 into 54 U.S.C. 100902.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The Executive Order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that agencies must base regulations on the best 
available science and the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    This rule is an E.O. 13771 deregulatory action because it will have 
costs less than zero. This rule will remove an outdated requirement. 
This will reduce the potential for confusion and may result in a more 
efficient application process for those applying for rights of way for 
power transmission lines across NPS-administered lands. This rule meets 
the goals of E.O. 13771 because the regulatory requirement

[[Page 2070]]

being removed is outdated and unnecessary.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more;
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions;
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Administrative Procedure Act (Notice of Proposed Rulemaking)

    We recognize that under 5 U.S.C. 553(b) and (c) notice of proposed 
rules ordinarily must be published in the Federal Register and the 
agency must give interested parties an opportunity to submit their 
views and comments. We have determined under 5 U.S.C. 553(b) and 318 DM 
HB 5.3, however, that notice and public comment for this rule are not 
required. We find good cause to treat notice and comment as 
unnecessary. As discussed above, the document entitled ``Environmental 
Criteria for Electric Transmission Lines'' is no longer used by the NPS 
to evaluate applications for right-of-way permits for power 
transmission lines. The current reference in 36 CFR 14.78(b)(6)(ii) is 
potentially confusing for right-of-way applicants and its removal will 
simply reflect how the NPS currently processes applications. This 
correction will not benefit from public comment, and further delaying 
it is contrary to the public interest.
    We also recognize that rules ordinarily do not become effective 
until at least 30 days after their publication in the Federal Register. 
We have determined, however, that good cause exists for all the rule to 
be effective immediately upon publication for the reasons stated above.

Unfunded Mandates Reform Act (UMRA)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector. This rule does not 
impose requirements on other agencies or governments. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. A Federalism 
summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    (a) Meets the criteria of section 3(a) requiring agencies to review 
all regulations to eliminate errors and ambiguity and write them to 
minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring agencies to 
write all regulations in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175 and have determined it has no substantial 
direct effects on federally recognized Indian tribes and consultation 
under the Department's tribal consultation policy is not required.

Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.)

    This rule does not contain new collections of information that 
require approval by the Office of Management and Budget under the PRA. 
The rule does not impose new recordkeeping or reporting requirements on 
State, tribal, or local governments; individuals; businesses; or 
organizations. We may not conduct or sponsor and you are not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.

National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the NEPA of 1969 is not required. We have determined the rule is 
categorically excluded under 43 CFR 46.210(i) because it is 
administrative, legal, and technical in nature. We also have determined 
the rule does not involve any of the extraordinary circumstances listed 
in 43 CFR 46.215 that would require further analysis under NEPA.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects in not 
required.
    Drafting Information: The primary author of this regulation was Jay 
Calhoun, Regulations Program Specialist, National Park Service.

List of Subjects in 36 CFR Part 14

    Electric power, Highways and roads, Public lands-rights-of-way.

    In consideration of the foregoing, the National Park Service amends 
36 CFR part 14 as follows:

PART 14--RIGHTS-OF-WAY

0
1. The authority citation for part 14 is revised to read as follows:

    Authority: 54 U.S.C. 100902; 23 U.S.C. 317.


Sec.  14.78   [Amended]

0
2. In Sec.  14.78, remove and reserve paragraph (b)(6)(ii).

Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, 
exercising the authority of the Assistant Secretary for Fish and 
Wildlife and Parks.
[FR Doc. 2018-00516 Filed 1-12-18; 8:45 am]
BILLING CODE 4310-EJ-P

Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2069

available for demonstrations under this message-bearing items are available by the Department of the Interior and
section, and for the sale or distribution without cost or donation. the Department of Agriculture in 1970
of printed matter and the free * * * * * and revised in 1979. This document is
distribution of other message-bearing no longer available and no longer used
items under § 2.52, only if these Jason Larrabee, by the NPS to evaluate applications for
activities would not: Principal Deputy Assistant Secretary for Fish right-of-way permits for power
and Wildlife and Parks Exercising the transmission lines.
* * * * * Authority of the Assistant Secretary for Fish
(2) The superintendent must This rule removes paragraph (b)(6)(ii)
and Wildlife and Parks.
designate on a map, which must be from § 14.78 because the reference to the
[FR Doc. 2018–00515 Filed 1–12–18; 8:45 am]
available in the office of the environmental criteria document is
BILLING CODE 4312–52–P obsolete and outdated. The NPS will
superintendent and by public notice
under § 1.7 of this chapter, the locations continue to evaluate applications for
designated as available for rights-of-way for power transmission
DEPARTMENT OF THE INTERIOR lines in accordance the other provisions
demonstrations, the sale or distribution
of printed matter, and the free National Park Service in subpart F of 36 CFR part 14. This rule
distribution of other message bearing also updates the authority line for 36
items. 36 CFR Part 14 CFR part 14 to reflect the 2014
recodification of former 16 U.S.C. 5 and
* * * * * [NPS–WASO–24690; PPWOVPADU0/ 79 into 54 U.S.C. 100902.
■ 3. Amend § 2.52 by: PPMPRLE1Y.Y00000]
■ a. Revising the section heading;
Compliance With Other Laws,
RIN 1024–AE42 Executive Orders, and Department
■ b. Revising the paragraph (a) subject
heading; Policy
Rights of Way; Removal of Outdated
■ c. Adding two sentences at the end of Reference Regulatory Planning and Review
paragraph (a); (Executive Orders 12866 and 13563)
■ d. Revising paragraph (b) introductory AGENCY: National Park Service, Interior.
Executive Order 12866 provides that
text; and ACTION: Final rule. the Office of Information and Regulatory
■ e. Revising paragraph (i) introductory Affairs (OIRA) in the Office of
text. SUMMARY: This rule removes an
outdated reference to a document Management and Budget will review all
The revisions and additions to read as significant rules. OIRA has determined
establishing environmental criteria for
follows: that this rule is not significant.
electric transmissions lines that is no
longer used by the National Park Service Executive Order 13563 reaffirms the
§ 2.52 Sale of printed matter and the
distribution of printed matter and other to evaluate applications for right-of-way principles of Executive Order 12866
message-bearing items. permits. while calling for improvements in the
nation’s regulatory system to promote
(a) Printed matter and other message- DATES: This rule is effective January 16,
predictability, to reduce uncertainty,
bearing items. * * * The term ‘‘other 2018. and to use the best, most innovative,
message-bearing items’’ means a FOR FURTHER INFORMATION CONTACT: Jay and least burdensome tools for
message-bearing item that is not Calhoun, NPS Division of Jurisdiction, achieving regulatory ends. The
‘‘printed matter’’ and is not solely Regulations, and Special Park Uses, Executive Order directs agencies to
commercial advertising. Other message- (202) 513–7112, john_calhoun@nps.gov. consider regulatory approaches that
bearing items include, but are not SUPPLEMENTARY INFORMATION: reduce burdens and maintain flexibility
limited to: Readable electronic media
and freedom of choice for the public
such as CDs, DVDs, and flash drives; Background
where these approaches are relevant,
clothing and accessories such as hats On July 11, 1980, the National Park feasible, and consistent with regulatory
and key chains; buttons; pins; and Service (NPS) promulgated regulations objectives. Executive Order 13563
bumper stickers. at 36 CFR part 14 that provide a process emphasizes further that agencies must
(b) Permits and the small group for the review, consideration, and base regulations on the best available
permit exception. The sale or approval or disapproval of requests for science and the rulemaking process
distribution of printed matter, and the rights-of-way across all areas of the must allow for public participation and
free distribution of other message- National Park System. 45 FR 47092. an open exchange of ideas. We have
bearing items without asking for or Section 14.78 describes the process for developed this rule in a manner
demanding payment or donation, is filing applications for rights-of-way for consistent with these requirements.
allowed within park areas if it occurs in power transmission lines. Paragraph
an area designated as available under (b)(6)(i) of this section requires that the Reducing Regulation and Controlling
§ 2.51(c)(2) and when the applicant include a detailed description Regulatory Costs (Executive Order
superintendent has issued a permit for of the environmental impact of the 13771)
the activity, except that: project that provides information about This rule is an E.O. 13771
* * * * * the impact of the project on airspace, air deregulatory action because it will have
(i) Misrepresentation. Persons engaged and water quality, scenic and aesthetic costs less than zero. This rule will
in the sale or distribution of printed features, historical and archeological remove an outdated requirement. This
matter or the free distribution of other features, and wildlife, fish, and marine will reduce the potential for confusion
daltland on DSKBBV9HB2PROD with RULES

message-bearing items under this life. Paragraph (b)(6)(ii) requires that the and may result in a more efficient
section are prohibited from proposed site, design, and construction application process for those applying
misrepresenting the purposes or of the project be consistent with a for rights of way for power transmission
affiliations of those engaged in the sale document entitled the ‘‘Environmental lines across NPS-administered lands.
or distribution, and misrepresenting Criteria for Electric Transmission This rule meets the goals of E.O. 13771
whether the printed matter or other Lines.’’ This document was published because the regulatory requirement

VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1

2070 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations

being removed is outdated and required by the UMRA (2 U.S.C. 1531 et National Environmental Policy Act
unnecessary. seq.) is not required. (NEPA)
Small Business Regulatory Enforcement Takings (Executive Order 12630) This rule does not constitute a major
Fairness Act (SBREFA) Federal action significantly affecting the
This rule does not effect a taking of quality of the human environment. A
This rule is not a major rule under 5 private property or otherwise have detailed statement under the NEPA of
U.S.C. 804(2), the SBREFA. This rule: takings implications under Executive 1969 is not required. We have
(a) Does not have an annual effect on Order 12630. A takings implication determined the rule is categorically
the economy of $100 million or more; assessment is not required. excluded under 43 CFR 46.210(i)
(b) Will not cause a major increase in Federalism (Executive Order 13132) because it is administrative, legal, and
costs or prices for consumers, technical in nature. We also have
individual industries, Federal, State, or Under the criteria in section 1 of determined the rule does not involve
local government agencies, or Executive Order 13132, the rule does any of the extraordinary circumstances
geographic regions; not have sufficient federalism listed in 43 CFR 46.215 that would
(c) Does not have significant adverse implications to warrant the preparation require further analysis under NEPA.
effects on competition, employment, of a Federalism summary impact
investment, productivity, innovation, or statement. A Federalism summary Effects on the Energy Supply (Executive
the ability of U.S.-based enterprises to impact statement is not required. Order 13211)
compete with foreign-based enterprises. Civil Justice Reform (Executive Order This rule is not a significant energy
12988) action under the definition in Executive
Administrative Procedure Act (Notice of Order 13211. A Statement of Energy
Proposed Rulemaking) This rule complies with the Effects in not required.
We recognize that under 5 U.S.C. requirements of Executive Order 12988. Drafting Information: The primary
553(b) and (c) notice of proposed rules This rule: author of this regulation was Jay
ordinarily must be published in the (a) Meets the criteria of section 3(a) Calhoun, Regulations Program
Federal Register and the agency must requiring agencies to review all Specialist, National Park Service.
give interested parties an opportunity to regulations to eliminate errors and List of Subjects in 36 CFR Part 14
submit their views and comments. We ambiguity and write them to minimize
have determined under 5 U.S.C. 553(b) litigation; and Electric power, Highways and roads,
and 318 DM HB 5.3, however, that (b) Meets the criteria of section 3(b)(2) Public lands-rights-of-way.
notice and public comment for this rule requiring agencies to write all In consideration of the foregoing, the
are not required. We find good cause to regulations in clear language and National Park Service amends 36 CFR
treat notice and comment as contain clear legal standards. part 14 as follows:
unnecessary. As discussed above, the
Consultation With Indian Tribes PART 14—RIGHTS-OF-WAY
document entitled ‘‘Environmental
(Executive Order 13175 and Department
Criteria for Electric Transmission Lines’’ ■ 1. The authority citation for part 14 is
Policy)
is no longer used by the NPS to evaluate revised to read as follows:
applications for right-of-way permits for The Department of the Interior strives
Authority: 54 U.S.C. 100902; 23 U.S.C.
power transmission lines. The current to strengthen its government-to- 317.
reference in 36 CFR 14.78(b)(6)(ii) is government relationship with Indian
potentially confusing for right-of-way tribes through a commitment to § 14.78 [Amended]
applicants and its removal will simply consultation with Indian tribes and ■ 2. In § 14.78, remove and reserve
reflect how the NPS currently processes recognition of their right to self- paragraph (b)(6)(ii).
applications. This correction will not governance and tribal sovereignty. We
benefit from public comment, and have evaluated this rule under the Jason Larrabee,
further delaying it is contrary to the Department’s consultation policy and Principal Deputy Assistant Secretary for Fish
public interest. under the criteria in Executive Order and Wildlife and Parks, exercising the
We also recognize that rules 13175 and have determined it has no authority of the Assistant Secretary for Fish
and Wildlife and Parks.
ordinarily do not become effective until substantial direct effects on federally
at least 30 days after their publication in recognized Indian tribes and [FR Doc. 2018–00516 Filed 1–12–18; 8:45 am]
the Federal Register. We have consultation under the Department’s BILLING CODE 4310–EJ–P

determined, however, that good cause tribal consultation policy is not
exists for all the rule to be effective required.
immediately upon publication for the LIBRARY OF CONGRESS
Paperwork Reduction Act (PRA) (44
reasons stated above.
U.S.C. 3501 et seq.) U.S. Copyright Office
Unfunded Mandates Reform Act
This rule does not contain new
(UMRA) 37 CFR Parts 201 and 202
collections of information that require
This rule does not impose an approval by the Office of Management [Docket No. 2017–8]
unfunded mandate on State, local, or and Budget under the PRA. The rule
tribal governments or the private sector does not impose new recordkeeping or Secure Tests: Extension of Comment
of more than $100 million per year. The reporting requirements on State, tribal, Period
daltland on DSKBBV9HB2PROD with RULES

rule does not have a significant or or local governments; individuals; AGENCY: U.S. Copyright Office, Library
unique effect on State, local or tribal businesses; or organizations. We may of Congress.
governments or the private sector. This not conduct or sponsor and you are not
ACTION: Interim rule with request for
rule does not impose requirements on required to respond to a collection of
comments; extension of comment
other agencies or governments. A information unless it displays a
period.
statement containing the information currently valid OMB control number.

VerDate Sep<11>2014 16:55 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1

Document Created: 2018-01-13 02:02:16
Document Modified: 2018-01-13 02:02:16

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.
Dates		This rule is effective January 16, 2018.
Contact		Jay Calhoun, NPS Division of Jurisdiction, Regulations, and Special Park Uses, (202) 513-7112, [email protected]
FR Citation		83 FR 2069
RIN Number		1024-AE42
CFR Associated		Electric Power; Highways and Roads and Public Lands-Rights-Of-Way

83 FR 2069 - Rights of Way; Removal of Outdated Reference

DEPARTMENT OF THE INTERIORNational Park Service

Federal Register Volume 83, Issue 10 (January 16, 2018)

DEPARTMENT OF THE INTERIOR
National Park Service