80 FR 36474 - Technical Edits

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 122 (June 25, 2015)

The National Park Service is making technical corrections to its regulations. In response to Congress's enactment of Title 54 United States Code, the rule corrects the authority citations. The rule fixes typographical errors and incorrect citations and cross-references. The rule removes a firearms provision that was vacated by court order in 2009 and adds language consistent with federal law governing the possession of firearms in National Park units. The rule removes an outdated reference to a designated airstrip at Lake Mead National Recreation Area that has been closed since 1987.

[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Rules and Regulations]
[Pages 36474-36477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15498]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Parts 1, 2, 3, 4, 5, 6, 7, 11, 12, and 13

[NPS-WASO-18005; PX.XVPAD0520.00.1]
RIN 1024-AE25


Technical Edits

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service is making technical corrections to 
its regulations. In response to Congress's enactment of Title 54 United 
States Code, the rule corrects the authority citations. The rule fixes 
typographical errors and incorrect citations and cross-references. The 
rule removes a firearms provision that was vacated by court order in 
2009 and adds language consistent with federal law governing the 
possession of firearms in National Park units. The rule removes an 
outdated reference to a designated airstrip at Lake Mead National 
Recreation Area that has been closed since 1987.

DATES: This rule is effective June 25, 2015.

FOR FURTHER INFORMATION CONTACT: Russel J. Wilson, NPS Division of 
Jurisdiction, Regulations, and Special Park Uses, (202) 208-4206, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

 Authority Citations

    In December 2014, the President signed into law H.R. 1068, thereby 
enacting Title 54 of the United States Code, ``National Park Service 
and Related Programs,'' as positive law. As a result, some (but not 
all) previous laws codified under Title 16 were repealed and replaced 
with laws under Title 54. References to 16 U.S.C. that were affected by 
H.R. 1068 should be changed to the new sections of 54 U.S.C. For 
example, the last sentence of 16 U.S.C. 1 is now codified at 54 U.S.C. 
100101. This rule changes the authority citations in parts 1-7 and 11-
13 to reflect the enactment of Title 54 and the repeal of certain laws 
under Title 16 of the U.S. Code.
    This rule also removes a number of unnecessary authority citations. 
The authority citation is only required to cite the authority that 
authorizes an agency to change the Code of Federal Regulations. Over 
the years, some of these citations have grown to include a number of 
other legal authorities that are implemented by, applied by, or 
otherwise relevant to the regulations, but that are not actual sources 
of regulatory authority. In order to streamline the regulations, these 
unnecessary citations will be removed. The removal of these citations 
is not intended to alter the meaning, effect, or interpretation of any 
statute, regulatory provision, or other legal authority.

Technical Corrections to Parts 2, 3, and 4

    This rule corrects several misspellings of the word 
``superintendent'' in Sec. Sec.  2.51 and 2.52, and fixes two incorrect 
references to ``Sec.  13.10'' in 36 CFR 3.11(b). Section 13.10 does not 
exist; the references should be to Sec.  3.10. The rule fixes an 
incorrect citation to the Federal Register in paragraph (b) of Sec.  
4.10. The citation to 37 FR 2887 is changed to 3 CFR, 1971-1975 Comp., 
p. 666.

Possession of Firearms in National Park System Units

    In 2008, the NPS promulgated a regulation (73 FR 74966) regarding 
the possession and transportation of firearms in units of the National 
Park System. This regulation was codified at 36 CFR 2.4(h) and went 
into effect on January 9, 2009. On March 19, 2009, the United States 
District Court for the District of Columbia issued a preliminary 
injunction preventing the implementation and enforcement of the 
regulation, and later issued a court order permanently vacating the 
regulation.
    In May 2009, Congress enacted a law that prevents the Secretary of 
the Interior from promulgating or enforcing ``any regulation that 
prohibits an individual from possessing a firearm, including an 
assembled or functional firearm, in any [National Park] System unit 
if--(1) the individual is not otherwise prohibited by law from 
possessing the firearm; and (2) the possession of the firearm is in 
compliance with the law of the State in which the System unit is 
located.'' 54 U.S.C. 104906. This law became effective on February 22, 
2010.
    This rule would remove the regulation at 36 CFR 2.4(h) that has 
been vacated since 2009 and would add language to Section 2.4 that is 
consistent with the 2010 statute. Removing the vacated regulation 
without adding language consistent with the 2010 statute would result 
in NPS regulations that are misleading and inconsistent with current 
federal statutory law.

Cottonwood Cove Airstrip at Lake Mead NRA

    In 1967, the NPS promulgated a regulation (32 FR 15715) designating 
Cottonwood Cove airstrip as a location authorized for landing aircraft 
within Lake Mead National Recreation Area. In 1987, the NPS decided to 
close the Cottonwood Cove landing strip because the relatively low use 
of the airstrip did not justify the high costs of maintaining it. The 
NPS determined that its limited resources were better allocated toward 
more critical projects, including the costs of maintaining the 
recreation area's busier airstrips. The Federal Aviation Administration 
deactivated the Cottonwood Cove airstrip in 1987. Since that time the 
NPS has notified the public in the recreation area's compendium that 
the airstrip has been closed. This rule removes the designation of the 
Cottonwood Cove airstrip from 36 CFR 7.48(a) to reflect the status of 
the airstrip as closed, and to avoid any confusion for the public about 
whether the airstrip is open.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.

[[Page 36475]]

    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The Executive Order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that agencies must base regulations on the best 
available science and the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more;
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions;
    (c) Does 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.

Administrative Procedure Act (Notice of Proposed Rulemaking)

    We recognize that under 5 U.S.C. 553(b) and (c) notice of proposed 
rules ordinarily must be published in the Federal Register and the 
agency must give interested parties an opportunity to submit their 
views and comments. We have determined under 5 U.S.C. 553(b) and 318 DM 
HB 5.3, however, that notice and public comment for this rule are not 
required for the following reasons:
    (1) Notice and public comment are not required to correct the 
authority citations in parts 1-7 and 11-13. This portion of the rule is 
interpretative. In addition, we find good cause to treat notice and 
comment as unnecessary for these are ministerial technical changes that 
have no impact on the public use, resources, or values of the National 
Park System.
    (2) Notice and public comment are not required to fix the 
misspellings and incorrect cross-references and citations in parts 2, 
3, and 4. We find good cause to treat notice and comment as unnecessary 
for these ministerial technical changes that have no impact on the 
public use, resources, or values of the National Park System.
    (3) Notice and public comment are not required to remove 36 CFR 
2.4(h) and add language consistent with the current governing federal 
statute. This portion of the rule is interpretative. In addition, we 
find good cause to treat notice and comment as unnecessary because 
these changes are not discretionary in nature but implement a court 
order vacating the provision and a federal statute that already applies 
in NPS units. Without including this language from the statute, the 
public would not be informed of the actual scope of the regulatory 
provisions.
    (4) Notice and public comment are not required to remove the 
designation of the Cottonwood Cove airstrip from 36 CFR 7.48(a). We 
find good cause to treat notice and comment as unnecessary. As 
discussed above, the Cottonwood Cove airstrip in Lake Mead National 
Recreation Area has been closed since 1987 and is unusable in its 
current condition. The current reference in 36 CFR 7.48 is potentially 
confusing for the public, and its removal will simply reflect 
longstanding reality. Such a correction will not benefit from public 
comment, and further delaying it is contrary to the public interest.
    We also recognize that rules ordinarily do not become effective 
until at least 30 days after their publication in the Federal Register. 
We have determined, however, that this rule shall be effective 
immediately upon publication. Portions of the rule, as discussed above, 
are interpretative and not subject to the delayed effective date 
requirement. Nor are the changes to Sec.  2.4, which recognize 
exemptions and relieve restrictions on firearm possession. Finally, we 
find that good cause exists for all portions of the rule to be 
effective immediately upon publication, for the same reasons stated in 
the above discussion on notice and comment.

Unfunded Mandates Reform Act (UMRA)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector. This rule clarifies 
NPS procedures and does not impose requirements on other agencies or 
governments. A statement containing the information required by the 
UMRA (2 U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. A Federalism 
summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    (a) Meets the criteria of section 3(a) requiring agencies to review 
all regulations to eliminate errors and ambiguity and write them to 
minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring agencies to 
write all regulations in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175 and have determined it has no substantial 
direct effects on federally recognized Indian tribes and consultation 
under the Department's tribal consultation policy is not required.

Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.)

    This rule does not contain new collections of information that 
require approval by the Office of Management and Budget under the PRA. 
The rule does not impose new recordkeeping or reporting requirements on 
State, tribal, or local governments; individuals; businesses; or 
organizations. We may not conduct or sponsor and you are not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.

[[Page 36476]]

National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the NEPA of 1969 is not required. We have determined the rule is 
categorically excluded under 43 CFR 46.210(i) because it is 
administrative, legal, and technical in nature. We also have determined 
the rule does not involve any of the extraordinary circumstances listed 
in 43 CFR 46.215 that would require further analysis under NEPA.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects in not 
required.
    Drafting Information: The primary author of this regulation was Jay 
Calhoun, Regulations Program Specialist, National Park Service, 
Washington, DC. Russel J. Wilson, Chief, Regulations, Jurisdiction, and 
Special Park Uses, National Park Service, Washington, DC, also 
contributed.

List of Subjects

36 CFR Part 1

    National parks, Penalties, Reporting and recordkeeping 
requirements, Signs and symbols.

36 CFR Part 2

    Environmental protection, National parks, Reporting and 
recordkeeping requirements.

36 CFR Part 3

    Marine safety, National parks, Reporting and recordkeeping 
requirements.

36 CFR Part 4

    National parks, Traffic regulations.

36 CFR Part 5

    Alcohol and alcoholic beverages, Business and industry, Civil 
rights, Equal employment opportunity, National parks, Transportation.

36 CFR Part 6

    National parks, Natural resources, Penalties, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements.

36 CFR Part 11

    National parks, Signs and symbols.

36 CFR Part 12

    Cemeteries, Military personnel, National parks, Reporting and 
recordkeeping requirements, Veterans.

36 CFR Part 13

    Alaska, National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service amends 
36 CFR parts 1, 2, 3, 4, 5, 6, 7, 11, 12, and 13 as follows:

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102.

PART 2--RESOURCE PROTECTION, PUBLIC USE AND RECREATION

0
2. The authority citation for part 2 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102.


0
3. Amend Sec.  2.4 as follows:
0
a. Remove paragraph (h).
0
b. Redesignate paragraphs (a) through (g) as paragraphs (b) through 
(h), respectively.
0
c. Add a new paragraph (a).
    The addition reads as follows:


Sec.  2.4  Weapons, traps and nets.

    (a) None of the provisions in this section or any regulation in 
this chapter may be enforced to prohibit an individual from possessing 
a firearm, including an assembled or functional firearm, in any 
National Park System unit if:
    (1) The individual is not otherwise prohibited by law from 
possessing the firearm; and
    (2) The possession of the firearm is in compliance with the law of 
the State in which the National Park System unit is located.
* * * * *


Sec.  2.51  [Amended]

0
4. In Sec.  2.51(e), (f), and (g), remove the word ``superintendant'' 
and add, in its place, the word ``superintendent''.


Sec.  2.52  [Amended]

0
5. In Sec.  2.52(d), (e), and (f), remove the word ``superintendant'' 
and add, in its place, the word ``superintendent''.

PART 3--BOATING AND WATER USE ACTIVITIES

0
6. The authority citation for part 3 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102.


Sec.  3.11  [Amended]

0
7. In Sec.  3.11(b), remove the term ``Sec.  13.10'' and add, in its 
place, the term ``Sec.  3.10'' and remove the term ``Sec.  
13.10(a)(2)'' and add, in its place, the term ``Sec.  3.10(a)(2)''.

PART 4--VEHICLES AND TRAFFIC SAFETY

0
8. The authority citation for part 4 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102.


Sec.  4.10  [Amended]

0
9. In Sec.  4.10(b), remove the phrase ``E.O. 11644 (37 FR 2887)'' and 
add, in its place, the phrase ``Executive Order 11644 (3 CFR, 1971-1975 
Comp., p. 666)''.

PART 5--COMMERCIAL AND PRIVATE OPERATIONS

0
10. The authority citation for part 5 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102.

PART 6--SOLID WASTE DISPOSAL SITES IN UNITS OF THE NATIONAL PARK 
SYSTEM

0
11. The authority citation for part 6 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 100903.

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
12. The authority citation for part 7 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.


Sec.  7.48  [Amended]

0
13. In Sec.  7.48, remove paragraphs (a)(4) and (5), and redesignate 
paragraph (a)(6) as paragraph (a)(4).

PART 11--ARROWHEAD AND PARKSCAPE SYMBOLS

0
14. The authority citation for part 11 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751.

[[Page 36477]]

PART 12--NATIONAL CEMETERIES

0
15. The authority citation for part 12 is revised to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102.

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

0
16. The authority citation for part 13 is revised to read as follows:

    Authority: 16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102; 
Sec. 13.1204 also issued under Sec. 1035, Pub. L. 104-333, 110 Stat. 
4240.


    Dated: June 15, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-15498 Filed 6-24-15; 8:45 am]
BILLING CODE 4310-EJ-P