Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 50199 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a U.S. 

Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads, Virginia can be contacted at 

telephone number (757) 668–5555. 

(4) U.S. Coast Guard vessels enforcing 

the security zone can be contacted on 

VHF–FM marine band radio, channel 13 

(156.65 MHz) and channel 16 (156.8 

MHz). 

(d) Effective period: This section is 

effective from 2 a.m. on August 21, 2008 

to 4 p.m. on August 30, 2008. 

(e) Enforcement period: This section 

will be enforced from 2 a.m. to 4 p.m. 

on August 21, 2008, and each 

subsequent day a rocket launch at the 

NASA Wallops Flight Facility, Wallops 

Island, VA, is attempted until 4 p.m. 

August 30, 2008. 

Dated: August 18, 2008. 

Jeffrey P. Novotny, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Hampton Roads. 

[FR Doc. E8–19739 Filed 8–25–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 2740 

[WO–350–08 1430 PN–24 1A] 

RIN 1004–AE03 

Recreation and Public Purposes Act; 

Solid Waste Disposal 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) amends a 

procedural regulation pertaining to the 

issuance of patents for public lands 

leased on or before November 9, 1988, 

for solid waste disposal or related 

purposes. The existing regulation 

requires the express approval of the 

Director of the Bureau of Land 

Management (BLM) before the lessee 

may receive a patent to such lands. In 

1992, when the regulation was 

promulgated, most of the BLM’s 

employees with the necessary expertise 

were centralized in the BLM’s 

headquarters in Washington, DC, and 

express approval by the Director was 

deemed necessary. This is no longer the 

case, since employees with the 

necessary expertise are now located in 

State Offices of the BLM. Consistent 

with Department of the Interior policy 

to delegate responsibility to the lowest 

appropriate organizational levels, this 

rule removes the requirement for 

express approval by the Director. As this 

administrative final rule amends an 

internal agency procedure, it is exempt 

from the usual requirement for notice 

and an opportunity for public comment, 

under the Administrative Procedure 

Act. 

DATES: This rule is effective October 27, 

2008. 

ADDRESSES: Information or questions 

regarding this final rule should be 

addressed in writing to the Director, 

Bureau of Land Management, 1849 C 

Street, NW., Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: For 

information on the substance of the 

proposed rule, please contact Jeff 

Holdren at 202–452–7779. For 

information on procedural matters, 

please contact Jean Sonneman at 202–

785–6577. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

to contact the above individuals during 

business hours. FIRS is available 

twenty-four hours a day, seven days a 

week, to leave a message or question 

with the above individuals. You will 

receive a reply during normal business 

hours. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of the Final Rule 

III. Procedural Matters 

I. Background 

The Secretary of the Interior is 

authorized to transfer or lease certain 

public lands to State and local 

governmental agencies and to nonprofit 

corporations and associations for 

recreation and public purposes under 

the Act of June 14, 1926 (43 U.S.C. 869 

et seq.), commonly known as the 

Recreation and Public Purposes (R&PP) 

Act. Regulations implementing the 

Secretary of the Interior’s authority to 

sell or lease lands under the R&PP Act 

are located in 43 CFR part 2740. These 

regulations explain the following: 

• Policies pertaining to the BLM’s 

implementation of the R&PP Act (43 

CFR 2740.0–6); 

• Definitions of applicable terms (43 

CFR 2740.0–5); 

• Lands subject to disposition (43 

CFR 2741.1); 

• The criteria for qualified applicants 

(43 CFR 2741.2); 

• The guidelines for conveyance and 

lease under the act (43 CFR 2741.5); and 

• Certain other procedural matters 

and requirements relating to public 

lands conveyed by patent for the 

purpose of solid waste disposal. (43 CFR 

subpart 2743). 

The BLM promulgated the regulations 

at 43 CFR subpart 2743 in order to 

reduce or avoid Federal liabilities that 

might arise from the conveyance of 

landfills contaminated by hazardous 

substances. Some of the regulations 

directly implement amendments to the 

R&PP Act that became effective on 

November 10, 1988. One such 

regulation is 43 CFR 2743.2(a)(5), which 

requires an investigation to determine 

whether or not any hazardous substance 

is present on public lands before 

conveying them by patent for new solid 

waste disposal sites. 43 U.S.C. 869–

2(b)(2). 

With respect to lands leased before 

November 9, 1988, the BLM exercised 

its rulemaking discretion to promulgate 

a similar investigative requirement, and 

to require the express approval of the 

Director of the BLM before the lessee 

may receive a patent to such lands. 43 

CFR 2743.3. Neither of these 

requirements appears in the R&PP Act. 

However, at the time, the BLM deemed 

both provisions necessary because the 

Bureau’s environmental expertise was 

concentrated at its headquarters in 

Washington, DC. In contrast, each BLM 

State Office now employs one or more 

environmental professionals with the 

expertise to review locally conducted 

investigations. It is for this reason that 

this rule removes the requirement for 

express approval by the Director. 

In general, the Administrative 

Procedure Act (APA) requires that 

Federal agencies give notice and 

provide an opportunity for the public to 

comment before promulgating a final 

rule. However, the APA provides that 

prior notice and comment are not 

required for ‘‘interpretive rules, general 

statements of policy or rules of agency 

organization, procedure, or practice.’’ 5 

U.S.C. 553(b)(A). This exception applies 

in this instance because this final rule 

simply amends the BLM’s internal 

administrative procedures for patenting 

land. As discussed below, this final rule 

is also an action that is categorically 

excluded from certain requirements of 

the National Environmental Policy Act 

(NEPA). See 42 U.S.C. 4332(2)(C); 40 

CFR 1508.4; 516 Departmental Manual 

(DM), Chapter 2, Appendix 1, CX 1.10. 

II. Discussion of the Final Rule 

The existing regulation states that 

when a lessee requests or concurs in the 

issuance of a patent to lands included 

in a lease, or portion of a lease, issued 

on or before November 9, 1988, that 

have been used, as specified in the plan 

of development, for solid waste disposal 

or for any other purposes that may have 


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50200 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 

resulted in or included the disposal, 

placement, or release of any hazardous 

substance on the land, the patent may 

only be issued with the express 

approval of the Director, BLM. This rule 

was adopted following enactment of 

Public Law 100–648 which provided 

special procedures for conveyance of 

public lands for solid waste disposal 

purposes. The rule was promulgated in 

1992 at a time when BLM State Offices 

did not routinely have qualified 

environmental specialists on staff and 

most of the BLM’s environmental 

expertise was located in its headquarters 

in Washington, DC. The environmental 

investigative report which precedes 

patent approval was, at that time, 

submitted to and reviewed in the BLM’s 

headquarters in Washington, DC. 

The requirement for express approval 

by the Director, BLM, is no longer 

needed because each BLM State Office 

now employs one or more 

environmental professionals with the 

expertise necessary to evaluate and 

document the conditions of the leased 

lands prior to patent. The existing 

requirement is inconsistent with 

Department of the Interior policy to 

delegate authority to the lowest 

appropriate organizational levels, and 

impedes the BLM policy goal to process 

requests for patents expeditiously. This 

final rule removes a procedural step that 

has become superfluous, as it is no 

longer necessary for full compliance 

with statutory intent. 

III. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

This final rule is not a significant 

regulatory action and is not subject to 

review by the Office of Management and 

Budget under Executive Order 12866. 

This final rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

This final rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. This final rule does not 

alter the budgetary effects of 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients; nor does it raise novel 

legal or policy issues. 

National Environmental Policy Act 

The BLM has determined that this 

final rule removing the requirement for 

express approval by the Director of BLM 

prior to patent issuance for lands leased 

prior to November 9, 1988, is of a 

procedural nature whose environmental 

effects are too broad, speculative, or 

conjectural to lend themselves to 

meaningful analysis; further, the 

action(s) of patent issuance will later be 

subject to the NEPA process, either 

collectively or case-by-case. Therefore, 

this rule is categorically excluded from 

environmental review under section 

102(2)(C) of the National Environmental 

Policy Act, pursuant to 516 DM, Chapter 

2, Appendix 1, CX 1.10. In addition, this 

rule does not present any of the 12 

extraordinary circumstances listed in 

516 DM, Chapter 2, Appendix 2. 

Pursuant to the Council on 

Environmental Quality regulations (40 

CFR 1508.4) and the environmental 

policies and procedures of the 

Department of the Interior, the term 

‘‘categorical exclusion’’ means a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment and that have been found 

to have no such effect in procedures 

adopted by a Federal agency and for 

which neither an environmental 

assessment nor an environmental 

impact statement is required. 

Regulatory Flexibility Act 

Congress enacted the Regulatory 

Flexibility Act of 1980 (RFA), as 

amended, 5 U.S.C. 601–612, to ensure 

that Government regulations do not 

unnecessarily or disproportionately 

burden small entities. The RFA requires 

a regulatory flexibility analysis if a rule 

would have a significant economic 

impact, either detrimental or beneficial, 

on a substantial number of small 

entities. The BLM has determined that 

this final rule, removing the 

requirement for the Director of the BLM 

to expressly approve a patent to lands 

leased prior to November 9, 1988, will 

not have a significant economic impact 

on a substantial number of small entities 

under the RFA. As stated above in the 

preamble, the final rule only changes 

the administrative process for patent 

approval in a limited number of 

instances. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This final rule is not a ‘‘major rule’’

as defined at 5 U.S.C. 804(2) because it 

will not have an annual effect on the 

economy greater than $100 million; it 

will not result in major cost or price 

increases for consumers, industries, 

government agencies, or regions; and it 

will not have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on state, local, or 

tribal governments or the private sector, 

in the aggregate, of $100 million or more 

per year; nor does the rule have a 

significant or unique effect on state, 

local, or tribal governments. The rule 

would impose no requirements on these 

entities. The BLM has already shown in 

the previous paragraphs of this section 

of the preamble that the change effected 

by this rule would not have effects 

approaching $100 million per year on 

the private sector. Therefore, the BLM is 

not required to prepare a statement 

containing the information required by 

the Unfunded Mandates Report Act (2 

U.S.C. 1531 et seq.). 

Executive Order 12630, Government 

Action and Interference With 

Constitutionally Protected Property 

Rights (Takings) 

This rule is not a government action 

capable of interfering with 

constitutionally protected property 

rights. The purpose of the rule is to be 

able to respond more quickly to requests 

for issuance of patent documents. 

Therefore, the BLM has determined that 

the rule would not cause a taking of 

private property or require further 

discussion of takings implications under 

this Executive Order. 

Executive Order 13132, Federalism 

The rule will not have a substantial 

direct effect on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the levels of 

government. It would not apply to states 

or local governments or state or local 

governmental entities. Therefore, in 

accordance with Executive Order 13132, 

the BLM has determined that this rule 

does not have sufficient Federalism 

implications to warrant preparation of a 

Federalism Assessment. 

Executive Order 12988, Civil Justice 

Reform 

In accordance with Executive Order 

12988, the BLM has determined that 

this rule does not unduly burden the 

judicial system and meets the 

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

of Executive Order 12988. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, the BLM finds that this rule will 


sroberts on PROD1PC76 with RULES
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 50201 

not result in significant changes to BLM 

policy and that Tribal Governments will 

not be unduly affected by this rule. This 

rulemaking has no bearing on trust 

lands, or on lands for which title is held 

in fee status by Indian tribes or U.S. 

Government-owned lands managed by 

the Bureau of Indian Affairs. 

Information Quality Act 

In developing this rule, the BLM did 

not conduct or use a study, experiment 

or survey requiring peer review under 

the Information Quality Act, 44 U.S.C. 

3516 note. 

Executive Order 13211, Effects on the 

Nation’s Energy Supply 

This rule is a purely administrative 

regulatory action and has no 

implications under Executive Order 

13211. 

Executive Order 13352, Facilitation of 

Cooperative Conservation 

In accordance with Executive Order 

13352, the BLM has determined that 

this rule is administrative in content, 

effecting only procedural change 

affecting issuance of land patents. This 

rule does not impede facilitating 

cooperative conservation; takes 

appropriate account of and considers 

the interests of persons with ownership 

or other legally recognized interests in 

land or other natural resources; properly 

accommodates local participation in the 

Federal decision-making process; and 

provides that the programs, projects, 

and activities are consistent with 

protecting public health and safety. 

Paperwork Reduction Act 

The BLM has determined that this 

regulation does not contain information 

collection requirements that the Office 

of Management and Budget must 

approve under the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501 et seq. 

Executive Order 12866, Clarity of 

Regulations 

Executive Order 12866 requires each 

agency to write regulations that are 

simple and easy to understand. We 

invite your comments on how to make 

this regulation easier to understand, 

including answers to questions such as 

the following: 

1. Are the requirements in the final 

regulation clearly stated? 

2. Does the final regulation contain 

technical language or jargon that 

interferes with its clarity? 

3. Does the format of the final 

regulation (grouping and order of 

sections, use of headings, paragraphing, 

etc.) aid or reduce its clarity? 

4. Would the regulation be easier to 

understand if it was divided into more 

(but shorter) sections? 

5. Is the description of the final 

regulation in the SUPPLEMENTARY

INFORMATION section of this preamble 

helpful in understanding the regulation? 

How could this description be more 

helpful in making the regulation easier 

to understand? 

Please send any comments you have 

on the clarity of the regulation to the 

address specified above in the 

ADDRESSES section. 

Authors 

The principal author of this rule is 

Linda Resseguie of the BLM’s Division 

of Lands and Realty, Washington Office, 

assisted by Jean Sonneman of the BLM’s 

Division of Regulatory Affairs, 

Washington Office. 

List of Subjects in 43 CFR Part 2740 

Intergovernmental relations; Land 

Management Bureau; Public lands—

sale; Recreation and recreation sites; 

Reporting and recordkeeping 

requirements. 

Julie Jacobson, 

Deputy Assistant Secretary, Land and 

Minerals Management. 

■ Accordingly, for the reasons stated in 

the preamble and under the authority of 

the R&PP Act (43 U.S.C. 869 et seq.), the 

BLM amends part 2740 of Title 43 of the 

Code of Federal Regulations as set forth 

below: 

PART 2740—RECREATION AND 

PUBLIC PURPOSES ACT 

■ 1. The authority citation for part 2740 

continues to read as follows: 

Authority: 43 U.S.C. 869 et seq., 43 U.S.C. 

1701 et seq., and 31 U.S.C. 9701. 

■ 2. Amend § 2743.3 by revising the 

introductory text of paragraph (a) to 

read as follows: 

§ 2743.3 Leased disposal sites. 

(a) Upon request by or with the 

concurrence of the lessee, the 

authorized officer may issue a patent for 

those lands covered by a lease, or 

portion thereof, issued on or before 

November 9, 1988, that have been or 

will be used, as specified in the plan of 

development, for solid waste disposal or 

for any other purpose that the 

authorized officer determines may result 

in or include the disposal, placement, or 

release of any hazardous substance, 

subject to the following provisions: 

* * * * * 

[FR Doc. E8–19745 Filed 8–25–08; 8:45 am] 

BILLING CODE 4310–84–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket No. 08–65; FCC 08–182] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2008 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, we amend 

our Schedule of Regulatory Fees to 

collect $312,000,000 in regulatory fees 

for Fiscal Year (FY) 2008, pursuant to 

section 9 of the Communications Act of 

1934, as amended (the Act). These fees 

are mandated by Congress and are 

collected to recover the regulatory costs 

associated with the Commission’s 

enforcement, policy and rulemaking, 

user information, and international 

activities. 

DATES: Effective September 25, 2008. 

FOR FURTHER INFORMATION CONTACT: 

CORES Helpdesk at (877) 480–3201, 

option 4, or ARINQUIRIES@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Heading Paragraph No. 

I. Introduction ................................................................................................................................................................................... 1 

II. Report and Order ......................................................................................................................................................................... 3 

A. Calculation of Revenue and Fee Requirements .................................................................................................................. 4 

B. Additional Adjustments to Payment Units ......................................................................................................................... 5 

1. Commercial Mobile Radio (‘‘CMRS’’) Messaging Service ........................................................................................... 7 

2. Private Land Mobile Radio Service (‘‘PLMRS’’) .......................................................................................................... 9 

3. Regulatory Fee Obligations for AM Expanded Band Broadcasters ............................................................................. 11 

4. International Bearer Circuits ......................................................................................................................................... 14 

a. Background .............................................................................................................................................................. 14 

b. Discussion ............................................................................................................................................................... 19 


sroberts on PROD1PC76 with RULES