[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]
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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.
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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:
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.
The existing regulations do not incorporate industry
advances in technology and practices developed over the last 30 years.
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.
There is an opportunity to have more understandable,
comprehensive, and enforceable operating standards.
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.
The existing regulations do not clearly state the scope of
NPS jurisdiction for directional drilling operations sited on lands
outside park boundaries.
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.
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:
All operations within the boundary of NPS units are
regulated under the 9B regulations.
Operating standards are updated to incorporate new
scientific findings, technologies, and methods least damaging to park
resources and values.
The public and park staff are protected from health and
safety hazards associated with nonfederal oil and gas operations.
Financial assurance is adequate to ensure that park
resources and values are protected.
The regulations provide a practical means for dealing with
minor acts of noncompliance or with illegal operations (unauthorized
operations).
Fair compensation for an operator's use of federal land
outside of its leasehold is obtained.
Regulations are more understandable to the regulated
operating community, public, and park staff.
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]
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