Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64655 

same reasons, a delayed effective date is 

not required under 5 U.S.C. 553(d)(3). 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

Executive Order 12866 

Because this rule involves a foreign 

affairs function of the United States, it 

is not subject to Executive Order 12866. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1). 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise. 

Amendment to CBP Regulations 

■ For the reasons set forth above, part 12 

of title 19 of the Code of Federal 

Regulations (19 CFR part 12), is 

amended as set forth below: 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 12.104g continue to read as 

follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1202 (General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624; 

* * * * * 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

§ 12.104g [Amended] 

■ 2. In § 12.104g, paragraph (a), the table 

is amended in the entry for Nicaragua 

by removing the reference to ‘‘CBP Dec. 

05—33’’ and adding in its place ‘‘CBP 

Dec. 10—32’’. 

Alan Bersin, 

Commissioner, U.S. Customs and Border 

Protection. 

Approved: October 15, 2010. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2010–26383 Filed 10–19–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

30 CFR Chapter III and 43 CFR Parts 

4 and 10 

RIN 1094–AA53 

Interior Board of Land Appeals and 

Other Appeals Procedures 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Office of the Secretary is 

amending several existing procedural 

regulations governing appeals to the 

Interior Board of Land Appeals (IBLA); 

adopting new regulations governing 

consolidation, extensions of time, 

intervention, and motions in IBLA 

appeals; removing regulations relating 

to the former Interior Board of Surface 

Mining and Reclamation Appeals and 

Interior Board of Contract Appeals, 

which no longer exist; and correcting 

the address of the Office of Hearings and 

Appeals. 

DATES: This rule is effective November 

19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert S. More, Director, Office of 

Hearings and Appeals, U.S. Department 

of the Interior, Phone 703–235–3810. 

Persons who use a telecommunications 

device for the deaf may call the Federal 

Information Relay Service at 800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Office of the Secretary published 

a proposed rule on March 8, 2007, to 

update regulations of the Office of 

Hearings and Appeals (OHA) governing 

appeals to IBLA under 43 CFR part 4, 

subparts E and L. 72 FR 10454–10466. 

Subpart E contains regulations 

governing public land hearings and 

appeals, while subpart L contains 

regulations governing surface coal 

mining hearings and appeals. We 

proposed to amend the existing 

regulations governing service of 

documents, reconsideration, statements 

of reasons for appeal, answers, and 

requests for hearings; and we proposed 

to add regulations governing motions for 

consolidation, extensions of time, and 

intervention, and for serving and 

responding to other motions. 

We received comments on the 

proposed rule from the State of Alaska 

Department of Law; Carl J.D. Bauman, 

Esq.; Biodiversity Conservation 

Alliance; Chevron North America 

Exploration and Production Company; 

Earthjustice; Kentucky Resources 

Council; Mary A. Nordale, Esq.; Oil & 

Gas Accountability Project; J. P. Tangen, 

Esq.; Western Resource Advocates; and 

Wyoming Outdoor Council. We are 

grateful for the suggestions from these 

commenters and have made a number of 

changes in the proposed rule in 

response to the comments, as explained 

in the section-by-section analysis below. 

This final rule makes changes to a 

number of other provisions that were 

not included in the proposed rule. 

These changes, also explained in the 

section-by-section analysis, are minor 

technical and conforming amendments 

that do not require notice and comment 

under the Administrative Procedure 

Act. 

II. Section-by-Section Analysis 

A. 30 CFR Chapter III—Board of Surface 

Mining and Reclamation Appeals 

This chapter in Title 30 consists of a 

single part, 301, entitled ‘‘Procedures 

under the Surface Mining Control and 

Reclamation Act of 1977.’’ Part 301, in 

turn, consists of a single section, 301.1, 

entitled ‘‘Cross reference,’’ which refers 

readers to 43 CFR part 4, subpart L, for 

procedures relating to appeals to the 

Interior Board of Surface Mining and 

Reclamation Appeals (IBSMA). IBSMA 

was abolished by Secretarial Order 

dated April 26, 1983, and its functions 

were transferred to IBLA. 48 FR 22370 

(May 18, 1983). However, 30 CFR 

Chapter III was never updated to reflect 

this change. 

The fact that the outdated provisions 

of 30 CFR Chapter III have been 

overlooked for the last 27 years suggests 

that few if any readers were even aware 

of the cross-reference in § 301.1. During 

the same period, parties have had no 

apparent difficulty filing surface mining 

appeals with IBLA under 43 CFR part 4, 

subpart L. Since 30 CFR Chapter III 

appears unnecessary as well as 

outdated, this rule removes it from the 

CFR. 

B. 43 CFR Part 4, Subpart A—General; 

Office of Hearings and Appeals 

This rule revises 43 CFR 4.1, entitled 

‘‘Scope of authority; applicable 

regulations,’’ to reflect changes to OHA’s 

organization and delegations since the 

last revision in 1996. In March 2005, the 

Hearings Division referred to in § 4.1(a) 

was divided into three separate 

components: The Departmental Cases 

Hearings Division, the Probate Hearings 

Division, and the White Earth 

Reservation Land Settlements Act 

(WELSA) Hearings Division. This 

change was effected by a revision to 

OHA’s organization chapter in the 

Departmental Manual, 112 DM 13 


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(2005). No change to the regulations was 

made at that time. 

Effective January 6, 2007, Congress 

abolished the Interior Board of Contract 

Appeals (IBCA) referred to in § 4.1(b)(1) 

and transferred its functions to a new 

Civilian Board of Contract Appeals 

(CBCA) within the General Services 

Administration. Public Law 109–163, 

sec. 847, 119 Stat. 3391 (2006); see 71 

FR 65825 (Nov. 9, 2006). 

For the last several years, OHA’s 

delegation chapter in the Departmental 

Manual has contained limits on OHA’s 

authority. For example, OHA may not 

overrule or modify a final legal 

interpretation (M–Opinion) of the 

Solicitor, or review the merits of a 

biological opinion issued by the Fish 

and Wildlife Service. 212 DM 13 (2009). 

However, the introductory text to § 4.1 

is silent with respect to any limitations 

on OHA’s authority. 

This rule therefore updates the 

description of the Hearings Divisions in 

§ 4.1(a) and deletes the description of 

the IBCA in § 4.1(b)(1); the remaining 

paragraphs of § 4.1(b) are renumbered. 

The rule revises 43 CFR 4.1 to clarify 

that OHA’s authority to hear, consider, 

and decide matters ‘‘as fully and finally 

as might the Secretary’’ is subject to any 

limitations imposed by the Secretary. 

And the rule updates redesignated 

§ 4.1(b)(1)(ii) to include a reference to 

Indian probate judges, whose 

decisions—like those of administrative 

law judges—are appealable to the 

Interior Board of Indian Appeals. 

C. 43 CFR Part 4, Subpart B—General 

Rules Relating to Procedure and 

Practice 

The final rule makes minor formatting 

changes to § 4.21(b). And it revises 

§ 4.22(a) to clarify that a document 

received after regular business hours at 

the office where it must be filed is 

considered filed on the next business 

day. 

D. 43 CFR Part 4, Subpart C—Special 

Rules of Practice Before the Interior 

Board of Contract Appeals 

Subpart C, consisting of §§ 4.100 

through 4.128, sets forth procedures for 

appeals to IBCA. With the abolition of 

IBCA and transfer of its functions to 

CBCA, those procedures are no longer 

needed. CBCA has published its own 

procedures at 48 CFR part 6101. This 

rule therefore removes the regulations in 

subpart C from 43 CFR part 4. 

E. 43 CFR Part 4, Subpart E—Special 

Rules Applicable to Public Land 

Hearings and Appeals 

This rule finalizes the changes to 

subpart E set forth in the March 8, 2007, 

proposed rule, with a number of 

revisions reflecting the comments we 

received. The preamble to the proposed 

rule at 72 FR 10454–10460 should be 

consulted for additional explanation of 

the changes as proposed. 

Section 4.400 Definitions. 

We proposed to add definitions for 

‘‘BLM,’’ ‘‘last address of record,’’ and 

‘‘party’’ and to revise definitions for 

‘‘Board,’’ ‘‘Bureau,’’ and ‘‘office’’ or 

‘‘officer.’’ No comments were received 

on the proposed definitions, and they 

are generally adopted as proposed. The 

one exception is the definition of 

‘‘Bureau,’’ which has been revised. 

The existing regulations define 

‘‘Bureau’’ to mean simply the Bureau of 

Land Management (BLM). In the 

proposed rule, we proposed to revise 

the definition of ‘‘Bureau’’ to include the 

Minerals Management Service (MMS), 

‘‘because IBLA reviews some decisions 

of the Minerals Management Service 

under subpart E, e.g., decisions 

concerning offshore minerals 

management and royalty management. 

See 30 CFR Sections 290.2, 290.8, 

290.108.’’ 72 FR 10454. It was 

subsequently pointed out that IBLA also 

reviews royalty management decisions 

of the Bureau of Indian Affairs (BIA) 

under 30 CFR 290.108, and that BIA 

should also be included in the 

definition of ‘‘Bureau.’’ More recent 

developments affected our proposal to 

add MMS to the definition. 

Effective June 18, 2010, Secretarial 

Order 3302 renamed MMS the Bureau of 

Ocean Energy Management, Regulation 

and Enforcement (BOEMRE). Under 

paragraph 4(b) of that Order, all 

references to MMS in the Department’s 

regulations, e.g., 30 CFR part 290, are 

being changed to BOEMRE. Under 

Secretarial Order 3299 (May 19, 2010), 

BOEMRE is being reorganized into three 

separate organizations over the next 

year. The first phase of the 

reorganization took effect October 1, 

2010, when the Minerals Revenue 

Management function moved from 

BOEMRE and became the Office of 

Natural Resources Revenue (ONRR) 

within the Office of the Assistant 

Secretary—Policy, Management and 

Budget (PMB), reporting to the Deputy 

Assistant Secretary—Natural Resources 

Revenue. Both the Director of ONRR 

and the Deputy Assistant Secretary— 

Natural Resources Revenue may render 

decisions appealable to IBLA. 

At some point in 2011, two other 

organizations will be created from the 

remaining BOEMRE functions, the 

Bureau of Ocean Energy Management 

(BOEM) and the Bureau of Safety and 

Environmental Enforcement (BSEE). We 

expect that some decisions from these 

two bureaus will also be appealable to 

IBLA. 

In light of these developments, the 

final rule uses an expanded term, 

‘‘Bureau or Office’’ in place of ‘‘Bureau,’’ 

and it defines the new term to mean 

BIA, BLM, BOEMRE, ONRR, the Deputy 

Assistant Secretary—Natural Resources 

Revenue, or any successor organization. 

The phrase ‘‘or any successor 

organization’’ will cover BOEM and 

BSEE when they come into existence. 

Section 4.401 Documents 

Section 4.401 governs the filing and 

service of documents in an appeal. 

Filing refers to submitting the original of 

a document to the appropriate 

decisionmaking authority (as specified 

in the regulations), while service refers 

to delivering a copy of the document to 

every other person who is participating 

in the appeal. A document is filed when 

it is duly received in the office of the 

appropriate decisionmaking authority 

(see 43 CFR 4.22(a)). A document is 

served when delivery is made or 

attempted as specified in this rule. 

We proposed to revise § 4.401(c) to 

allow service of a document, other than 

a notice of appeal that initiates a 

proceeding, by first-class mail to a 

person’s last address of record or by 

delivery service to a person’s last 

address of record if it is not a post office 

box. Under the existing regulation, 

service is limited to personal delivery or 

registered or certified mail. ‘‘Last 

address of record’’ was defined in 

proposed § 4.400 as the address 

provided in a person’s most recent filing 

in an appeal or, if there has not been 

any filing, the person’s address as 

provided in the Bureau or Office 

decision under appeal. 

Commenters supported liberalizing 

the service requirements, but some 

thought the proposed rule did not go far 

enough. Their suggestions included (a) 

allowing service by electronic mail or 

facsimile; (b) specifying that service on 

a party represented by counsel should 

be made on the representative; (c) 

requiring service at a party’s current 

address, if known to be different from 

the last address of record; (d) not 

requiring service of documents on all 

parties named in the decision under 

appeal; and (e) increasing the number of 

days after which delivery is presumed 

to occur. 

In response to the comments, the final 

rule provides that service of any 

document other than a notice of appeal 

can be made by personal delivery, mail, 

delivery service, or electronic means. 

Mail includes Express Mail, Priority 

Mail, or First-Class Mail (including 


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Registered Mail, Certified Mail, or FirstClass Mail without such additional 

services). Delivery service includes 

package or envelope delivery by 

companies such as DHL, FedEx, and 

United Parcel Service. Electronic means 

includes electronic mail or facsimile. 

Electronic means can be used if the 

party to be served has previously 

consented to that means in writing. 

Service by such means is effective when 

the document is transmitted, unless the 

serving party learns that the document 

did not reach the party to be served. In 

the latter case, the attempted service by 

electronic means is not effective, and 

the document must be served by another 

method. These provisions are modeled 

on the 2007 revisions to Rule 5 of the 

Federal Rules of Civil Procedure. 

Under the final rule, a party must 

serve a notice of appeal and statement 

of reasons on all other persons 

(individuals and entities) named in the 

decision under appeal, so that those 

persons can decide whether they want 

to participate in the appeal. But 

subsequent documents have to be 

served only on the parties to the appeal, 

including the initiating and responding 

parties and any persons granted 

intervenor status. Thus, persons named 

in the decision under appeal who wish 

to participate in the appeal must file a 

notice of appeal under § 4.411, an 

answer under § 4.414, or a motion to 

intervene under § 4.406. Persons named 

in the decision under appeal who do not 

participate in the appeal do not have to 

be served with documents other than 

the notice of appeal and statement of 

reasons. 

The final rule provides that service on 

a party known to be represented by 

counsel or other designated 

representative must be made on the 

representative. Service must be made at 

the last address of record of the party (if 

unrepresented) or the representative, 

unless the party or representative has 

notified the serving party of a 

subsequent change of address. This 

provision is intended to avoid disputes 

over whether the serving party sent a 

document to the most recent address 

known to the serving party. A party 

should be able to rely on a person’s 

address of record in the Bureau or Office 

or a subsequent change of address 

notice. However, if a document sent to 

that address comes back undelivered or 

unclaimed, the serving party must make 

other reasonable efforts to complete 

service. For example, if a document sent 

by certified mail is returned unclaimed, 

the serving party should at least re-send 

the document by regular mail. See Jones 

v. Flowers, 547 U.S. 220, 234–35 (2006). 

Also in response to comments, the 

rule provides that service by mail or a 

delivery service—in the absence of 

evidence to the contrary—will be 

deemed to take place 5 business days 

(typically 7 calendar days) after the 

document was sent, rather than 3 days 

as stated in the proposed rule. A 

sentence has been added stating that a 

document is considered sent when it is 

given to the U.S. Postal Service (or 

deposited in one of its mailboxes), 

properly addressed and with proper 

postage affixed, or when it is given to a 

delivery service (or deposited in one of 

its receptacles), properly addressed and 

with the delivery cost prepaid. 

Corresponding revisions have been 

made to proposed § 4.422(c). 

The final rule also adds a new 

§ 4.401(d) specifying the format of 

documents filed in a case. Sections 

4.412 and 4.414 in the proposed rule 

had included general formatting 

guidance for briefs filed with IBLA 

(‘‘double-spaced, using standard margins 

and font size’’); but we decided to 

include more specific guidance in 

§ 4.401, where it would be applicable to 

all cases filed under subpart E. The 

language adopted is based on 43 CFR 

45.11(a), 45.12(d). 

Section 4.403 Finality of Decision; 

Reconsideration 

The proposed rule revised the 

language in § 4.403 to clarify the 

standard for a motion for 

reconsideration, to specify that parties 

can file a response to such a motion, 

and to list circumstances that may 

warrant IBLA’s granting a motion in its 

discretion. No comments were received 

on the proposed changes, and they are 

adopted as proposed. 

Section 4.404 Consolidation 

We proposed to add a regulation 

providing that the Board may 

consolidate appeals on its own initiative 

or on motion of a party, if the facts or 

legal issues involved are the same or 

similar. The rule would codify existing 

practice. One comment was received 

supporting the proposed regulation, and 

it is adopted as proposed. 

Section 4.405 Requests for Extension 

of Time 

We proposed to add a regulation 

governing motions requesting an 

extension of time to file a document 

with the Board. As proposed, the rule 

would require a party to file such a 

motion no later than the day before the 

document is due and to show good 

cause for the extension. It would allow 

any other party to file an objection 

within 2 business days after service of 

the motion. And it would provide that, 

if the Board does not act on a motion 

before the document is due, the 

document must be filed no later than 15 

days after the original due date, unless 

the Board subsequently shortens or 

lengthens the time by order. We 

received several comments on this 

proposal. 

One commenter suggested that the 

party requesting an extension be 

required to indicate in the motion 

whether the other parties (or their 

counsel) oppose the motion; and the 

commenter expressed concern that a 2- 

day period for objecting to an extension 

is too short. The final rule adopts the 

commenter’s suggestion with respect to 

requiring the moving party to ascertain 

whether other parties oppose the 

motion, and eliminates the 2-day period 

for objecting to an extension. Under 

§ 4.401(c)(6), service is normally 

deemed to take place 5 business days 

after the document was sent. Five 

business days is the equivalent of 7 

calendar days (or 8, if the period 

includes a holiday). Thus, under the 

rule as proposed, the Board would have 

to wait to rule on the motion for at least 

7 calendar days after a motion for 

extension of time is filed for service to 

occur, plus an additional 2 days to 

allow for a response from the other 

parties (or more, if the commenter’s 

suggestion of a longer response period 

were adopted). Meanwhile, the party 

seeking the extension does not know 

how long it will have to file its 

document. Most motions for extension 

of time are unopposed, and the Board is 

fully capable of deciding such motions 

without a written response from another 

party. 

Another commenter suggested that, if 

the Board denies a motion for extension 

of time, the moving party should have 

an automatic 15-day extension, to run 

from receipt of the Board’s order 

denying the motion. This suggestion 

was not adopted, since it would grant an 

extension of time in cases where the 

Board has already determined that good 

cause has not been shown. The same 

commenter suggested that an exception 

to the filing deadline for a motion for 

extension of time be provided for 

compelling circumstances; the 

commenter pointed out that such an 

exception was stated in the preamble to 

the proposed rule, but not in the 

regulation. This suggestion has been 

adopted. 

A third commenter stated that the 

regulations should provide that 

extensions of reasonable duration will 

be freely granted. The commenter found 

it ‘‘ironic that the OHA can be proposing 

curtailed opportunities to present 


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64658 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

pleadings when the IBLA takes three 

years to produce a decision on appeal.’’ 

We disagree that setting a ‘‘good cause’’ 

standard for extensions of time, as we 

have in § 4.405(d), will curtail 

opportunities for the parties to present 

their pleadings. Neither the proposed 

nor final rule reduces the time allowed 

for the parties to file their pleadings, 

and extensions of time will continue to 

be available upon a proper showing. It 

is also worth noting that the average age 

of IBLA’s pending cases has been falling 

steadily over the last few years, from 20 

months at the start of FY 2004 to less 

than 5 months currently. In fact, one of 

the principal reasons for this 

rulemaking is to further improve the 

efficiency of IBLA’s adjudicatory 

process. 

A final commenter suggested that 

‘‘good cause’’ be defined in the 

regulations to include ‘‘difficulty in 

obtaining the administrative record or 

the need to fully review a lengthy record 

or an appeal involving complicated 

legal or factual issues.’’ We believe it 

would be impossible to adequately 

capture the wide array of personal, 

professional, substantive, and 

procedural reasons that could constitute 

‘‘good cause’’ under appropriate 

circumstances, although the proposed 

rule preamble did note that conducting 

settlement negotiations in good faith 

would justify a reasonable extension of 

time. 

For reasons explained below in 

connection with § 4.414, the final rule 

adds a paragraph (f) to this section, 

allowing for an automatic extension, not 

to exceed 30 days, of the deadline for 

filing an answer. 

Section 4.406 Intervention; Amicus 

Curiae 

We proposed to add a regulation 

governing intervention in appeals before 

IBLA and appearance as an amicus 

curiae. Under the proposed rule, if the 

person seeking to intervene would be 

adversely affected if the decision under 

appeal were reversed, vacated, set aside, 

or modified by the Board, a motion to 

intervene would be due within 30 days 

after the person knew or should have 

known that the decision had been 

appealed. However, if the person 

seeking to intervene would have an 

independent right to appeal the decision 

under § 4.410, a motion to intervene 

would be due within 30 days after the 

person was served with the decision or, 

if not served, knew or should have 

known of the decision. The preamble 

cited Independent Petroleum 

Association of Mountain States, 136 

IBLA 279, 281 (1996), for the 

proposition that the Board will deny a 

motion to intervene where granting it 

would circumvent the requirement in 

§ 4.411(a) that an appeal be filed within 

30 days after service of a decision. 

One commenter objected to the 

proposal because, for a party having a 

right to appeal, the time for filing a 

motion to intervene could expire before 

the party even learns that another party 

has filed an appeal. According to the 

commenter, a party having a right to 

appeal may choose not to do so in the 

first instance, but may want to intervene 

if another party files an appeal, 

especially if the parties’ interests are not 

aligned. The commenter recommended 

that, in all cases, the deadline for filing 

a motion to intervene should be 30 days 

after the person knew or should have 

known that the decision has been 

appealed to the Board. 

The final rule adopts the commenter’s 

recommended approach. It further 

requires the party seeking to intervene 

to set forth the basis for the proposed 

intervention in the motion, including (1) 

whether the person had a right to appeal 

the decision under § 4.410 or would be 

adversely affected if the decision under 

appeal were reversed, vacated, set aside, 

or modified by the Board, and (2) how 

and when the person learned of the 

appeal. The Board could then take that 

information into account in deciding 

whether to grant the motion. 

The final rule adds a paragraph (e) 

specifying that a person granted full or 

limited intervenor status is a party to 

the appeal, while an amicus curiae is 

not. Thus, other parties are required to 

serve documents on an intervenor under 

§ 4.401, though not on an amicus curiae. 

However, an amicus curiae is required 

to serve its brief on the parties to the 

appeal. 

Section 4.407 Motions 

We proposed to add a regulation 

governing motions filed with the Board, 

requiring that the motion provide a 

concise statement of the reasons 

supporting the motion, giving any other 

party 15 days to respond, and stating 

that the Board would rule on any 

motion as expeditiously as possible. The 

15-day response deadline would apply 

unless another regulation or the Board 

by order provides otherwise. 

Two commenters objected to the 

proposal. One argued that there is no 

need for a regulation on motions and 

that the Board should maintain its 

current practice. However, as explained 

in the proposed rule, the absence of a 

regulation leads to uncertainty among 

practitioners, e.g., as to the length of 

time they have to respond to a motion. 

The rule will help standardize practice 

and facilitate prompt rulings on 

motions. 

The other commenter objected to the 

15-day response period as being 

insufficient in most cases and likely to 

result in motions for extension of time. 

The commenter recommended that 30 

days be allowed for responding to a 

motion. 

The Board’s experience is that most 

motions are routine in nature and are 

often unopposed or generate only a brief 

response. For those motions, a short 

response period facilitates disposition. 

Other motions are more substantive and 

justify a longer response period. Fifteen 

days is already a week longer than the 

8 days allowed for responses to 

substantive motions in Rule 27 of the 

Federal Rules of Appellate Procedure. 

The final rule therefore retains the 

response deadline of 15 days after 

service of the motion. If additional time 

is needed for a particularly substantive 

motion, the responding party can 

request an extension of time under 

§ 4.405. 

Section 4.410 Who May Appeal 

As explained above, the proposed rule 

included a revised definition of 

‘‘Bureau’’ in § 4.400 as including MMS 

along with BLM. But it did not include 

any proposed changes to § 4.410, which 

mentions appeals only from decisions of 

BLM or an administrative law judge. 

The final rule revises § 4.410 to 

substitute the more inclusive term 

‘‘Bureau or Office’’ for ‘‘BLM’’ in 

paragraphs (a) and (c). As explained 

above, the definition of ‘‘Bureau or 

Office’’ in § 4.400 has been further 

revised in the final rule to include BIA, 

BLM, BOEMRE, ONRR, the Deputy 

Assistant Secretary—Natural Resources 

Revenue, and any successor 

organization. 

Section 4.411 Appeal; How Taken, 

Mandatory Time Limit 

We proposed to add a provision to 

§ 4.411(a) specifying that transmitting a 

notice of appeal by facsimile to the 

office of the officer who made the 

decision would not constitute filing. 

This proposal was intended to avoid the 

problem observed in cases in which an 

appellant attempted to transmit a notice 

of appeal by facsimile, but the relevant 

office did not receive it on time or at all. 

See Underwood Livestock, Inc., 165 

IBLA 128, 130–31 (2005); National 

Wildlife Federation, 162 IBLA 263, 264– 

66 (2004). 

Two commenters objected to the 

proposal and argued that timely 

electronic transmission of a notice of 

appeal should be accepted. One of the 

commenters suggested that the 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64659 

regulations include an express 

statement that the risk of delay or 

nondelivery of the notice of appeal is on 

the sender. BLM supported the 

proposed rule, expressing a concern that 

the volume of paper involved could 

overwhelm the facilities in some offices. 

They noted that one appellant had 

recently filed 17 appeals totaling about 

1,200 pages. 

Based on the Board’s recent 

experience, it appears that some BLM 

offices already accept electronic filing of 

notices of appeal, while others may not. 

Rather than adopt a uniform rule for 

BLM, we have decided to delete 

proposed § 4.411(a)(4) for now, leaving 

it up to BLM whether to accept notices 

of appeal by facsimile or e-mail. We 

plan to revisit the issue of electronic 

filing in a future rulemaking. 

We also proposed to add a provision 

to § 4.411(b) specifying that a person 

representing more than one appellant 

must state that he or she is authorized 

to do so. See, e.g., The Friends and 

Residents of Log Creek, 150 IBLA 44, 48 

(1999) (‘‘Proper application of the 

Department’s rules of practice requires 

an affirmative showing that a 

representative of a named appellant is 

qualified and authorized to represent 

any other purported appellant or 

appellants, if single representation for 

multiple parties is intended’’). 

One commenter objected that this 

requirement is unnecessary and would 

‘‘create a trap for the unwary.’’ The 

commenter pointed out that 43 CFR 

1.5(a) already provides that the 

signature of a party’s representative on 

a document constitutes a certificate that 

he or she is authorized and qualified to 

represent the party. The commenter 

argued that it would be ‘‘far simpler and 

more efficient’’ for the Board to issue an 

order to show cause, requiring a person 

to verify his or her authority to 

represent a party, in cases where the 

Board has a question about such 

authority. 

We disagree with the commenter in 

part. If inclusion of a single statement in 

a notice of appeal avoids a potential 

issue about a representative’s authority, 

that action would be ‘‘far simpler and 

more efficient’’ than the Board’s 

issuance of an order to show cause, 

followed by responses from the 

parties—a process that would take at 

least a few weeks. Nevertheless, we 

share the commenter’s concern about 

the new requirement creating a ‘‘trap for 

the unwary.’’ Moreover, it may well be 

that, in many cases where this issue 

arises, a mere statement by the 

representative that other appellants 

have authorized him or her to represent 

them will not be sufficient to resolve the 

issue. If so, the Board will still have to 

use an order to show cause to satisfy 

itself that the requirements of 43 CFR 

part 1 have been met. On balance, 

therefore, we have decided to omit the 

proposed requirement from the final 

rule. 

The final rule amends § 4.411 to add 

an introductory phrase, ‘‘[e]xcept as 

otherwise provided by law,’’ to 

paragraph (a)(2), since a statute or 

regulation may provide a longer or 

shorter period for filing an appeal than 

the normal 30 days. For example, under 

30 U.S.C. 1724(d)(4)(B)(ii)(V), an order 

to perform a restructured accounting for 

oil and gas royalties must ‘‘provide the 

lessee or its designee 60 days within 

which to file an administrative appeal of 

the order to perform a restructured 

accounting.’’ 

The final rule also adds a new 

§ 4.411(d), specifying what the office of 

the officer who made the decision must 

do after receiving a notice of appeal. 

The office must forward to the Board the 

notice of appeal and any accompanying 

documents, as well as the complete 

administrative record. 

Section 4.412 Statement of Reasons; 

Statement of Standing; Reply Briefs 

We proposed to revise § 4.412(a) to 

require a single statement of reasons to 

be filed within 30 days after the notice 

of appeal is filed, rather than allowing 

two or more statements of reasons as in 

the current regulations. No comments 

were received on this change, and it is 

adopted. We have modified the 

language of paragraph (a) slightly, to say 

that the statement of reasons must be 

filed ‘‘no later than 30 days after the 

notice of appeal was filed,’’ rather than 

‘‘within 30 days after the notice of 

appeal was filed.’’ An appellant does not 

have to wait until ‘‘after the notice of 

appeal was filed’’ to file a statement of 

reasons; the two documents can be filed 

at the same time. 

We also proposed to limit the 

statement of reasons to 30 pages 

(excluding exhibits, declarations, or 

other attachments), unless the appellant 

obtains leave of the Board to file a 

longer statement by showing good 

cause. And we proposed that an 

appellant would also have to show good 

cause for leave to file any additional 

pleading, e.g., a reply to an answer. 

One commenter objected to the page 

limitation in the proposed rule, saying 

that it was arbitrary and inadequately 

justified in the proposed rule. Thirty 

pages is the limit for a principal brief 

under Rule 32(a)(7) of the Federal Rules 

of Appellate Procedure; and in the 

Board’s experience, it should be 

sufficient in all but the most 

complicated cases. This proposed 

change is adopted as proposed. 

The same commenter and several 

others objected to the requirement that 

an appellant obtain leave of the Board 

to file a reply brief. The current 

regulations make no provision for a 

reply brief, and most appellants who 

wish to file a reply seek leave of the 

Board to do so. Thus the proposed rule 

is consistent with the prevailing 

practice. However, it is also true that the 

Board routinely grants leave to file a 

reply when requested, and appellants 

file replies in fewer than 10 percent of 

the cases. Thus, allowing a limited time 

for appellants to file a reply brief 

appears unlikely to delay proceedings 

unduly. 

In light of the Board’s experience and 

the comments received, the final rule 

expressly allows an appellant who feels 

the need to do so to file a reply brief 

within 15 days after service of an 

answer under § 4.414. This is 

comparable to the 14 days allowed for 

a reply brief in Rule 31 of the Federal 

Rules of Appellate Procedure. The reply 

brief is limited to the issues raised in 

the answer and to 20 pages, unless the 

appellant obtains leave of the Board to 

file a longer brief by showing good 

cause. No further briefing by any party 

is permitted, unless requested by the 

Board. 

Section 4.413 Service of Notice of 

Appeal 

The proposed rule included updated 

addresses for the Office of the Solicitor 

on which a copy of a notice of appeal 

and statement of reasons must be 

served. The Office of the Solicitor has 

informed us a handful of other changes, 

and the final rule revises the 

information in § 4.413(c)(1), (d)(5), and 

(d)(9) to reflect those changes. No public 

comments were received on the 

proposed changes, and they are adopted 

as proposed, with minor editorial 

changes. 

Section 4.414 Answers 

We proposed to require each party 

that wishes to participate in an appeal, 

including the Bureau, to file a single 

answer (or motion, if appropriate, e.g., 

a motion to dismiss) within 60 days of 

service of the statement of reasons for 

appeal. This is twice the length of time 

generally provided for filing an answer 

under the existing regulations and 

would equal the total length of time that 

an appellant has to file a statement of 

reasons from the date of service of the 

decision being appealed (30 days under 

§ 4.411(a) plus 30 days under 

§ 4.412(a)). No comments were received 

on the proposed change. On further 


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consideration, however, we have 

decided to leave the period for filing an 

answer in § 4.414(a) at 30 days, but to 

revise § 4.405 to provide for an 

automatic extension of time upon 

request, not to exceed 30 days. 

In many cases currently, no party files 

an answer, which means that the case is 

ripe for adjudication 30 days after 

service of the notice of appeal or 

statement of reasons. Enlarging the 

period for filing an answer to 60 days 

in all cases would mean that the Board 

would have to wait an additional 30 

days in every case to see whether a 

party filed an answer. 

Under the final rule, if a person wants 

to file an answer but needs additional 

time to do so, the person can get up to 

the full 60 days contemplated in the 

proposed rule simply by filing a request 

for an extension of time before the end 

of the initial 30-day deadline. But if no 

one files an answer or a request for an 

extension of time within the initial 30- 

day period, the Board can proceed to 

consider the appeal, without having to 

wait an additional 30 days. 

For the reasons discussed above in 

connection with § 4.411, the final rule 

omits the proposed requirement that, if 

a person is representing more than one 

party, the answer must state that the 

person is authorized to do so. 

Section 4.415 Motion for a Hearing on 

an Appeal Involving Questions of Fact 

We proposed several changes to 

existing § 4.415: (1) Deleting the 

requirement that a request for a hearing 

on issues of material fact be filed within 

30 days after an answer is due; (2) 

requiring a party that requests a hearing 

to specify in its motion what the issues 

of material fact are, what evidence must 

be presented, what witnesses need to be 

examined, and what documentary 

evidence needs to be explained, if any; 

(3) including the standards used by the 

Board in deciding whether to refer a 

case for a hearing; (4) giving the Board 

the authority to refer a matter for a 

hearing by an administrative law judge 

(ALJ), who would issue (a) proposed 

findings of fact on specified issues, (b) 

a recommended decision, or (c) a 

decision that will be final in the absence 

of an appeal; and (5) authorizing the 

Board to suspend the effectiveness of 

the decision under review pending a 

final decision on the appeal if it finds 

good cause to do so. 

One commenter objected to the 

proposed requirement that a party 

requesting a hearing specify what 

evidence must be presented, what 

witnesses need to be examined, and 

what documentary evidence needs to be 

explained, if any. The commenter 

argued that discovery may be necessary 

before a party can make these 

determinations, and discovery may not 

be available until the case is referred to 

an ALJ for a hearing. The commenter 

recommended that the rule require a 

party to identify only the issues of 

material fact on which a hearing is 

necessary or, at the least, clarify that a 

party will not be limited to its 

specifications of evidence, witnesses, 

and documents in the request for a 

hearing. 

We have decided to retain the 

requirement that the party specify, not 

only the issues of material fact to be 

heard, but also the evidence, witnesses, 

and documents to be presented or crossexamined. This information is needed 

for the Board to evaluate the hearing 

request and determine, for example, 

whether evidence could be presented in 

documentary form, rather than by oral 

testimony, thereby saving the parties 

and the ALJ the time and expense of a 

hearing. However, language has been 

added to § 4.415(e) clarifying that, 

unless the Board orders otherwise, the 

ALJ may consider other relevant issues 

and evidence identified after referral of 

the case for a hearing. 

The same commenter also 

recommended that the proposed rule be 

amended to include procedures for 

discovery in cases handled by the 

Departmental Cases Hearings Division. 

While this recommendation is outside 

the scope of the current rulemaking, 

which focuses on procedures for IBLA, 

we agree that discovery procedures for 

cases before the Departmental Cases 

Hearings Division should be 

established. We will propose such 

procedures in a separate rulemaking. 

No other comments were received on 

the proposed changes to § 4.415, and 

they are adopted as proposed. 

Section 4.421 Definitions 

We proposed to remove from this 

section a handful of terms that are also 

defined in § 4.400, to alphabetize the 

remaining definitions, and to revise 

them to reflect revisions to the 

definitions in § 4.400. No comments 

were received on the proposed changes, 

and they are adopted as proposed. 

In addition, in response to a comment 

from BLM, we have substituted a 

definition of ‘‘manager’’ for the 

definition of ‘‘district manager’’ in the 

current regulation. BLM pointed out 

that subpart E never actually uses 

‘‘district manager,’’ except to define it in 

this section as the supervising BLM 

officer of the grazing district. By 

contrast, subpart E uses ‘‘manager’’ in 

several regulations. Since BLM manages 

grazing both within grazing districts and 

on the public lands outside grazing 

districts, the final regulation defines the 

term ‘‘manager’’ more broadly as ‘‘the 

BLM official with direct supervision 

over the public lands that are pertinent 

to the decision or contest.’’ 

Section 4.422 Documents 

The proposed rule included changes 

to the service requirements in § 4.422(c) 

corresponding to those proposed for 

§ 4.401(c). The final rule adopts the 

same changes to § 4.422(c) as are 

adopted for § 4.401(c), discussed above. 

In addition, language has been included 

in § 4.422(c)(4) and (6) to reflect service 

of a complaint in a contest proceeding 

by publication, as provided in § 4.450– 

5. 

Section 4.433 Authority of the 

Administrative Law Judge 

Consistent with one of the proposed 

changes to § 4.415 mentioned above, we 

proposed to revise § 4.433 to provide 

authority to an ALJ to issue either a 

recommended decision or a decision 

that would be final for the Department 

absent an appeal to the Board, in 

addition to proposed findings of fact on 

the issues presented at the hearing. No 

comments were received on the 

proposed change, and it is adopted as 

proposed. 

Section 4.434 Conduct of Hearing 

We proposed to revise this regulation 

to substitute ‘‘administrative law judge’’ 

for ‘‘examiner’’ and to substitute 

‘‘Bureau,’’ as defined in § 4.400, for 

‘‘Bureau of Land Management.’’ No 

comments were received on the 

proposed changes, and they are adopted 

as proposed, except that the expanded 

term ‘‘Bureau or Office’’ is used in the 

final rule. 

Section 4.437 Copies of Transcript 

This regulation refers to the parties’ 

stipulating to a summary of the 

evidence, a procedure that has not been 

used for many years and is unnecessary, 

since all hearings are transcribed. The 

final rule removes this reference in 

§ 4.437. 

Section 4.438 Summary of Evidence 

We proposed to remove this 

regulation as unnecessary, for the 

reasons explained above in connection 

with § 4.437. No comments were 

received on the proposed change, and it 

is adopted as proposed. Existing § 4.439 

is redesignated § 4.438. 

Section 4.438 Action by 

Administrative Law Judge 

Consistent with the proposed changes 

to §§ 4.415 and 4.433 mentioned above, 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64661 

we proposed to revise this regulation to 

authorize an ALJ to issue (a) proposed 

findings of fact on the issues presented 

at the hearing, (b) a recommended 

decision that includes findings of fact 

and conclusions of law, or (c) a decision 

that would be final for the Department 

absent an appeal to the Board. No 

comments were received on this 

proposed change, and it is adopted as 

proposed. 

Section 4.452–8 Findings and 

Conclusions; Decision by Administrative 

Law Judge 

Paragraphs (a) and (b) of this section 

provide that, following a hearing in a 

contest proceeding, the parties may 

submit proposed findings of fact and 

conclusions of law, and the ALJ will 

consider them and issue his or her 

decision, including findings, 

conclusions, and the reasons for them. 

Paragraph (c) provides that ‘‘[t]he Board 

may require, in any designated case, 

that the [ALJ] make only a 

recommended decision and that the 

decision and the record be submitted to 

the Board for consideration.’’ 

As far as we are aware, the authority 

in paragraph (c) has never been used, 

and we are unaware of any reason to 

depart from the consistent current 

practice of having the ALJ render an 

initial decision that is then reviewable 

by the Board on appeal. The final rule, 

therefore, deletes paragraph (c). 

Section 4.476 Conduct of Hearing; 

Reporter’s Fees; Transcripts 

Like § 4.437 discussed above, 

§ 4.476(d) refers to the parties’ 

stipulating to a summary of the 

evidence, a procedure that has not been 

used for many years and is unnecessary, 

since all hearings are transcribed. The 

final rule removes this reference in 

§ 4.476. 

Section 4.477 Findings and 

Conclusions; Decision by Administrative 

Law Judge 

Paragraph (a) of this section provides 

that, following a hearing in a grazing 

proceeding and the time allowed for the 

parties to submit proposed findings of 

fact and conclusions of law, the ALJ will 

consider them and issue his or her 

decision, including findings, 

conclusions, and the reasons for them. 

Paragraph (b) provides that the Board 

‘‘may require, in any designated case, 

that the [ALJ] make only a 

recommended decision and that such 

decision and the record be submitted to 

the Board for consideration.’’ We are not 

aware of the Board’s ever having used 

the authority in paragraph (b), and we 

have deleted paragraph (b) from the 

final rule. 

Section 4.478 Appeals to the Board of 

Land Appeals; Judicial Review 

As noted in the proposed rule, in 

2003, OHA amended its regulations to 

authorize an ALJ to issue an order 

granting or denying a petition for stay of 

a BLM grazing decision. 43 CFR 

4.474(c), 68 FR 68765, 68771 (Dec. 10, 

2003). The amendments also provided 

for an appeal to IBLA from such an 

order in § 4.478(a), but did not specify 

a time or place for filing the appeal. We 

proposed to amend § 4.478(a) to provide 

that an appeal may be filed with the ALJ 

in accordance with § 4.411(a). No 

comments were received on the 

proposed change, and it is adopted as 

proposed. 

F. 43 CFR Part 4, Subpart L—Special 

Rules Applicable to Surface Coal Mining 

Hearings and Appeals 

Section 4.1108 Form of Documents 

The final rule adds a new § 4.1108(g) 

providing that documents filed under 

subpart L must conform to the 

document formatting requirements of 

§ 4.401(d). This provision takes the 

place of the more general formatting 

guidance (‘‘double-spaced, using 

standard margins and font size’’) 

included in proposed § s 4.1392(a)(2), 

(e)(2). 

Section 4.1109 Service 

The Solicitor’s Office has informed us 

that, in 2009, the Knoxville Field 

Solicitor’s Office moved to a new 

location. We have revised 

§ 4.1109(a)(2)(ii) to update the office 

address. 

Section 4.1117 Reconsideration 

We proposed to add § 4.1117 to treat 

motions for reconsideration under 

subpart L in a manner consistent with 

those under subpart E. See § 4.403, 

discussed above. No comments were 

received on the proposed addition, and 

it is adopted as proposed. 

Section 4.1270 Petition for 

Discretionary Review of a Proposed Civil 

Penalty 

We proposed to correct the reference 

in § 4.1270(f) from § 4.1277 (which does 

not exist) to § 4.1275. No comments 

were received on the proposed change, 

and it is adopted as proposed. 

Section 4.1276 Reconsideration 

We proposed to remove this 

regulation because of the addition of 

§ 4.1117, discussed above. No comments 

were received on the proposed change, 

and it is adopted as proposed. 

Section 4.1286 Motion for a Hearing 

We proposed to revise § 4.1286 to 

treat requests for a hearing under 

subpart L in a manner consistent with 

those under subpart E. See § 4.415, 

discussed above. No comments were 

received on the proposed changes, and 

they are adopted as proposed. 

Section 4.1287 Action by 

Administrative Law Judge 

The final rule adds a new § 4.1287 to 

require action by the ALJ, following 

referral of a case for a hearing under 

subpart L, in a manner consistent with 

that under subpart E. See redesignated 

§ 4.438, discussed above. 

Section 4.1392 Contents of Request; 

Amendment of Requests; Responses 

Section 4.1392 governs the filing of 

requests for review, and responses to 

such requests, in cases involving a 

determination by the Office of Surface 

Mining Reclamation and Enforcement 

that a person does or does not have 

valid existing rights under 30 CFR 

761.16. One commenter requested that 

the final regulations clarify a requester’s 

right to file a supplemental brief, which 

could serve to narrow the issues in 

contention. Consistent with the change 

to § 4.412 concerning reply briefs, 

discussed above, the final rule adds a 

§ 4.1392(e), giving a requester who 

wishes to file a reply a limited 

opportunity to do so. The final rule also 

revises § 4.1392(d) to clarify the 

requirements for filing a response. 

G. 43 CFR Part 10—Native American 

Graves Protection and Repatriation 

Regulations 

In January 2002, OHA moved its 

headquarters offices to a new building 

and revised these regulations to update 

its address. 67 FR 4367, 4368 (Jan. 30, 

2002). In April 2003, however, the 

National Park Service revised 43 CFR 

10.12 and inadvertently republished 

OHA’s former address. 68 FR 16354, 

16363–64 (Apr. 3, 2003). This final rule 

therefore revises § 10.12(j) and (k) to 

substitute OHA’s current address. 

III. Review Under Procedural Statutes 

and Executive Orders 

A. Decision To Issue Final Rule 

Without Prior Notice and Comment on 

Some Provisions. While prior notice and 

opportunity for comment were provided 

for most of the provisions of this final 

rule, the Office of the Secretary has 

included additional provisions that 

were not part of the March 8, 2007, 

proposed rule. These provisions are 30 

CFR Chapter III and 43 CFR part 4, 

subpart C, which are removed; 43 CFR 

4.1, 4.21, 4.22, 4.410, 4.437, 4.452–8, 


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64662 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

4.476, 4.477, 4.1108, 4.1392, and 10.12, 

which are revised; and 43 CFR 4.401(d), 

4.411(d), and 4.1287, which are added. 

As is clear from the section-by-section 

analysis above, the changes to these 

regulations are minor technical 

amendments or changes needed to 

conform to other statutory or regulatory 

actions. 

The Department has determined that 

the public notice and comment 

requirements of the Administrative 

Procedure Act, 5 U.S.C. 553(b), do not 

apply to these additional provisions 

because the changes being made relate 

solely to matters of agency organization, 

procedure, and practice. They therefore 

satisfy the exemption from notice and 

comment rulemaking in 5 U.S.C. 

553(b)(A). 

B. Regulatory Planning and Review 

(E.O. 12866). In accordance with the 

criteria in Executive Order 12866, we 

have determined that this document is 

not a significant regulatory action. The 

Office of Management and Budget has 

not reviewed this rule under Executive 

Order 12866. 

1. This rule will not have an annual 

economic effect of $100 million or more 

or adversely affect in a material way an 

economic sector, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. A 

cost-benefit and economic analysis is 

not required. These regulations will 

have virtually no effect on the economy 

because they only revise existing 

procedural regulations governing 

appeals and add new regulations 

governing consolidation of appeals, 

requests for extensions of time, motions, 

and intervention. 

2. This rule will not create 

inconsistencies with or interfere with 

other agencies’ actions because only the 

Department of the Interior provides 

regulations that govern procedures for 

appeals of decisions concerning the use 

and disposition of public lands and 

their resources and concerning surface 

coal mining. 

3. This rule will not materially alter 

the budgetary effects of entitlements, 

grants, user fees, loan programs, or the 

rights and obligations of their recipients. 

These regulations deal only with 

procedures governing appeals, not with 

entitlements, grants, user fees, loan 

programs, or the rights and obligations 

of their recipients. 

4. This rule does not raise novel legal 

or policy issues. The regulations would 

merely revise existing procedures and 

add regulations governing consolidation 

of appeals, requests for extensions of 

time, motions, and intervention, which 

are all familiar administrative 

procedures. 

C. Regulatory Flexibility Act. The 

Department of the Interior certifies that 

this rule will not have a significant 

economic effect on a substantial number 

of small entities as defined in the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Over the past 5 years, IBLA has 

received between 285 and 335 appeals 

per year, and appeals this year are 

running at an even lower rate. Not all 

appellants are small entities; but even if 

they were, 285–335 is not a substantial 

number, for purposes of the Act. 

Moreover, the minor procedural changes 

in this rule will not have a significant 

economic effect on those appellants 

who are small entities. A Small Entity 

Compliance Guide is not required. 

D. Small Business Regulatory 

Enforcement Fairness Act. This rule is 

not a major rule under 5 U.S.C. 804(2), 

the Small Business Regulatory 

Enforcement Fairness Act: 

1. It will not have an annual effect on 

the economy of $100 million or more. 

The rule only revises procedural 

regulations governing appeals and adds 

regulations governing consolidation of 

appeals, requests for extensions of time, 

motions, and intervention. The rule 

should have no effect on the economy. 

2. It will not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. Revising OHA’s 

procedural regulations governing 

appeals and adding regulations 

governing consolidation of appeals, 

requests for extensions of time, motions, 

and intervention will not affect costs or 

prices for citizens, individual 

industries, government agencies, or 

geographic regions. 

3. It will 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. 

Revising OHA’s procedural regulations 

governing appeals and adding 

regulations governing consolidation of 

appeals, requests for extensions of time, 

motions, and intervention should have 

no effects, adverse or beneficial, on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

E. Unfunded Mandates Reform Act. In 

accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), we find that: 

1. This rule will not have a significant 

or unique effect on small governments 

or significantly affect State, local, or 

tribal governments or the private sector. 

Revising OHA’s procedural regulations 

governing appeals and adding 

regulations governing consolidation of 

appeals, requests for extensions of time, 

motions, and intervention will neither 

uniquely nor significantly affect these 

governments. 

2. This rule will not produce an 

unfunded Federal mandate of $100 

million or more on State, local, or tribal 

governments in the aggregate or the 

private sector in any year, i.e., it is not 

a ‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act, 2 U.S.C. 1532, is not 

required. 

F. Takings (E.O. 12630). In 

accordance with Executive Order 12630, 

we find that the rule will not have 

significant takings implications. A 

takings implication assessment is not 

required. Revising OHA’s procedural 

regulations governing appeals and 

adding regulations governing 

consolidation of appeals, requests for 

extensions of time, motions, and 

intervention should have no effect on 

property rights. 

G. Federalism (E.O. 13132). In 

accordance with Executive Order 13132, 

we find that the rule does not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. There is no foreseeable 

effect on states from revising OHA’s 

procedural regulations governing 

appeals and adding regulations 

governing consolidation of appeals, 

requests for extensions of time, motions, 

and intervention. A federalism summary 

impact statement is not required. 

H. Civil Justice Reform (E.O. 12988). 

In accordance with Executive Order 

12988, the Department has determined 

that this rule will not unduly burden the 

judicial system and meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. Because these regulations 

will improve OHA’s procedural 

regulations governing appeals and add 

regulations governing consolidation of 

appeals, requests for extensions of time, 

motions, and intervention, they will not 

burden either administrative or judicial 

tribunals. 

I. Consultation with Indian Tribes 

(E.O. 13175). Under the criteria in 

Executive Order 13175, we have 

evaluated this rule and determined that 

it has no potential effects on federally 

recognized Indian tribes. These 

regulations would not have substantial 

direct effects on one or more Indian 

tribes, on the relationship between the 

Federal government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64663 

government and Indian tribes. They 

would only revise OHA’s procedural 

regulations governing appeals and add 

regulations governing consolidation of 

appeals, requests for extensions of time, 

motions, and intervention. 

J. Paperwork Reduction Act. This rule 

is exempt from the requirements of the 

Paperwork Reduction Act, since it 

applies to the conduct of agency 

administrative proceedings involving 

specific individuals and entities. 44 

U.S.C. 3518(c); 5 CFR 1320.4(a)(2). An 

OMB form 83–I is not required. 

K. National Environmental Policy Act. 

The Department has determined that 

this rule is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (NEPA), 42 U.S.C. 4321 et seq., 

Council on Environmental Quality 

(CEQ) regulations, 40 CFR 1508.4, and 

the Department of the Interior’s 

regulations at 43 CFR 46.210(i). CEQ 

regulations, at 40 CFR 1508.4, define a 

‘‘categorical exclusion’’ as a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. The 

regulations further direct each 

department to adopt NEPA procedures, 

including categorical exclusions. 40 

CFR 1507.3. 

The Department has determined that 

this rule is categorically excluded from 

further environmental analysis under 

NEPA in accordance with 43 CFR 

46.210(i), which categorically excludes 

‘‘[p]olicies, directives, regulations and 

guidelines: that are of an administrative, 

financial, legal, technical, or procedural 

nature * * *’’ In addition, the 

Department has determined that none of 

the extraordinary circumstances listed 

in 43 CFR 46.215 applies to this rule. 

The rule is an administrative and 

procedural rule that revises OHA’s 

procedural regulations governing 

appeals and adds regulations governing 

consolidation of appeals, requests for 

extensions of time, motions, and 

intervention. Therefore, given the 

categorical exclusion, neither an 

environmental assessment nor an 

environmental impact statement under 

NEPA is required. 

L. Information Quality Act. In 

developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Information Quality Act, Pub. Law 106– 

554. 

M. Effects on the Energy Supply (E.O. 

13211). This rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. Revising 

OHA’s procedural regulations governing 

appeals and adding regulations 

governing consolidation of appeals, 

requests for extensions of time, motions, 

and intervention are not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

List of Subjects 

30 CFR Part 301 

Administrative practice and 

procedure, Mines, Surface mining. 

43 CFR Part 4 

Administrative practice and 

procedure, Mines, Public lands, Surface 

mining. 

43 CFR Part 10 

Administrative practice and 

procedure, Hawaiian Natives, Historic 

preservation, Indians—Claims, 

Museums, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, the Office of the Secretary 

amends 30 CFR Chapter III and 43 CFR 

parts 4 and 10 as set forth below: 

Title 30—Mineral Resources 

Chapter III—[REMOVED] 

■ Under the authority of 30 U.S.C. 1211, 

30 CFR Chapter III, consisting of part 

301, is removed. 

Title 43—Public Lands: Interior 

43 CFR Subtitle A—Office of the 

Secretary of the Interior 

PART 4—DEPARTMENT HEARINGS 

AND APPEALS PROCEDURES 

■ 2. The authority citation for part 4 

continues to read as follows: 

Authority: 5 U.S.C. 301; 43 U.S.C. 1201. 

Subpart A—General; Office of 

Hearings and Appeals 

■ 3. In § 4.1, revise the introductory text 

and paragraph (a), remove paragraph 

(b)(1), redesignate paragraphs (b)(2) 

through (b)(4) as paragraphs (b)(1) 

through (b)(3), and revise the first 

sentence of newly redesignated 

paragraph (b)(1)(ii) to read as follows: 

§ 4.1 Scope of authority; applicable 

regulations. 

The Office of Hearings and Appeals, 

headed by a Director, is an authorized 

representative of the Secretary for the 

purpose of hearing, considering, and 

deciding matters within the jurisdiction 

of the Department involving hearings, 

appeals, and other review functions of 

the Secretary. The Office may hear, 

consider, and decide those matters as 

fully and finally as might the Secretary, 

subject to any limitations on its 

authority imposed by the Secretary. 

Principal components of the Office 

include: 

(a) One or more Hearings Divisions 

consisting of administrative law judges 

who are authorized to conduct hearings 

in cases required by law to be 

conducted under 5 U.S.C. 554, and 

other deciding officials who are 

authorized to conduct hearings in cases 

arising under statutes and regulations of 

the Department; and 

(b) * * * 

(1) * * * 

(ii) Decisions and orders of 

administrative law judges and Indian 

probate judges in Indian probate 

matters, other than those involving 

estates of the Five Civilized Tribes of 

Indians. * * * 

* * * * * 

§ 4.21 [Amended] 

■ 4. In § 4.21, amend paragraph (b)(3) by 

adding the word ‘‘and’’ after the 

semicolon at the end of the paragraph 

and amend paragraph (b)(4) by 

removing the semicolon at the end of 

the paragraph and adding a period in its 

place. 

Subpart B—General Rules Relating to 

Practice and Procedure 

■ 5. Revise § 4.22(a) to read as follows: 

§ 4.22 Documents. 

(a) Filing of documents. A document 

is filed in the office where the filing is 

required only when the document is 

received in that office during its regular 

business hours and by a person 

authorized to receive it. A document 

received after the office’s regular 

business hours is considered filed on 

the next business day. 

* * * * * 

Subpart C—[Removed and Reserved] 

■ 6. Subpart C, consisting of §§ 4.100 

through 4.128 and Appendix I, is 

removed and reserved. 

Subpart E—Special Rules Applicable 

to Public Land Hearings and Appeals 

■ 7. Revise the authority citation for part 

4, subpart E, to read as follows: 

Authority: Sections 4.470 to 4.480 are also 

issued under authority of 43 U.S.C. 315a. 

■ 8. Revise § 4.400 to read as follows: 

§ 4.400 Definitions. 

As used in this subpart: 

Administrative law judge means an 

administrative law judge in the Office of 

Hearings and Appeals, appointed under 

5 U.S.C. 3105. 

BIA means the Bureau of Indian 

Affairs. 


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BLM means the Bureau of Land 

Management. 

Board means the Interior Board of 

Land Appeals in the Office of Hearings 

and Appeals. The address of the Board 

is 801 N. Quincy Street, Suite 300, 

Arlington, Virginia 22203. The 

telephone number is 703–235–3750, and 

the facsimile number is 703–235–8349. 

BOEMRE means the Bureau of Ocean 

Energy Management, Regulation and 

Enforcement. 

Bureau or Office means BIA, BLM, 

BOEMRE, ONRR, the Deputy Assistant 

Secretary—Natural Resources Revenue, 

or any successor organization, as 

appropriate. 

Last address of record means the 

address in a person’s most recent filing 

in an appeal or, if there has not been 

any filing, the person’s address as 

provided in the Bureau decision under 

appeal. 

ONRR means the Office of Natural 

Resources Revenue. 

Office or officer includes 

‘‘administrative law judge’’ or ‘‘Board’’ 

where the context so requires. 

Party includes a party’s 

representative(s) where the context so 

requires. 

Secretary means the Secretary of the 

Interior or an authorized representative. 

■ 9. In § 4.401, revise paragraph (c) and 

add paragraph (d) to read as follows: 

§ 4.401 Documents. 

* * * * * 

(c) Service of documents. (1) A party 

that files any document under this 

subpart must serve a copy of it 

concurrently as follows: 

(i) On the appropriate official of the 

Office of the Solicitor under § 4.413(c) 

and (d); 

(ii) For a notice of appeal and 

statement of reasons, on each person 

named in the decision under appeal; 

and 

(iii) For all other documents, on each 

party to the appeal (including 

intervenors). 

(2) Service on a person or party 

known to be represented by counsel or 

other designated representative must be 

made on the representative. 

(3) Service must be made at the last 

address of record of the person or party 

(if unrepresented) or the representative, 

unless the person, party, or 

representative has notified the serving 

party of a subsequent change of address. 

(4) Service may be made as shown in 

the following table: 

If the document is * * * Service may be made by * * * 

(i) A notice of appeal ............................ (A) Personal delivery; 

(B) Registered or certified mail, return receipt requested; 

(C) Delivery service, delivery receipt requested, if the last address of record is not a post office box; or 

(D) Electronic means, such as electronic mail or facsimile, if the person to be served has previously 

consented to that means in writing. 

(ii) Not a notice of appeal ..................... (A) Personal delivery; 

(B) Mail; 

(C) Delivery service, if the last address of record is not a post office box; or 

(D) Electronic means, such as electronic mail or facsimile, if the person to be served has previously 

consented to that means in writing. 

(5) At the conclusion of any document 

that a party must serve under the 

regulations in this subpart, the party 

must sign a written statement that: 

(i) Certifies that service has been or 

will be made in accordance with the 

applicable rules; and 

(ii) Specifies the date and manner of 

service. 

(6) Service that complies with 

paragraphs (c)(2) through (4) of this 

section is complete as shown in the 

following table: 

If service is made by * * * Service is complete when the document is * * * 

(i) Personal delivery ............................. Delivered to the party. 

(ii) Mail or delivery service ................... Delivered to the party. 

(iii) Electronic means ............................ Transmitted to the party, unless the serving party learns that it did not reach the party to be served. 

(7) In the absence of evidence to the 

contrary, delivery under paragraph 

(c)(6)(ii) of this section is deemed to 

take place 5 business days after the 

document was sent. A document is 

considered sent when it is given to the 

U.S. Postal Service (or deposited in one 

of its mailboxes), properly addressed 

and with proper postage affixed, or 

when it is given to a delivery service (or 

deposited in one of its receptacles), 

properly addressed and with the 

delivery cost prepaid. 

(d) Document format. (1) The format 

requirements in paragraph (d)(2) of this 

section apply to any pleading, motion, 

brief, or other document filed in a case 

under this subpart, other than an exhibit 

or attachment or the administrative 

record. 

(i) An exhibit or attachment must be 

81⁄2 by 11 inches in size or, if larger, 

folded to 81⁄2 by 11 inches and attached 

to the document. 

(ii) Any document that does not 

comply with the requirements in this 

paragraph (d) may be rejected. 

(2) A document filed in a case must: 

(i) Be 81⁄2 by 11 inches in size; 

(ii) Be printed on just one side of the 

page; 

(iii) Be clearly typewritten, printed, or 

otherwise reproduced by a process that 

yields legible and permanent copies; 

(iv) Use 11 point font size or larger; 

(v) Be double-spaced except for the 

case caption, argument headings, long 

quotations, and footnotes, which may be 

single-spaced; 

(vi) Have margins of at least 1 inch; 

(vii) Be numbered sequentially, 

starting on the second page; and 

(vii) Be stapled in the upper left-hand 

corner, if stapled, or bound on the left 

side, if bound. 

■ 10. Revise § 4.403 to read as follows: 

§ 4.403 Finality of decision; 

reconsideration. 

(a) The Board’s decision is final 

agency action and is effective on the 

date it is issued, unless the decision 

itself provides otherwise. 

(b) The Board may reconsider its 

decision in extraordinary 

circumstances. 


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(1) A party that wishes to request 

reconsideration of a Board decision 

must file a motion for reconsideration 

with the Board within 60 days after the 

date of the decision. 

(2) The motion may include a request 

that the Board stay the effectiveness of 

its decision. 

(3) Any other party to the original 

appeal may file a response to a motion 

for reconsideration with the Board 

within 21 days after service of the 

motion, unless the Board orders 

otherwise. 

(4) A motion for reconsideration will 

not stay the effectiveness or affect the 

finality of the Board’s decision unless so 

ordered by the Board for good cause. 

(5) A party does not need to file a 

motion for reconsideration in order to 

exhaust its administrative remedies. 

(c) A motion for reconsideration must: 

(1) Specifically describe the 

extraordinary circumstances that 

warrant reconsideration; and 

(2) Include all arguments and 

supporting documents. 

(d) Extraordinary circumstances that 

may warrant granting reconsideration 

include, but are not limited to: 

(1) Error in the Board’s interpretation 

of material facts; 

(2) Recent judicial development; 

(3) Change in Departmental policy; or 

(4) Evidence that was not before the 

Board at the time the Board’s decision 

was issued and that demonstrates error 

in the decision. 

(e) If the motion cites extraordinary 

circumstances under paragraph (d)(4) of 

this section, it must explain why the 

evidence was not provided to the Board 

during the course of the original appeal. 

(f) The Board will not grant a motion 

for reconsideration that: 

(1) Merely repeats arguments made in 

the original appeal, except in cases of 

demonstrable error; or 

(2) Seeks relief from the legally 

binding consequences of a statute or 

regulation. 

■ 11. Add §§ 4.404 through 4.407 to 

read as follows: 

§ 4.404 Consolidation. 

If the facts or legal issues in two or 

more appeals pending before the Board 

are the same or similar, the Board may 

consolidate the appeals, either on 

motion by a party or at the initiative of 

the Board. 

§ 4.405 Extensions of time. 

(a) If a document other than a notice 

of appeal is required to be filed or 

served within a definite time, a party 

may seek additional time by filing with 

the Board a motion requesting an 

extension of time. 

(b) A motion requesting an extension 

must be filed no later than the day 

before the date the document is due, 

absent compelling circumstances. The 

motion may be filed and served by 

facsimile. Section 4.401(a) does not 

apply to a motion requesting an 

extension of time. 

(c) Except as provided in paragraph (f) 

of this section, before filing a motion 

requesting an extension of time, the 

moving party must make reasonable 

efforts to contact each other party to 

determine whether the party opposes 

the motion. The moving party must state 

in its motion: 

(1) Whether any party it reached 

opposes the motion; and 

(2) What steps it took to contact any 

party it was unable to reach. 

(d) Except as provided in paragraph 

(f) of this section, the party must 

support its motion requesting an 

extension of time by showing there is 

good cause to grant it. 

(e) A Board order granting or denying 

a motion requesting an extension will 

state when the document must be filed. 

Except as provided in paragraph (f) of 

this section, if the Board does not act on 

a motion before the document is due, 

the document must be filed no later 

than 15 days after the original due date, 

unless the Board orders otherwise. 

(f) A party seeking additional time to 

file an answer may have one automatic 

extension, not to exceed 30 days, of the 

deadline in § 4.414(a) by filing a motion 

for such extension under paragraphs (a) 

and (b) of this section. 

§ 4.406 Intervention; amicus curiae. 

(a) A person who wishes to intervene 

in an appeal must file a motion to 

intervene within 30 days after the 

person knew or should have known that 

the decision had been appealed to the 

Board. 

(b) A motion to intervene must set 

forth the basis for the proposed 

intervention, including: 

(1) Whether the person had a right to 

appeal the decision under § 4.410 or 

would be adversely affected if the Board 

reversed, vacated, set aside, or modified 

the decision; and 

(2) How and when the person learned 

of the appeal. 

(c) The Board may: 

(1) Grant the motion to intervene; 

(2) Deny the motion to intervene for 

good cause, e.g., where granting it 

would disadvantage the rights of the 

existing parties or unduly delay 

adjudication of the appeal; or 

(3) Grant the motion to intervene but 

limit the person’s participation in the 

appeal. 

(d) A person may file a motion at any 

time to file a brief as an amicus curiae. 

(1) The motion must state the person’s 

interest in the appeal and how its brief 

will be relevant to the issues involved. 

(2) The Board may grant or deny the 

motion in its discretion. The Board may 

also allow a person to file a brief as 

amicus curiae if it denies the person’s 

motion to intervene. 

(e) A person granted full or limited 

intervenor status is a party to the 

appeal, while an amicus curiae is not. 

A person granted amicus curiae status 

must serve its brief on the parties to the 

appeal. 

§ 4.407 Motions. 

(a) Any motion filed with the Board 

must provide a concise statement of the 

reasons supporting the motion. 

(b) When a person or party files a 

motion, other than a motion for an 

extension of time under § 4.405, any 

party has 15 days after service of the 

motion to file a written response, unless 

a provision of this subpart or the Board 

by order provides otherwise. 

(c) The Board will rule on any motion 

as expeditiously as possible. 

(d) The requirements of § 4.401(d) 

apply to a motion. 

■ 12. In § 4.410, revise paragraphs (a) 

introductory text and (c) introductory 

text to read as follows: 

§ 4.410 Who may appeal. 

(a) Any party to a case who is 

adversely affected by a decision of the 

Bureau or Office or an administrative 

law judge has the right to appeal to the 

Board, except: 

* * * * * 

(c) Where the Bureau or Office 

provided an opportunity for 

participation in its decisionmaking 

process, a party to the case, as set forth 

in paragraph (a) of this section, may 

raise on appeal only those issues: 

* * * * * 

■ 13. In § 4.411, revise paragraphs (a) 

and (b) and add paragraph (d) to read as 

follows: 

§ 4.411 Appeal; how taken, mandatory 

time limit. 

(a) A person who wishes to appeal to 

the Board must file a notice that the 

person wishes to appeal. 

(1) The notice of appeal must be filed 

in the office of the officer who made the 

decision (not the Board). 

(2) Except as otherwise provided by 

law: 

(i) A person served with the decision 

being appealed must transmit the notice 

of appeal in time for it to be received in 

the appropriate office no later than 30 

days after the date of service of the 

decision; and 


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(ii) If a decision is published in the 

Federal Register, a person not served 

with the decision must transmit the 

notice of appeal in time for it to be 

received in the appropriate office no 

later than 30 days after the date of 

publication. 

(b) The notice of appeal must give the 

serial number or other identification of 

the case. The notice of appeal may 

include a statement of reasons for the 

appeal, and a statement of standing if 

required by § 4.412(b). 

* * * * * 

(d) After receiving a timely notice of 

appeal, the office of the officer who 

made the decision must promptly 

forward to the Board: 

(1) The notice of appeal; 

(2) Any statement of reasons, 

statement of standing, and other 

documents included with the notice of 

appeal; and 

(3) The complete administrative 

record compiled during the officer’s 

consideration of the matter leading to 

the decision being appealed. 

■ 14. In § 4.412, revise the section 

heading and paragraph (a) and add 

paragraphs (d) and (e) to read as follows: 

§ 4.412 Statement of reasons; statement of 

standing; reply briefs. 

(a) An appellant must file a statement 

of reasons for appeal with the Board no 

later than 30 days after the notice of 

appeal was filed. Unless the Board 

orders otherwise upon motion for good 

cause shown, the text of a statement of 

reasons may not exceed 30 pages, 

excluding exhibits, declarations, or 

other attachments. 

* * * * * 

(d) The filing of a reply brief is 

discouraged. However, an appellant 

who wishes to file a reply brief may do 

so within 15 days after service of an 

answer under § 4.414. 

(1) The reply brief is limited to the 

issues raised in the answer. 

(2) Unless the Board orders otherwise 

upon motion for good cause shown, the 

text of a reply brief may not exceed 20 

pages, excluding exhibits, declarations, 

or other attachments. 

(e) The requirements of § 4.401(d) 

apply to a statement of reasons and a 

reply brief. 

■ 15. Revise §§ 4.413 through 4.415 to 

read as follows: 

§ 4.413 Service of notice of appeal. 

(a) The appellant must serve a copy of 

the notice of appeal on each person 

named in the decision from which the 

appeal is taken and on the Office of the 

Solicitor as identified in paragraphs (c) 

and (d) of this section. Service must be 

accomplished and certified as 

prescribed in § 4.401(c). 

(b) Failure to serve a notice of appeal 

will subject the appeal to summary 

dismissal as provided in § 4.402. 

(c) The appellant must serve a copy of 

the notice of appeal on the Office of the 

Solicitor as shown in the following 

table. 

If the appeal is taken from a decision of * * * Then the appellant must serve the notice on * * * 

(1) ONRR, the Deputy Assistant Secretary— 

Natural Resources Revenue, or BIA concerning royalties.

Regional Solicitor, Rocky Mountain Region, U.S. Department of the Interior, 755 Parfet Street, 

Suite 151, Lakewood, CO 80215. 

(2) BOEMRE ....................................................... Associate Solicitor, Division of Mineral Resources, U.S. Department of the Interior, Washington, DC 20240. 

(3) The Director, BLM ......................................... (i) If the decision concerns use and disposition of public lands, including land selections under 

the Alaska Native Claims Settlement Act, as amended: Associate Solicitor, Division of Land 

and Water Resources, U.S. Department of the Interior, Washington, DC 20240; or 

(ii) If the decision concerns use and disposition of mineral resources: Associate Solicitor, Division of Mineral Resources, U.S. Department of the Interior, Washington, DC 20240. 

(4) A BLM State Office (including all District, 

Field, and Area Offices within that State Office’s jurisdiction).

The appropriate office identified in paragraph (d) of this section. 

(5) An Administrative Law Judge ....................... The persons identified in paragraph (e) of this section. 

(d) This paragraph applies to any 

appeal taken from a decision of a BLM 

State Office, including all District, Field, 

and Area Offices within that State 

Office’s jurisdiction. The appellant must 

serve documents on the Office of the 

Solicitor in accordance with the 

following table, unless the decision 

identifies a different official: 

BLM state office Mailing address 

(1) Alaska ............................................................ Regional Solicitor, Alaska Region, U.S. Department of the Interior, 4230 University Drive, Suite 

300, Anchorage, AK 99508–4626. 

(2) Arizona .......................................................... Field Solicitor, U.S. Department of the Interior, U.S. Courthouse, Suite 404, 401 W. Washington St. SPC 44, Phoenix, AZ 85003. 

(3) California ....................................................... Regional Solicitor, Pacific Southwest Region, U.S. Department of the Interior, 2800 Cottage 

Way, Room E–1712, Sacramento, CA 95825–1890. 

(4) Colorado ........................................................ Regional Solicitor, Rocky Mountain Region, U.S. Department of the Interior, 755 Parfet Street, 

Suite 151, Lakewood, CO 80215. 

(5) Eastern States ............................................... (i) For decisions involving Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, 

Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, or Wisconsin: Regional Solicitor, 

Northeast Region, U.S. Department of the Interior, One Gateway Center, Suite 612, Newton, 

MA 02458. 

(ii) For decisions involving Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, or Tennessee: Regional Solicitor, Southeast Region, U.S. Department of the Interior, 75 Spring Street, SW., Suite 304, Atlanta, 

Georgia 30303. 

(6) Idaho ............................................................. Field Solicitor, U.S. Department of the Interior, University Plaza, 960 Broadway Avenue, Suite 

400, Boise, ID 83706. 


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BLM state office Mailing address 

(7) Montana (covers the states of Montana, 

North Dakota, and South Dakota).

(i) Deliveries by U.S. Mail: Field Solicitor, U.S. Department of the Interior, P.O. Box 31394, Billings, MT 59107–1394. 

(ii) All other deliveries: Field Solicitor, U.S. Department of the Interior, 316 North 26th Street, 

Room 3005, Billings, MT 59101. 

(8) Nevada .......................................................... Regional Solicitor, Pacific Southwest Region, U.S. Department of the Interior, 2800 Cottage 

Way, Room E–1712, Sacramento, CA 95825–1890. 

(9) New Mexico (covers the states of New Mexico, Kansas, Oklahoma, and Texas).Regional Solicitor, Southwest Region, U.S. Department of the Interior, 505 Marquette Ave., 

NW., Suite 1800, Albuquerque, NM 87102. 

(10) Oregon (covers the states of Oregon and 

Washington).

Regional Solicitor, Pacific Northwest Region, U.S. Department of the Interior, 805 SW. Broadway, Suite 600, Portland, OR 97205. 

(11) Utah ............................................................. Regional Solicitor, Intermountain Region, U.S. Department of the Interior, 6201 Federal Building, 125 South State Street, Salt Lake City, UT 84138–1180. 

(12) Wyoming (covers the states of Wyoming 

and Nebraska).

Regional Solicitor, Rocky Mountain Region, U.S. Department of the Interior, 755 Parfet Street, 

Suite 151, Lakewood, CO 80215. 

(e) This paragraph applies to any 

appeal taken from a decision of an 

administrative law judge. 

(1) Except as provided in paragraph 

(e)(2) of this section, the appellant must 

serve either: 

(i) The attorney from the Office of the 

Solicitor who represented the Bureau or 

Office at the hearing; or 

(ii) If there was no hearing, the 

attorney who was served with a copy of 

the decision by the administrative law 

judge. 

(2) If the decision involved a mining 

claim on national forest land, the 

appellant must serve either: 

(i) The attorney from the Office of 

General Counsel, U.S. Department of 

Agriculture, who represented the U.S. 

Forest Service at the hearing; or 

(ii) If there was no hearing, the 

attorney who was served with a copy of 

the decision by the administrative law 

judge. 

(f) Parties must serve the Office of the 

Solicitor as required by this section 

until a particular attorney of the Office 

of the Solicitor files and serves a Notice 

of Appearance or Substitution of 

Counsel. Thereafter, parties must serve 

the Office of the Solicitor as indicated 

by the Notice of Appearance or 

Substitution of Counsel. 

(g) The appellant must certify service 

as provided in § 4.401(c)(5). 

§ 4.414 Answers. 

(a) Any person served with a notice of 

appeal who wishes to participate in the 

appeal must file an answer or 

appropriate motion with the Board 

within 30 days after service of the 

statement of reasons for appeal. The 

answer must respond to the statement of 

reasons for appeal. 

(b) Unless the Board orders otherwise 

upon motion for good cause shown: 

(1) The text of the answer or motion 

may not exceed 30 pages, excluding 

exhibits, declarations, or other 

attachments; and 

(2) The party may not file any further 

pleading. 

(c) Failure to file an answer or motion 

will not result in a default. If an answer 

or motion is filed or served after the 

time required, the Board may disregard 

it in deciding the appeal, unless the 

delay in filing is waived as provided in 

§ 4.401(a). 

(d) The requirements of § 4.401(d) 

apply to an answer or motion. 

§ 4.415 Motion for a hearing on an appeal 

involving questions of fact. 

(a) Any party may file a motion that 

the Board refer a case to an 

administrative law judge for a hearing. 

The motion must state: 

(1) What specific issues of material 

fact require a hearing; 

(2) What evidence concerning these 

issues must be presented by oral 

testimony, or be subject to crossexamination; 

(3) What witnesses need to be 

examined; and 

(4) What documentary evidence 

requires explanation, if any. 

(b) In response to a motion under 

paragraph (a) of this section or on its 

own initiative, the Board may order a 

hearing if there are: 

(1) Any issues of material fact which, 

if proved, would alter the disposition of 

the appeal; or 

(2) Significant factual or legal issues 

remaining to be decided, and the record 

without a hearing would be insufficient 

for resolving them. 

(c) If the Board orders a hearing, it 

must: 

(1) Specify the issues of fact upon 

which the hearing is to be held; and 

(2) Request the administrative law 

judge to issue: 

(i) Proposed findings of fact on the 

issues presented at the hearing; 

(ii) A recommended decision that 

includes findings of fact and 

conclusions of law; or 

(iii) A decision that will be final for 

the Department unless a notice of 

appeal is filed in accordance with 

§ 4.411. 

(d) If the Board orders a hearing, it 

may do one or more of the following: 

(1) Suspend the effectiveness of the 

decision under review pending a final 

Departmental decision on the appeal if 

it finds good cause to do so; 

(2) Authorize the administrative law 

judge to specify additional issues; or 

(3) Authorize the parties to agree to 

additional issues that are material, with 

the approval of the administrative law 

judge. 

(e) The hearing will be conducted 

under §§ 4.430 to 4.438 and the general 

rules in subpart B of this part. Unless 

the Board orders otherwise, the 

administrative law judge may consider 

other relevant issues and evidence 

identified after referral of the case for a 

hearing. 

■ 16. Revise § 4.421 to read as follows: 

§ 4.421 Definitions. 

In addition to the definitions in 

§ 4.400, as used in this subpart: 

Director means the Director of BLM or 

a BLM Deputy Director or Assistant 

Director. 

Manager means the BLM official with 

direct jurisdiction over the public lands 

that are pertinent to the decision or 

contest. 

Person named in the decision means 

any of the following persons identified 

in a final BLM grazing decision: An 

affected applicant, permittee, lessee, or 

agent or lienholder of record, or an 

interested public as defined in § 4100.0– 

5 of this title. 

State Director means the supervising 

BLM officer for the State in which a 

particular range lies, or an authorized 

representative. 

■ 17. In § 4.422, revise paragraphs (c) 

and (d) to read as follows: 

§ 4.422 Documents. 

* * * * * 


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64668 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

(c) Service of documents. (1) A party 

that files any document under this 

subpart must serve a copy of it 

concurrently as follows: 

(i) On the appropriate official of the 

Office of the Solicitor under § 4.413(c) 

and (d); 

(ii) For a notice of appeal and 

statement of reasons, on each person 

named in the decision under appeal; 

and 

(iii) For all other documents, on each 

party to the appeal. 

(2) Service on a party known to be 

represented by counsel or other 

designated representative must be made 

on the representative. 

(3) Service must be made at the last 

address of record of the party (if 

unrepresented) or the representative, 

unless the party or representative has 

notified the serving party of a 

subsequent change of address. 

(4) Service may be made as shown in 

the following table: 

If the document is * * * Service may be made by * * * 

(i) An appeal under § 4.470 ................................ (A) Personal delivery; 

(B) Registered or certified mail, return receipt requested; 

(C) Delivery service, delivery receipt requested, if the last address of record is not a post office 

box; or 

(D) Electronic means, such as electronic mail or facsimile, if the person to be served has previously consented to that means of service in writing. 

(ii) A complaint under § 4.450–4 or 4.451–2 ...... (A) Any of the methods specified in paragraph (c)(4)(i) of this paragraph; or 

(B) Publication as specified in § 4.450–5. 

(iii) Neither an appeal nor a complaint ............... (A) Personal delivery; 

(B) Mail; 

(C) Delivery service, if the last address of record is not a post office box; or 

(D) Electronic means, such as electronic mail or facsimile, if the person to be served has consented to that means in writing. 

(5) At the conclusion of any document 

that a party must serve under the 

regulations in this subpart, the party 

must sign a written statement that: 

(i) Certifies that service has been or 

will be made in accordance with the 

applicable rules; and 

(ii) Specifies the date and manner of 

service. 

(6) Service that complies with 

paragraphs (c)(2) through (4) of this 

section is complete as shown in the 

following table: 

If service is made by * * * Service is complete when * * * 

(i) Personal delivery ............................................ The document is delivered to the party. 

(ii) Mail or delivery service .................................. The document is delivered to the party. 

(iii) Electronic means .......................................... The document is transmitted to the party, unless the serving party learns that it did not reach 

the party to be served. 

(iv) Publication .................................................... The final notice is published under § 4.450–5(b)(3). 

(7) In the absence of evidence to the 

contrary, delivery under paragraph 

(c)(6)(ii) of this section is deemed to 

take place 5 business days after the 

document was sent. 

(d) The manager or administrative law 

judge, as the case may be, may extend 

the time for filing or serving any 

document in a contest, other than a 

notice of appeal under § 4.452–9. 

§§ 4.430 through 4.432 [Amended] 

■ 18. In §§ 4.430 through 4.432 and 

4.436, remove the reference ‘‘Bureau’’ 

and add in its place the reference 

‘‘Bureau or Office’’ wherever it appears. 

■ 19. Revise §§ 4.433 and 4.434 to read 

as follows: 

§ 4.433 Authority of the administrative law 

judge. 

(a) The administrative law judge has 

general authority to conduct the hearing 

in an orderly and judicial manner, 

including authority to: 

(1) Administer oaths; 

(2) Call and question witnesses; 

(3) Subpoena witnesses as specified in 

paragraph (b) of this section; 

(4) Issue findings and decisions as 

specified in paragraph (c) of this 

section; and 

(5) Take any other actions that the 

Board may prescribe in referring the 

case for hearing. 

(b) The administrative law judge has 

authority to subpoena witnesses and to 

take and cause depositions to be taken 

for the purpose of taking testimony but 

not for discovery. This authority must 

be exercised in accordance with the Act 

of January 31, 1903 (32 Stat. 790; 43 

U.S.C. 102 through 106). 

(c) The administrative law judge has 

authority to issue any of the following, 

as specified by the Board under 

§ 4.415(c)(2): 

(1) Proposed findings of fact on the 

issues presented at the hearing; 

(2) A recommended decision that 

includes findings of fact and 

conclusions of law; or 

(3) A decision that will be final for the 

Department unless a notice of appeal is 

filed in accordance with § 4.411 within 

30 days of receipt of the decision. 

(d) The issuance of subpoenas, the 

attendance of witnesses, and the taking 

of depositions are governed by §§ 4.423 

and 4.26. 

§ 4.434 Conduct of hearing. 

(a) The administrative law judge may 

seek to obtain stipulations as to material 

facts. 

(b) Unless the administrative law 

judge directs otherwise: 

(1) The appellant will first present its 

evidence on the facts at issue; and 

(2) The other parties and the Bureau 

or Office will then present their 

evidence on such issues. 

§ 4.436 [Amended] 

■ 20. In § 4.436, remove the reference 

‘‘Bureau’’ and add in its place the 

reference ‘‘Bureau or Office’’ wherever it 

appears. 

■ 21. Revise § 4.437 to read as follows: 

§ 4.437 Copies of transcript. 

Each party must pay for any copies of 

the transcript that the party requests. 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64669 

The Bureau or Office will file the 

original transcript with the case record. 

§ 4.438 [Removed] 

■ 22. Remove § 4.438. 

§ 4.439 [Redesignated as § 4.438] 

■ 23. Redesignate § 4.439 as § 4.438 and 

revise it to read as follows: 

§ 4.438 Action by administrative law judge. 

(a) Upon completion of the hearing 

and the incorporation of the transcript 

in the record, the administrative law 

judge will issue and serve on the 

parties, as specified by the Board under 

§ 4.415(c)(2): 

(1) Proposed findings of fact on the 

issues presented at the hearing; 

(2) A recommended decision that 

includes findings of fact and 

conclusions of law and that advises the 

parties of their right to file exceptions 

under paragraph (c) of this section; or 

(3) A decision that will be final for the 

Department unless a notice of appeal is 

filed in accordance with § 4.411. 

(b) The administrative law judge will 

promptly send to the Board the record 

and: 

(1) The proposed findings; 

(2) The recommended decision; or 

(3) The final decision if a timely 

notice of appeal is filed. 

(c) The parties will have 30 days from 

service of proposed findings or a 

recommended decision to file 

exceptions with the Board. 

■ 24. In § 4.452–8, revise the section 

heading and remove paragraph (c). 

The revision reads as follows: 

§ 4.452–8 Findings and conclusions; 

decision by administrative law judge. 

* * * * * 

■ 25. Revise § 4.476(d) to read as 

follows: 

§ 4.476 Conduct of hearings; reporter’s 

fees; transcript. 

* * * * * 

(d) The reporter’s fees will be borne 

by the Government. Each party must 

pay for any copies of the transcript that 

the party requests. The Government will 

file the original transcript with the case 

record. 

■ 26. Revise § 4.477 to read as follows: 

§ 4.477 Findings and conclusions; 

decision by administrative law judge. 

As promptly as possible after the time 

allowed for presenting proposed 

findings and conclusions, the 

administrative law judge will make 

findings of fact and conclusions of law, 

unless waiver has been stipulated, and 

will render a decision upon all issues of 

material fact and law presented on the 

record. In doing so, he or she may adopt 

the findings of fact and conclusions of 

law proposed by one or more of the 

parties if they are correct. The reasons 

for the findings, conclusions, and 

decision made will be stated, and along 

with the findings, conclusions, and 

decision, will become a part of the 

record in any further appeal. A copy of 

the decision must be sent by certified 

mail to all the parties. 

■ 27. Revise § 4.478(a) to read as 

follows: 

§ 4.478 Appeals to the Board of Land 

Appeals; judicial review. 

(a) Any person who has a right of 

appeal under § 4.410 or other applicable 

regulation may appeal to the Board from 

an order of an administrative law judge 

granting or denying a petition for a stay 

in accordance with § 4.411. 

* * * * * 

■ 28. The authority citation for part 4, 

subpart L, continues to read as follows: 

Authority: 30 U.S.C. 1256, 1260, 1261, 

1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. 

301. 

■ 29. Add § 4.1108(g) to read as follows: 

§ 4.1108 Form of documents. 

* * * * * 

(g) Documents filed under this 

subpart must conform to the 

requirements of § 4.401(d). 

■ 30. Revise § 4.1109(a)(2)(i) to read as 

follows: 

§ 4.1109 Service. 

(a) * * * 

(2) * * * 

(i) For mining operations in Alabama, 

Arkansas, Georgia, Illinois, Indiana, 

Iowa, Kansas, Kentucky, Louisiana, 

Mississippi, Missouri, North Carolina, 

Oklahoma, Tennessee, Texas, and 

Virginia: Field Solicitor, U.S. 

Department of the Interior, 800 S. Gay 

Street, Suite 800, Knoxville, Tennessee 

37929; Telephone: (865) 545–4294; 

FAX: (865) 545–4314. 

* * * * * 

■ 31. Add § 4.1117 to read as follows: 

§ 4.1117 Reconsideration. 

A party may file a motion for 

reconsideration of any decision of the 

Board under this subpart within 60 days 

after the date of the decision. The 

provisions of § 4.403 apply to a motion 

filed under this paragraph. 

■ 32. Revise § 4.1270(f) to read as 

follows: 

§ 4.1270 Petition for discretionary review 

of a proposed civil penalty. 

* * * * * 

(f) If the petition is granted, the rules 

in §§ 4.1273 through 4.1275 are 

applicable, and the Board must use the 

point system and conversion table 

contained in 30 CFR part 723 or 845 in 

recalculating assessments. However, the 

Board has the same authority to waive 

the civil penalty formula as that granted 

to administrative law judges in 

§ 4.1157(b)(1). If the petition is denied, 

the decision of the administrative law 

judge is final for the Department, subject 

to § 4.5. 

§ 4.1276 [Removed] 

■ 33. Remove § 4.1276. 

■ 34. Revise § 4.1286 to read as follows: 

§ 4.1286 Motion for a hearing on an appeal 

involving issues of fact. 

(a) Any party may file a motion that 

the Board refer a case to an 

administrative law judge for a hearing. 

The motion must state: 

(1) What specific issues of material 

fact require a hearing; 

(2) What evidence concerning these 

issues must be presented by oral 

testimony, or be subject to crossexamination; 

(3) What witnesses need to be 

examined; and 

(4) What documentary evidence 

requires explanation, if any. 

(b) In response to a motion under 

paragraph (a) of this section or on its 

own initiative, the Board may order a 

hearing if there are: 

(1) Any issues of material fact which, 

if proved, would alter the disposition of 

the appeal; or 

(2) Significant factual or legal issues 

remaining to be decided and the record 

without a hearing would be insufficient 

for resolving them. 

(c) If the Board orders a hearing, it 

must: 

(1) Specify the issues of fact upon 

which the hearing is to be held; and 

(2) Request the administrative law 

judge to issue: 

(i) Proposed findings of fact on the 

issues presented at the hearing; 

(ii) A recommended decision that 

includes findings of fact and 

conclusions of law; or 

(iii) A decision that will be final for 

the Department unless a notice of 

appeal is filed in accordance with 

§ 4.411. 

(d) If the Board orders a hearing, it 

may do one or more of the following: 

(1) Suspend the effectiveness of the 

decision under review pending a final 

Departmental decision on the appeal if 

it finds good cause to do so; 


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64670 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

(2) Authorize the administrative law 

judge to specify additional issues; or 

(3) Authorize the parties to agree to 

additional issues that are material, with 

the approval of the administrative law 

judge. 

(e) The hearing will be conducted 

under §§ 4.1100, 4.1102 through 4.1115, 

4.1121 through 4.1127, and 4.1130 

through 4.1141. Unless the Board orders 

otherwise, the administrative law judge 

may consider other relevant issues and 

evidence identified after referral of the 

case for a hearing. 

■ 35. Add § 4.1287 to read as follows: 

§ 4.1287 Action by administrative law 

judge. 

(a) Upon completion of the hearing 

and the incorporation of the transcript 

in the record, the administrative law 

judge will issue and serve on the 

parties, as specified by the Board under 

§ 4.415(c)(2): 

(1) Proposed findings of fact on the 

issues presented at the hearing; 

(2) A recommended decision that 

includes findings of fact and 

conclusions of law and that advises the 

parties of their right to file exceptions 

under paragraph (c) of this section; or 

(3) A decision that will be final for the 

Department unless a notice of appeal is 

filed in accordance with § 4.411. 

(b) The administrative law judge will 

promptly send to the Board the record 

and: 

(1) The proposed findings; 

(2) The recommended decision; or 

(3) The final decision if a timely 

notice of appeal is filed. 

(c) The parties will have 30 days from 

service of the recommended decision to 

file exceptions with the Board. 

■ 36. In § 4.1392, revise paragraphs (a) 

and (d) and add paragraph (e) to read as 

follows: 

§ 4.1392 Contents of request; amendment 

of requests; responses. 

(a) The request for review: 

(1) Must include: 

(i) A clear statement of the reasons for 

appeal; 

(ii) A request for specific relief; 

(iii) A copy of the decision appealed 

from; and 

(iv) Any other relevant information; 

and 

(2) May not exceed 30 pages, 

excluding exhibits, declarations, and 

other attachments, unless the Board 

orders otherwise upon motion for good 

cause shown. 

* * * * * 

(d) An interested party may file an 

answer, motion, or statement as 

described in paragraph (b) of this 

section in response to an amended 

request for review as follows: 

(1) If the request for review is 

amended as a matter of right, the 

answer, motion, or statement must be 

filed within the longer of the following 

periods: 

(i) The time remaining for response to 

the original request for review; or 

(ii) Ten days after receipt of the 

amended request for review; and 

(2) If the Board grants a motion to 

amend a request for review, the answer, 

motion, or statement must be filed 

within the time set by the Board in its 

order granting the motion. 

(e) The filing of a reply is 

discouraged. However, a person who 

filed a request for review may file a 

reply that: 

(1) Is limited to the issues raised in an 

answer or motion; 

(2) Does not exceed 20 pages, 

excluding exhibits, declarations, and 

other attachments, unless the Board 

orders otherwise upon motion for good 

cause shown; and 

(3) Is filed within: 

(i) Fifteen days after service of the 

answer or motion under paragraph (b) or 

(d)(1) of this section; or 

(ii) The time set by the Board in its 

order under paragraph (d)(2) of this 

section. 

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

■ 37. The authority citation for part 10 

is revised to read as follows: 

Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 

3001 et seq. 

Subpart C—Human Remains, Funerary 

Objects, Sacred Objects, or Objects of 

Cultural Patrimony in Museums and 

Federal Collections 

§ 10.12 [Amended] 

■ 38. In § 10.12: 

■ a. In paragraph (j) introductory text, 

remove the address ‘‘4015 Wilson 

Boulevard, Arlington, VA 22203–1923’’ 

and add in its place the address ‘‘801 

North Quincy Street, Arlington, VA 

22203’’; and 

■ b. In paragraphs (k)(1) and (3), remove 

the address ‘‘4015 Wilson Boulevard, 

Arlington, VA 22203–1954’’ and add in 

its place the address ‘‘801 North Quincy 

Street, Arlington, VA 22203’’. 

Dated: October 4, 2010. 

Rhea S. Suh, 

Assistant Secretary—Policy, Management 

and Budget. 

[FR Doc. 2010–26200 Filed 10–19–10; 8:45 am] 

BILLING CODE 4310–79–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0927] 

RIN 1625–AA00 

Safety Zones; Temporary Change of 

Date for Recurring Fireworks Display 

Within the Fifth Coast Guard District, 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period of safety zone regulations for a 

recurring fireworks display within the 

Fifth Coast Guard District. These 

regulations apply to only one recurring 

fireworks display event that takes place 

at Wrightsville Beach, NC. Safety zone 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to restrict vessel traffic in a 

portion of Motts Channel and Banks 

Channel near Wrightsville Beach, NC, 

during the event. 

DATES: In § 165.506, Table to § 165.506, 

entry (d)14 is effective from 5:30 p.m. to 

8:30 p.m. on November 27, 2010. In 

§ 165.506, Table to § 165.506, entry 

(d)10 is suspended effective from 

November 20, 2010 through November 

27, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0927 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0927 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Chief Warrant Officer 

Joseph Edge, Prevention Department, 

Coast Guard Sector North Carolina, 

Atlantic Beach, NC; telephone 252–247– 

4525, e-mail Joseph.M.Edge@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 


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