[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82362-82363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32545]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 9

[2310-0062-422]


Nonfederal Oil and Gas Development Within the Boundaries of Units 
of the National Park System; Intent To Prepare an Environmental Impact 
Statement for a Proposed Revision

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; intent to prepare an environmental impact 
statement.

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

SUMMARY: Notice is hereby given in accordance with the National 
Environmental Policy Act of 1969 (NEPA) and Council on Environmental 
Quality regulations that the U.S. Department of the Interior, National 
Park Service (NPS), will prepare a programmatic environmental impact 
statement (EIS) on proposed revisions to existing regulations governing 
the exercise of nonfederal oil and gas rights within the boundaries of 
units of the National Park System. The current regulations have been in 
effect for over thirty years and have not been substantively updated 
during that period. The EIS will analyze a range of reasonable 
alternatives for regulating nonfederal oil and gas development and the 
potential environmental impacts on park resources such as threatened 
and endangered species, water resources, soils, vegetation, wetlands, 
air resources, night skies, wildlife, cultural resources, and 
soundscapes. Effects on oil and gas operators, visitor experience and 
public safety, adjacent lands, and park operations will also be 
analyzed.

DATES: Comments must be received by February 28, 2011.

ADDRESSES: Written comments or requests for information should be 
addressed to Sandy Hamilton, Environmental Quality Division, National 
Park Service, Academy Place, P.O. Box 25287, Denver, CO 80225. If you 
wish to comment electronically, you may submit your comments online in 
the NPS Planning, Environment and Public Comment (PEPC) Web site at 
http://parkplanning.nps.gov/WASO. Faxed or e-mailed comments will not 
be accepted. Comments should be received by the NPS within 60 days of 
the date of the publication of this notice in the Federal Register. 
Please be aware that your entire comment--including personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comments to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

FOR FURTHER INFORMATION CONTACT: Sandy Hamilton, Environmental 
Protection Specialist, at 303-969-2068, or by mail at Sandy Hamilton, 
Environmental Quality Division, National Park Service, Academy Place, 
P.O. Box 25287, Denver, CO 80225. Further information about this 
project, including the Advanced Notice of Public Rulemaking and 
``Frequently Asked Questions'' about the difference

[[Page 82363]]

between the NEPA planning process and the rulemaking process, may also 
be found on the PEPC Web site for this project http://parkplanning.nps.gov/WASO.

SUPPLEMENTARY INFORMATION: To determine the scope of issues to be 
addressed in the EIS and to identify significant issues related to the 
proposed regulations revision, the NPS is seeking public comment on the 
draft purpose and need, objectives, and issues and concerns related to 
revisions of the NPS regulations governing nonfederal oil and gas 
development on units of the National Park System. The NPS also seeks 
comment on possible alternatives it should consider for revising the 
regulations. The NPS invites the public to submit comments 
electronically on the NPS Planning, Environment and Public Comment 
(PEPC) Web site at http://parkplanning.nps.gov/WASO or by mail to the 
address cited in the ADDRESSES section during the 60-day comment period 
following the publication of this notice of intent in the Federal 
Register.
    The NPS does not plan to hold national public scoping meetings for 
this DEIS due to the programmatic nature of the regulations and the 
widely dispersed locations of the 45 parks that could be affected by 
the revisions. However, some individual parks may choose to hold public 
scoping meetings in their locality. Such meetings would be advertised 
by those parks using their normal media and mailing list contacts. At 
present, 12 park units contain existing nonfederal oil and gas 
development within their boundaries.
    The NPS promulgated regulations at 36 CFR part 9, subpart B (``9B 
regulations'') governing nonfederal oil and gas development in units of 
the National Park System in December 1978, with a January 1979 
effective date. The regulations control all activities associated with 
nonfederal oil and gas development inside park boundaries where access 
is on, across, or through federally owned or controlled lands or 
waters. At this time 693 nonfederal oil and gas operations exist in a 
total of 12 units of the National Park System.
    The purpose of the 9B regulations is to avoid or minimize the 
adverse effects of nonfederal oil and gas operations on natural and 
cultural resources, visitor uses and experiences, provide for public 
safety, and minimize adverse effects on park infrastructure and 
management.
    Revisions to the 9B regulations are needed because:
    <bullet> The NPS has limited ability to address 53% of nonfederal 
oil and gas operations (grandfathered operations and operations that do 
not require access across federally owned lands) that are currently 
exempt from the 9B regulatory requirements.
    <bullet> The existing regulations do not incorporate industry 
advances in technology and practices developed over the last 30 years.
    <bullet> The existing regulations limit the NPS ability to require 
adequate financial assurance from operators to ensure that funds are 
available to reclaim operation sites in the event operators fail to 
fulfill their obligations under an approved plan of operations.
    <bullet> There is an opportunity to have more understandable, 
comprehensive, and enforceable operating standards.
    <bullet> The NPS has limited means under the existing regulations 
to address minor violations of an approved plan of operations or the 9B 
regulations that would not justify a suspension.
    <bullet> The existing regulations do not clearly state the scope of 
NPS jurisdiction for directional drilling operations sited on lands 
outside park boundaries.
    <bullet> The existing regulations are not consistent with practices 
of other Federal agencies and private landowners by requiring 
compensation for privileged access across federally owned lands for 
operators accessing their leaseholds.
    <bullet> The existing regulations do not provide a means for the 
NPS, as appropriate, to recover the costs for processing and monitoring 
nonfederal oil and gas operations in parks.
    The NPS has identified the following draft objectives for revising 
the 9B regulations:
    <bullet> All operations within the boundary of NPS units are 
regulated under the 9B regulations.
    <bullet> Operating standards are updated to incorporate new 
scientific findings, technologies, and methods least damaging to park 
resources and values.
    <bullet> The public and park staff are protected from health and 
safety hazards associated with nonfederal oil and gas operations.
    <bullet> Financial assurance is adequate to ensure that park 
resources and values are protected.
    <bullet> The regulations provide a practical means for dealing with 
minor acts of noncompliance or with illegal operations (unauthorized 
operations).
    <bullet> Fair compensation for an operator's use of federal land 
outside of its leasehold is obtained.
    <bullet> Regulations are more understandable to the regulated 
operating community, public, and park staff.
    <bullet> Directional drilling operations are regulated to retain 
incentives for operators to site operations outside of parks but still 
retain the NPS' ability to protect park resources and values to the 
fullest extent practical.
    The draft and final 9B Regulations Revision EIS will be made 
available to all known interested parties and appropriate agencies. 
Full public participation by Federal, State, and local agencies as well 
as other concerned organizations and private citizens is invited 
throughout the preparation process of this document.
    The responsible official for this 9B Regulations Revision EIS is 
Herbert Frost, Associate Director for Natural Resources Stewardship and 
Science, 1849 C Street, NW., Room 3130, Washington, DC 20240-0001.

    Dated: December 10, 2010.
Herbert C. Frost,
Associate Director, Natural Resource Stewardship and Science.
[FR Doc. 2010-32545 Filed 12-29-10; 8:45 am]
BILLING CODE 4310-EH-P