Vol. 82 Thursday, 

No. 163 August 24, 2017 

Part X 

Department of Interior 

Semiannual Regulatory Agenda 

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40306 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

25 CFR Ch. I 

30 CFR Chs. II and VII 

36 CFR Ch. I 

43 CFR Subtitle A, Chs. I and II 

48 CFR Ch. 14 

50 CFR Chs. I and IV 

[167D0102DM; DS6CS00000; 

DLSN00000.00000; DX6CS25] 

Semiannual Regulatory Agenda 

AGENCY: Office of the Secretary, Interior. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This notice provides the 

semiannual agenda of Department of the 

Interior (Department) rules scheduled 

for review or development between 

spring 2017 and spring 2018. The 

Regulatory Flexibility Act and Executive 

Order 12866 require publication of the 

agenda. 

ADDRESSES: Unless otherwise indicated, 

all agency contacts are located at the 

Department of the Interior, 1849 C Street 

NW., Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

Please direct all comments and inquiries 

about these rules to the appropriate 

agency contact. Please direct general 

comments relating to the agenda to the 

Office of Executive Secretariat and 

Regulatory Affairs, Department of the 

Interior, at the address above or at (202) 

208–5257. 

SUPPLEMENTARY INFORMATION: With this 

publication, the Department satisfies the 

requirement of Executive Order 12866 

that the Department publish an agenda 

of rules that we have issued or expect 

to issue and of currently effective rules 

that we have scheduled for review. 

Simultaneously, the Department 

meets the requirement of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) to 

publish an agenda in April and October 

of each year identifying rules that will 

have significant economic effects on a 

substantial number of small entities. We 

have specifically identified in the 

agenda rules that will have such effects. 

In some cases, the Department has 

withdrawn rules that were placed on 

previous agendas for which there has 

been no publication activity or for 

which a proposed or interim rule was 

published. There is no legal significance 

to the omission of an item from this 

agenda. Withdrawal of a rule does not 

necessarily mean that the Department 

will not proceed with the rulemaking. 

Withdrawal allows the Department to 

assess the action further and determine 

whether rulemaking is appropriate. 

Following such an assessment, the 

Department may determine that certain 

rules listed as withdrawn under this 

agenda are appropriate for 

promulgation. If that determination is 

made, such rules will comply with 

Executive Order 13771. 

Mark Lawyer, 

Federal Register Liaison Officer. 

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

151 .................... Cost Recovery Adjustment .............................................................................................................................. 1014–AA31 

UNITED STATES FISH AND WILDLIFE SERVICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

152 .................... Migratory Bird Hunting; 2018–2019 Migratory Game Bird Hunting Regulations ............................................ 1018–BB73 

UNITED STATES FISH AND WILDLIFE SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

153 .................... National Wildlife Refuge System; Management of Non-Federal Oil and Gas Rights ..................................... 1018–AX36 

154 .................... Migratory Bird Permits; Incidental Take of Migratory Birds ............................................................................. 1018–BA69 

NATIONAL PARK SERVICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

155 .................... Non-Federal Oil and Gas Rights ..................................................................................................................... 1024–AD78 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

156 .................... Stream Protection Rule .................................................................................................................................... 1029–AC63 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40307 

BUREAU OF LAND MANAGEMENT—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

157 .................... Waste Prevention, Production Subject to Royalties, and Resource Conservation ......................................... 1004–AE14 

158 .................... Onshore Oil and Gas Order 4: Oil Measurement ............................................................................................ 1004–AE16 

DEPARTMENT OF THE INTERIOR (DOI) 

Bureau of Safety and Environmental 

Enforcement (BSEE) 

Proposed Rule Stage 

151. Cost Recovery Adjustment 

Legal Authority: 31 U.S.C. 9701 

Abstract: This supplemental proposal 

will seek additional comments on the 

proposed adjustments to 31 cost 

recovery fees to allow the Bureau of 

Safety and Environmental Enforcement 

to recover the full costs of the services 

it provides to the oil and gas industry. 

It complies with the Independent Office 

Appropriations Act of 1952, which 

established that government services 

should be self-sustaining to the extent 

possible, and with OMB Circular A–25, 

which requires federal agencies to 

biannually review user charges and to 

determine whether new fees should be 

established for agency services. 

Rulemaking is the only method 

available to update these fees and 

comply with the intent of Congress to 

recover government costs when a 

special benefit is bestowed on an 

identifiable recipient. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/17/16 81 FR 81033 

NPRM Comment 

Period End.

02/16/17 82 FR 1284 

Supplemental 

NPRM.

08/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kimberly Monaco, 

Department of the Interior, Bureau of 

Safety and Environmental Enforcement, 

1849 C Street NW., Washington, DC 

20240, Phone: 703 787–1658. 

RIN: 1014–AA31 

DEPARTMENT OF THE INTERIOR (DOI) 

United States Fish and Wildlife Service 

(FWS) 

Proposed Rule Stage 

152. Migratory Bird Hunting; 2018– 

2019 Migratory Game Bird Hunting 

Regulations 

Legal Authority: 16 U.S.C. 703 to 711; 

16 U.S.C. 742a–j 

Abstract: We propose to establish 

annual hunting regulations for certain 

migratory game birds for the 2018–2019 

hunting season. We annually prescribe 

outside limits (frameworks), within 

which States may select hunting 

seasons. This proposed rule provides 

the regulatory schedule, describes the 

proposed regulatory alternatives for the 

2018–2019 duck hunting seasons, 

requests proposals from Indian tribes 

that wish to establish special migratory 

game bird hunting regulations on 

Federal Indian reservations and ceded 

lands, and requests proposals for the 

2018 spring and summer migratory bird 

subsistence season in Alaska. Migratory 

game bird hunting seasons provide 

opportunities for recreation and 

sustenance; aid Federal, State, and tribal 

governments in the management of 

migratory game birds; and permit 

harvests at levels compatible with 

migratory game bird population status 

and habitat conditions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/17 

Supplemental ...... 08/00/17 

NPRM; Proposed 

Frameworks.

12/00/17 

NPRM; Proposed 

Tribal Regulations.

01/00/18 

Final Rule; Final 

Frameworks.

03/00/18 

Final Rule; Final 

Tribal Regulations.

05/00/18 

Final Rule; Final 

Season Selections.

05/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ronald Kokel, 

Wildlife Biologist, Division of Migratory 

Bird Management, Department of the 

Interior, United States Fish and Wildlife 

Service, 5275 Leesburg Pike, MS: MB, 

Falls Church, VA 22041–3808, Phone: 

703 358–1714, Email: ronald_kokel@

fws.gov. 

RIN: 1018–BB73 

DEPARTMENT OF THE INTERIOR (DOI) 

United States Fish and Wildlife Service 

(FWS) 

Completed Actions 

153. National Wildlife Refuge System; 

Management of Non-Federal Oil and 

Gas Rights 

Legal Authority: 16 U.S.C. 668dd to 

668ee; 42 U.S.C. 7401 et seq.; 16 U.S.C. 

1131 to 1136 

Abstract: We published regulations 

that ensure that all operators conducting 

oil or gas operations within a National 

Wildlife Refuge System unit do so in a 

manner that prevents or minimizes 

damage to National Wildlife Refuge 

System resources, visitor values, and 

management objectives. These 

regulations will not result in a taking of 

a property interest, but rather impose 

reasonable controls on operations that 

affect federally owned or controlled 

lands, and/or waters. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 02/24/14 79 FR 10080 

ANPRM Comment 

Period End.

04/25/14 

ANPRM Comment 

Period Reopened.

06/09/14 79 FR 32903 

ANPRM Comment 

Period Reopening End.

07/09/14 

NPRM .................. 12/11/15 80 FR 77200 

NPRM Comment 

Period End.

02/09/16 

NPRM; Final Environmental Impact Statement.08/22/16 81 FR 56575 

Supplemental 

NPRM.

11/14/16 81 FR 79408 

Final Action ......... 11/14/16 81 FR 79948 

Final Action Effective.12/14/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jillian Cohen, 

Conservation Policy Analyst, 

Department of the Interior, United 

States Fish and Wildlife Service, 5275 

Leesburg Pike, MS: NWRS, Falls 

Church, VA 22041, Phone: 703 358– 

1764, Email: jillian_cohen@fws.gov. 

RIN: 1018–AX36 

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40308 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

154. Migratory Bird Permits; Incidental 

Take of Migratory Birds 

Legal Authority: 16 U.S.C. 703 to 712; 

42 U.S.C. 4321 et seq. 

Abstract: This rule would establish 

regulations to govern the incidental take 

of migratory birds from activities under 

which migratory birds are killed 

incidental to otherwise lawful activities, 

including requirements for individual 

permits and programmatic agreements 

with Federal agencies. This agenda item 

is being withdrawn at the present time 

to allow the Department to assess the 

action further and determine whether 

rulemaking is appropriate. Following 

such an assessment, the Department 

may determine that certain rules listed 

as withdrawn under this agenda are 

appropriate for promulgation. If that 

determination is made, such rules will 

be included in a succeeding semiannual 

agenda under new RINs. 

Timetable: 

Action Date FR Cite 

Notice .................. 05/26/15 80 FR 30032 

Comment Period 

End.

07/27/15 

Withdrawn ........... 04/11/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Stephen Earsom, 

Biologist––Pilot, Regions 4 & 5 Aviation 

Manager, Department of the Interior, 

United States Fish and Wildlife Service, 

11510 American Holly Drive, Laurel, 

MD 20708, Phone: 301 980–8711, Email: 

stephen_earsom@fws.gov. 

RIN: 1018–BA69 

DEPARTMENT OF THE INTERIOR (DOI) 

National Park Service (NPS) 

Completed Actions 

155. Non-Federal Oil and Gas Rights 

Legal Authority: 54 U.S.C. 100101; 54 

U.S.C. 100301; 54 U.S.C. 100302; 54 

U.S.C. 100731; 54 U.S.C. 100732 

Abstract: This rule would update 

National Park Service (NPS) regulations 

governing the exercise of non-Federal 

oil and gas rights within NPS unit 

boundaries outside of Alaska. It would 

accommodate new technology and 

industry practices, eliminate regulatory 

exemptions, update requirements, 

remove caps on bond amounts, and 

allow NPS to recover administrative 

costs. The changes make the regulations 

more effective and efficient and 

maintain the highest level of protection 

compatible with park resources and 

values. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 11/25/09 74 FR 61596 

ANPRM Comment 

Period End.

01/25/10 

NPRM .................. 10/26/15 80 FR 65571 

NPRM Comment 

Period End.

12/28/15 

Final Action ......... 11/04/16 81 FR 77972 

Final Action Effective.12/05/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward O. Kassman 

Jr., Geologic Resources Division, 

Department of the Interior, National 

Park Service, P.O. Box 25287, Denver, 

CO 80225, Phone: 303 969–2146, Email: 

edward_kassman@nps.gov. 

RIN: 1024–AD78 

DEPARTMENT OF THE INTERIOR (DOI) 

Office of Surface Mining Reclamation 

and Enforcement (OSMRE) 

Final Rule Stage 

156. Stream Protection Rule 

Legal Authority: 30 U.S.C. 1201 et seq. 

Abstract: The final rule published 

December 20, 2016 (81 FR 93066) and 

became effective January 19, 2017. The 

final rule was nullified by a joint 

resolution of disapproval under the 

Congressional Review Act, signed by the 

President on February 16, 2017 (Pub. L. 

115–5). This action conforms to Public 

Law 115–5 by changing the Code of 

Federal Regulations to reflect the 

regulations as they existed before the 

effective date of the final rule that was 

nullified under the Congressional 

Review Act. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 11/30/09 74 FR 62664 

ANPRM Comment 

Period End.

12/30/09 

NPRM .................. 07/27/15 80 FR 44436 

NPRM Comment 

Period Extended.

09/10/15 80 FR 54590 

NPRM Comment 

Period End.

09/25/15 

NPRM Comment 

Period Extended End.

10/26/15 

Final Action ......... 12/20/16 81 FR 93066 

Final Action Effective.01/19/17 

Final Rule; CRA 

Revocation.

07/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dennis Rice, 

Regulatory Analyst, Department of the 

Interior, Office of Surface Mining 

Reclamation and Enforcement, 1951 

Constitution Avenue NW., Washington, 

DC 20240, Phone: 202 208–2829, Email: 

drice@osmre.gov. 

RIN: 1029–AC63 

DEPARTMENT OF THE INTERIOR (DOI) 

Bureau of Land Management (BLM) 

Completed Actions 

157. Waste Prevention, Production 

Subject to Royalties, and Resource 

Conservation 

Legal Authority: 25 U.S.C. 396d; 25 

U.S.C. 2107; 30 U.S.C. 189; 30 U.S.C. 

306; 30 U.S.C. 359; 30 U.S.C. 1751; 43 

U.S.C. 1732(b); 43 U.S.C. 1733; 43 

U.S.C. 1740 

Abstract: The rule would update 

decades-old standards to reduce 

wasteful venting, flaring, and leaks of 

natural gas from onshore wells located 

on Federal and Indian oil and gas leases. 

The proposed standards would establish 

requirements and incentives to reduce 

waste of gas and clarify when royalties 

apply to lost gas. This action will 

enhance our energy security and 

economy by boosting America’s natural 

gas supplies, ensuring that taxpayers 

receive the royalties due to them from 

development of public resources, and 

reducing emissions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/08/16 81 FR 6616 

NPRM Comment 

Period Extended.

04/04/16 81 FR 19110 

NPRM Comment 

Period End.

04/08/16 

NPRM Comment 

Period Extended End.

04/22/16 

Final Action ......... 11/18/16 81 FR 83008 

Final Action Effective.01/17/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Steven Wells, 

Division Chief, Fluid Minerals Division, 

Department of the Interior, Bureau of 

Land Management, Room 2134 LM, 20 

M Street SE., Washington, DC 20003, 

Phone: 202 912–7143, Fax: 202 912– 

7194, Email: s1wells@blm.gov. 

RIN: 1004–AE14 

158. Onshore Oil and Gas Order 4: Oil 

Measurement 

Legal Authority: 25 U.S.C. 396(d); 25 

U.S.C. 2107; 30 U.S.C. 189; 30 U.S.C. 

306; 30 U.S.C. 359; 30 U.S.C. 1751; 43 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40309 

U.S.C. 1732(b); 43 U.S.C. 1733; 43 

U.S.C. 1740 

Abstract: Onshore Order 4 establishes 

minimum standards to ensure liquid 

hydrocarbons are accurately measured 

and reported. This Order was last 

updated in 1989, and since then 

changes in technology have allowed for 

more accurate fluid measurement. This 

order will incorporate current industry 

standards and allow for the use of new 

technology. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/30/15 80 FR 58952 

NPRM Comment 

Period Extended.

11/23/15 80 FR 72943 

NPRM Comment 

Period End.

11/30/15 

NPRM Comment 

Period Extended End.

12/14/15 

Final Action ......... 11/17/16 81 FR 81462 

Final Action Effective.01/17/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Steven Wells, 

Division Chief, Fluid Minerals Division, 

Department of the Interior, Bureau of 

Land Management, Room 2134 LM, 20 

M Street SE., Washington, DC 20003, 

Phone: 202 912–7143, Fax: 202 912– 

7194, Email: s1wells@blm.gov. 

RIN: 1004–AE16 

[FR Doc. 2017–16923 Filed 8–23–17; 8:45 am] 

BILLING CODE 4334–63–P 

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