80_FR_36596 80 FR 36474 - Technical Edits

80 FR 36474 - Technical Edits

DEPARTMENT OF THE INTERIOR
National Park Service

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

Page Range36474-36477
FR Document2015-15498

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 The rule removes an outdated reference to a designated airstrip at Lake Mead National Recreation Area that has been closed since 1987.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 Issue 122 (Thursday, June 25, 2015)
[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.

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

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outdated reference to a designated airstrip at Lake Mead National 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, 
russ_wilson@nps.gov.

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



                                           36474              Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations

                                           ACCESS Web site at https://                             Park Uses, (202) 208–4206, russ_                       implementation and enforcement of the
                                           access.trade.gov.                                       wilson@nps.gov.                                        regulation, and later issued a court order
                                             (ii) Manual filing. (A)                               SUPPLEMENTARY INFORMATION:                             permanently vacating the regulation.
                                           Notwithstanding § 351.303(b)(2)(i), a                                                                             In May 2009, Congress enacted a law
                                           person must manually file a data file                   Background                                             that prevents the Secretary of the
                                           that exceeds the file size limit specified              Authority Citations                                    Interior from promulgating or enforcing
                                           in the ACCESS Handbook on Electronic                                                                           ‘‘any regulation that prohibits an
                                           Filing Procedures and as referenced in                     In December 2014, the President                     individual from possessing a firearm,
                                           § 351.303(c)(3), and the data file must be              signed into law H.R. 1068, thereby                     including an assembled or functional
                                           accompanied by a cover sheet described                  enacting Title 54 of the United States                 firearm, in any [National Park] System
                                           in § 351.303(b)(3). A person may                        Code, ‘‘National Park Service and                      unit if—(1) the individual is not
                                           manually file a bulky document. If a                    Related Programs,’’ as positive law. As                otherwise prohibited by law from
                                           person elects to manually file a bulky                  a result, some (but not all) previous laws             possessing the firearm; and (2) the
                                           document, it must be accompanied by a                   codified under Title 16 were repealed                  possession of the firearm is in
                                           cover sheet described in § 351.303(b)(3).               and replaced with laws under Title 54.                 compliance with the law of the State in
                                           The Department both provides                            References to 16 U.S.C. that were                      which the System unit is located.’’ 54
                                           specifications for large data files and                 affected by H.R. 1068 should be changed                U.S.C. 104906. This law became
                                           defines bulky document standards in                     to the new sections of 54 U.S.C. For                   effective on February 22, 2010.
                                           the ACCESS Handbook on Electronic                       example, the last sentence of 16 U.S.C.                   This rule would remove the
                                           Filing Procedures, which is available on                1 is now codified at 54 U.S.C. 100101.                 regulation at 36 CFR 2.4(h) that has been
                                           the ACCESS Web site at https://                         This rule changes the authority citations              vacated since 2009 and would add
                                           access.trade.gov.                                       in parts 1–7 and 11–13 to reflect the                  language to Section 2.4 that is consistent
                                                                                                   enactment of Title 54 and the repeal of                with the 2010 statute. Removing the
                                           *      *    *     *     *                               certain laws under Title 16 of the U.S.                vacated regulation without adding
                                             Dated: May 29, 2015.                                  Code.                                                  language consistent with the 2010
                                           Paul Piquado,                                              This rule also removes a number of
                                                                                                                                                          statute would result in NPS regulations
                                           Assistant Secretary for Enforcement and                 unnecessary authority citations. The
                                                                                                                                                          that are misleading and inconsistent
                                           Compliance.                                             authority citation is only required to cite
                                                                                                                                                          with current federal statutory law.
                                           [FR Doc. 2015–15544 Filed 6–24–15; 8:45 am]             the authority that authorizes an agency
                                           BILLING CODE 3510–DS–P                                  to change the Code of Federal                          Cottonwood Cove Airstrip at Lake Mead
                                                                                                   Regulations. Over the years, some of                   NRA
                                                                                                   these citations have grown to include a                   In 1967, the NPS promulgated a
                                           DEPARTMENT OF THE INTERIOR                              number of other legal authorities that                 regulation (32 FR 15715) designating
                                                                                                   are implemented by, applied by, or                     Cottonwood Cove airstrip as a location
                                           National Park Service                                   otherwise relevant to the regulations,                 authorized for landing aircraft within
                                                                                                   but that are not actual sources of                     Lake Mead National Recreation Area. In
                                           36 CFR Parts 1, 2, 3, 4, 5, 6, 7, 11, 12,               regulatory authority. In order to                      1987, the NPS decided to close the
                                           and 13                                                  streamline the regulations, these                      Cottonwood Cove landing strip because
                                                                                                   unnecessary citations will be removed.                 the relatively low use of the airstrip did
                                           [NPS–WASO–18005; PX.XVPAD0520.00.1]                     The removal of these citations is not                  not justify the high costs of maintaining
                                           RIN 1024–AE25                                           intended to alter the meaning, effect, or              it. The NPS determined that its limited
                                                                                                   interpretation of any statute, regulatory              resources were better allocated toward
                                           Technical Edits                                         provision, or other legal authority.                   more critical projects, including the
                                           AGENCY:    National Park Service, Interior.             Technical Corrections to Parts 2, 3,                   costs of maintaining the recreation
                                           ACTION:   Final rule.                                   and 4                                                  area’s busier airstrips. The Federal
                                                                                                                                                          Aviation Administration deactivated the
                                           SUMMARY:    The National Park Service is                   This rule corrects several misspellings
                                                                                                                                                          Cottonwood Cove airstrip in 1987. Since
                                           making technical corrections to its                     of the word ‘‘superintendent’’ in §§ 2.51
                                                                                                                                                          that time the NPS has notified the
                                           regulations. In response to Congress’s                  and 2.52, and fixes two incorrect
                                                                                                                                                          public in the recreation area’s
                                           enactment of Title 54 United States                     references to ‘‘§ 13.10’’ in 36 CFR
                                                                                                                                                          compendium that the airstrip has been
                                           Code, the rule corrects the authority                   3.11(b). Section 13.10 does not exist; the
                                                                                                                                                          closed. This rule removes the
                                           citations. The rule fixes typographical                 references should be to § 3.10. The rule
                                                                                                                                                          designation of the Cottonwood Cove
                                           errors and incorrect citations and cross-               fixes an incorrect citation to the Federal
                                                                                                                                                          airstrip from 36 CFR 7.48(a) to reflect
                                           references. The rule removes a firearms                 Register in paragraph (b) of § 4.10. The
                                                                                                                                                          the status of the airstrip as closed, and
                                           provision that was vacated by court                     citation to 37 FR 2887 is changed to 3
                                                                                                                                                          to avoid any confusion for the public
                                           order in 2009 and adds language                         CFR, 1971–1975 Comp., p. 666.
                                                                                                                                                          about whether the airstrip is open.
                                           consistent with federal law governing                   Possession of Firearms in National Park
                                           the possession of firearms in National                                                                         Compliance With Other Laws,
                                                                                                   System Units
                                           Park units. The rule removes an                                                                                Executive Orders, and Department
                                                                                                      In 2008, the NPS promulgated a                      Policy
                                           outdated reference to a designated
                                                                                                   regulation (73 FR 74966) regarding the
                                           airstrip at Lake Mead National                                                                                 Regulatory Planning and Review
                                                                                                   possession and transportation of
                                           Recreation Area that has been closed                                                                           (Executive Orders 12866 and 13563)
                                                                                                   firearms in units of the National Park
Lhorne on DSK7TPTVN1PROD with RULES




                                           since 1987.
                                                                                                   System. This regulation was codified at                  Executive Order 12866 provides that
                                           DATES: This rule is effective June 25,                  36 CFR 2.4(h) and went into effect on                  the Office of Information and Regulatory
                                           2015.                                                   January 9, 2009. On March 19, 2009, the                Affairs (OIRA) in the Office of
                                           FOR FURTHER INFORMATION CONTACT:                        United States District Court for the                   Management and Budget will review all
                                           Russel J. Wilson, NPS Division of                       District of Columbia issued a                          significant rules. OIRA has determined
                                           Jurisdiction, Regulations, and Special                  preliminary injunction preventing the                  that this rule is not significant.


                                      VerDate Sep<11>2014   13:54 Jun 24, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\25JNR1.SGM   25JNR1


                                                              Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations                                           36475

                                             Executive Order 13563 reaffirms the                   technical changes that have no impact                  Takings (Executive Order 12630)
                                           principles of Executive Order 12866                     on the public use, resources, or values
                                           while calling for improvements in the                   of the National Park System.                             This rule does not effect a taking of
                                           nation’s regulatory system to promote                      (3) Notice and public comment are                   private property or otherwise have
                                           predictability, to reduce uncertainty,                  not required to remove 36 CFR 2.4(h)                   takings implications under Executive
                                           and to use the best, most innovative,                   and add language consistent with the                   Order 12630. A takings implication
                                           and least burdensome tools for                          current governing federal statute. This                assessment is not required.
                                           achieving regulatory ends. The                          portion of the rule is interpretative. In              Federalism (Executive Order 13132)
                                           Executive Order directs agencies to                     addition, we find good cause to treat
                                           consider regulatory approaches that                     notice and comment as unnecessary                        Under the criteria in section 1 of
                                           reduce burdens and maintain flexibility                 because these changes are not                          Executive Order 13132, the rule does
                                           and freedom of choice for the public                    discretionary in nature but implement a                not have sufficient federalism
                                           where these approaches are relevant,                    court order vacating the provision and                 implications to warrant the preparation
                                           feasible, and consistent with regulatory                a federal statute that already applies in              of a Federalism summary impact
                                           objectives. Executive Order 13563                       NPS units. Without including this                      statement. A Federalism summary
                                           emphasizes further that agencies must                   language from the statute, the public                  impact statement is not required.
                                           base regulations on the best available                  would not be informed of the actual
                                           science and the rulemaking process                      scope of the regulatory provisions.                    Civil Justice Reform (Executive Order
                                           must allow for public participation and                    (4) Notice and public comment are                   12988)
                                           an open exchange of ideas. We have                      not required to remove the designation                    This rule complies with the
                                           developed this rule in a manner                         of the Cottonwood Cove airstrip from 36                requirements of Executive Order 12988.
                                           consistent with these requirements.                     CFR 7.48(a). We find good cause to treat               This rule:
                                           Small Business Regulatory Enforcement                   notice and comment as unnecessary. As
                                                                                                   discussed above, the Cottonwood Cove                      (a) Meets the criteria of section 3(a)
                                           Fairness Act (SBREFA)                                                                                          requiring agencies to review all
                                                                                                   airstrip in Lake Mead National
                                              This rule is not a major rule under 5                Recreation Area has been closed since                  regulations to eliminate errors and
                                           U.S.C. 804(2), the SBREFA. This rule:                   1987 and is unusable in its current                    ambiguity and write them to minimize
                                              (a) Does not have an annual effect on                condition. The current reference in 36                 litigation; and
                                           the economy of $100 million or more;                    CFR 7.48 is potentially confusing for the
                                              (b) Will not cause a major increase in                                                                         (b) Meets the criteria of section 3(b)(2)
                                                                                                   public, and its removal will simply                    requiring agencies to write all
                                           costs or prices for consumers,
                                                                                                   reflect longstanding reality. Such a                   regulations in clear language and
                                           individual industries, Federal, State, or
                                                                                                   correction will not benefit from public                contain clear legal standards.
                                           local government agencies, or
                                                                                                   comment, and further delaying it is
                                           geographic regions;                                                                                            Consultation With Indian Tribes
                                              (c) Does not have significant adverse                contrary to the public interest.
                                                                                                      We also recognize that rules                        (Executive Order 13175 and Department
                                           effects on competition, employment,                                                                            Policy)
                                           investment, productivity, innovation, or                ordinarily do not become effective until
                                           the ability of U.S.-based enterprises to                at least 30 days after their publication in               The Department of the Interior strives
                                           compete with foreign-based enterprises.                 the Federal Register. We have                          to strengthen its government-to-
                                                                                                   determined, however, that this rule                    government relationship with Indian
                                           Administrative Procedure Act (Notice of                 shall be effective immediately upon
                                           Proposed Rulemaking)                                                                                           tribes through a commitment to
                                                                                                   publication. Portions of the rule, as                  consultation with Indian tribes and
                                              We recognize that under 5 U.S.C.                     discussed above, are interpretative and                recognition of their right to self-
                                           553(b) and (c) notice of proposed rules                 not subject to the delayed effective date
                                                                                                                                                          governance and tribal sovereignty. We
                                           ordinarily must be published in the                     requirement. Nor are the changes to
                                                                                                                                                          have evaluated this rule under the
                                           Federal Register and the agency must                    § 2.4, which recognize exemptions and
                                                                                                                                                          Department’s consultation policy and
                                           give interested parties an opportunity to               relieve restrictions on firearm
                                                                                                                                                          under the criteria in Executive Order
                                           submit their views and comments. We                     possession. Finally, we find that good
                                                                                                                                                          13175 and have determined it has no
                                           have determined under 5 U.S.C. 553(b)                   cause exists for all portions of the rule
                                                                                                                                                          substantial direct effects on federally
                                           and 318 DM HB 5.3, however, that                        to be effective immediately upon
                                                                                                                                                          recognized Indian tribes and
                                           notice and public comment for this rule                 publication, for the same reasons stated
                                                                                                                                                          consultation under the Department’s
                                           are not required for the following                      in the above discussion on notice and
                                                                                                                                                          tribal consultation policy is not
                                           reasons:                                                comment.
                                                                                                                                                          required.
                                              (1) Notice and public comment are                    Unfunded Mandates Reform Act
                                           not required to correct the authority                   (UMRA)                                                 Paperwork Reduction Act (PRA) (44
                                           citations in parts 1–7 and 11–13. This                                                                         U.S.C. 3501 et seq.)
                                           portion of the rule is interpretative. In                  This rule does not impose an
                                           addition, we find good cause to treat                   unfunded mandate on State, local, or                     This rule does not contain new
                                           notice and comment as unnecessary for                   tribal governments or the private sector               collections of information that require
                                           these are ministerial technical changes                 of more than $100 million per year. The                approval by the Office of Management
                                           that have no impact on the public use,                  rule does not have a significant or                    and Budget under the PRA. The rule
                                           resources, or values of the National Park               unique effect on State, local or tribal                does not impose new recordkeeping or
                                           System.                                                 governments or the private sector. This                reporting requirements on State, tribal,
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                                              (2) Notice and public comment are                    rule clarifies NPS procedures and does                 or local governments; individuals;
                                           not required to fix the misspellings and                not impose requirements on other                       businesses; or organizations. We may
                                           incorrect cross-references and citations                agencies or governments. A statement                   not conduct or sponsor and you are not
                                           in parts 2, 3, and 4. We find good cause                containing the information required by                 required to respond to a collection of
                                           to treat notice and comment as                          the UMRA (2 U.S.C. 1531 et seq.) is not                information unless it displays a
                                           unnecessary for these ministerial                       required.                                              currently valid OMB control number.


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                                           36476              Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations

                                           National Environmental Policy Act                       36 CFR Part 11                                         PART 3—BOATING AND WATER USE
                                           (NEPA)                                                                                                         ACTIVITIES
                                                                                                       National parks, Signs and symbols.
                                              This rule does not constitute a major
                                                                                                   36 CFR Part 12                                         ■ 6. The authority citation for part 3 is
                                           Federal action significantly affecting the
                                                                                                                                                          revised to read as follows:
                                           quality of the human environment. A                       Cemeteries, Military personnel,
                                           detailed statement under the NEPA of                                                                             Authority: 54 U.S.C. 100101, 100751,
                                                                                                   National parks, Reporting and
                                           1969 is not required. We have                                                                                  320102.
                                                                                                   recordkeeping requirements, Veterans.
                                           determined the rule is categorically                                                                           § 3.11    [Amended]
                                           excluded under 43 CFR 46.210(i)                         36 CFR Part 13
                                           because it is administrative, legal, and                                                                       ■  7. In § 3.11(b), remove the term
                                                                                                     Alaska, National parks, Reporting and
                                           technical in nature. We also have                                                                              ‘‘§ 13.10’’ and add, in its place, the term
                                                                                                   recordkeeping requirements.
                                           determined the rule does not involve                                                                           ‘‘§ 3.10’’ and remove the term
                                           any of the extraordinary circumstances                    In consideration of the foregoing, the               ‘‘§ 13.10(a)(2)’’ and add, in its place, the
                                           listed in 43 CFR 46.215 that would                      National Park Service amends 36 CFR                    term ‘‘§ 3.10(a)(2)’’.
                                           require further analysis under NEPA.                    parts 1, 2, 3, 4, 5, 6, 7, 11, 12, and 13
                                                                                                   as follows:                                            PART 4—VEHICLES AND TRAFFIC
                                           Effects on the Energy Supply (Executive                                                                        SAFETY
                                           Order 13211)                                            PART 1—GENERAL PROVISIONS
                                             This rule is not a significant energy                                                                        ■ 8. The authority citation for part 4 is
                                           action under the definition in Executive                ■ 1. The authority citation for part 1 is              revised to read as follows:
                                           Order 13211. A Statement of Energy                      revised to read as follows:                              Authority: 54 U.S.C. 100101, 100751,
                                           Effects in not required.                                  Authority: 54 U.S.C. 100101, 100751,                 320102.
                                             Drafting Information: The primary                     320102.
                                                                                                                                                          § 4.10    [Amended]
                                           author of this regulation was Jay
                                                                                                   PART 2—RESOURCE PROTECTION,                            ■  9. In § 4.10(b), remove the phrase
                                           Calhoun, Regulations Program
                                                                                                   PUBLIC USE AND RECREATION                              ‘‘E.O. 11644 (37 FR 2887)’’ and add, in
                                           Specialist, National Park Service,
                                           Washington, DC. Russel J. Wilson,                                                                              its place, the phrase ‘‘Executive Order
                                           Chief, Regulations, Jurisdiction, and                   ■ 2. The authority citation for part 2 is              11644 (3 CFR, 1971–1975 Comp., p.
                                           Special Park Uses, National Park                        revised to read as follows:                            666)’’.
                                           Service, Washington, DC, also                             Authority: 54 U.S.C. 100101, 100751,
                                           contributed.                                            320102.                                                PART 5—COMMERCIAL AND PRIVATE
                                                                                                                                                          OPERATIONS
                                           List of Subjects                                        ■ 3. Amend § 2.4 as follows:
                                                                                                   ■ a. Remove paragraph (h).                             ■ 10. The authority citation for part 5 is
                                           36 CFR Part 1
                                                                                                                                                          revised to read as follows:
                                                                                                   ■ b. Redesignate paragraphs (a) through
                                             National parks, Penalties, Reporting                                                                           Authority: 54 U.S.C. 100101, 100751,
                                                                                                   (g) as paragraphs (b) through (h),
                                           and recordkeeping requirements, Signs                                                                          320102.
                                                                                                   respectively.
                                           and symbols.
                                                                                                   ■ c. Add a new paragraph (a).                          PART 6—SOLID WASTE DISPOSAL
                                           36 CFR Part 2
                                                                                                      The addition reads as follows:                      SITES IN UNITS OF THE NATIONAL
                                             Environmental protection, National                                                                           PARK SYSTEM
                                                                                                   § 2.4    Weapons, traps and nets.
                                           parks, Reporting and recordkeeping
                                           requirements.                                              (a) None of the provisions in this                  ■ 11. The authority citation for part 6 is
                                                                                                   section or any regulation in this chapter              revised to read as follows:
                                           36 CFR Part 3
                                                                                                   may be enforced to prohibit an                           Authority: 54 U.S.C. 100101, 100751,
                                             Marine safety, National parks,                        individual from possessing a firearm,                  100903.
                                           Reporting and recordkeeping                             including an assembled or functional
                                           requirements.                                           firearm, in any National Park System                   PART 7—SPECIAL REGULATIONS,
                                                                                                   unit if:                                               AREAS OF THE NATIONAL PARK
                                           36 CFR Part 4                                                                                                  SYSTEM
                                                                                                      (1) The individual is not otherwise
                                              National parks, Traffic regulations.                 prohibited by law from possessing the
                                                                                                   firearm; and                                           ■ 12. The authority citation for part 7 is
                                           36 CFR Part 5                                                                                                  revised to read as follows:
                                                                                                      (2) The possession of the firearm is in
                                             Alcohol and alcoholic beverages,                      compliance with the law of the State in                  Authority: 54 U.S.C. 100101, 100751,
                                           Business and industry, Civil rights,                    which the National Park System unit is                 320102; Sec. 7.96 also issued under D.C.
                                           Equal employment opportunity,                                                                                  Code 10–137 and D.C. Code 50–2201.07.
                                                                                                   located.
                                           National parks, Transportation.
                                                                                                   *      *    *     *    *                               § 7.48    [Amended]
                                           36 CFR Part 6
                                                                                                   § 2.51    [Amended]                                    ■ 13. In § 7.48, remove paragraphs (a)(4)
                                             National parks, Natural resources,                                                                           and (5), and redesignate paragraph (a)(6)
                                           Penalties, Reporting and recordkeeping                  ■ 4. In § 2.51(e), (f), and (g), remove the            as paragraph (a)(4).
                                           requirements, Waste treatment and                       word ‘‘superintendant’’ and add, in its
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                                           disposal.                                               place, the word ‘‘superintendent’’.                    PART 11—ARROWHEAD AND
                                                                                                                                                          PARKSCAPE SYMBOLS
                                           36 CFR Part 7                                           § 2.52    [Amended]

                                             District of Columbia, National parks,                 ■ 5. In § 2.52(d), (e), and (f), remove the            ■  14. The authority citation for part 11
                                           Reporting and recordkeeping                             word ‘‘superintendant’’ and add, in its                is revised to read as follows:
                                           requirements.                                           place, the word ‘‘superintendent’’.                        Authority: 54 U.S.C. 100101, 100751.



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                                                              Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations                                          36477

                                           PART 12—NATIONAL CEMETERIES                             ADDRESSES:    Submit your comments,                    index. Although listed in the index,
                                                                                                   identified by Docket ID No. EPA–R05–                   some information is not publicly
                                           ■  15. The authority citation for part 12               OAR–2014–0385, by one of the                           available, e.g., CBI or other information
                                           is revised to read as follows:                          following methods:                                     whose disclosure is restricted by statute.
                                             Authority: 54 U.S.C. 100101, 100751,                     1. www.regulations.gov: Follow the                  Certain other material, such as
                                           320102.                                                 on-line instructions for submitting                    copyrighted material, will be publicly
                                                                                                   comments.                                              available only in hard copy. Publicly
                                           PART 13—NATIONAL PARK SYSTEM                               2. Email: damico.genevieve@epa.gov.                 available docket materials are available
                                           UNITS IN ALASKA                                            3. Fax: (312) 385–5501.                             either electronically in
                                                                                                      4. Mail: Genevieve Damico, Chief, Air               www.regulations.gov or in hard copy at
                                           ■  16. The authority citation for part 13               Permits Section, Air Programs Branch                   the Environmental Protection Agency,
                                           is revised to read as follows:                          (AR–18J), U.S. Environmental                           Region 5, Air and Radiation Division, 77
                                              Authority: 16 U.S.C. 3124; 54 U.S.C.
                                                                                                   Protection Agency, 77 West Jackson                     West Jackson Boulevard, Chicago,
                                           100101, 100751, 320102; Sec. 13.1204 also               Boulevard, Chicago, Illinois 60604.                    Illinois 60604. This facility is open from
                                           issued under Sec. 1035, Pub. L. 104–333, 110               5. Hand Delivery: Genevieve Damico,
                                                                                                                                                          8:30 a.m. to 4:30 p.m., Monday through
                                           Stat. 4240.                                             Chief, Air Permits Section, Air Programs
                                                                                                                                                          Friday, excluding Federal holidays. We
                                                                                                   Branch (AR–18J), U.S. Environmental
                                             Dated: June 15, 2015.                                                                                        recommend that you telephone
                                                                                                   Protection Agency, 77 West Jackson
                                                                                                                                                          Charmagne Ackerman, Environmental
                                           Michael Bean,                                           Boulevard, Chicago, Illinois 60604.
                                                                                                                                                          Engineer, at (312) 886–0448 before
                                           Principal Deputy Assistant Secretary for Fish           Such deliveries are only accepted
                                                                                                                                                          visiting the Region 5 office.
                                           and Wildlife and Parks.                                 during the Regional Office normal hours
                                           [FR Doc. 2015–15498 Filed 6–24–15; 8:45 am]             of operation, and special arrangements                 FOR FURTHER INFORMATION CONTACT:
                                           BILLING CODE 4310–EJ–P                                  should be made for deliveries of boxed                 Charmagne Ackerman, Environmental
                                                                                                   information. The Regional Office official              Engineer, Air Permits Section, Air
                                                                                                   hours of business are Monday through                   Programs Branch (AR–18J),
                                                                                                   Friday, 8:30 a.m. to 4:30 p.m., excluding              Environmental Protection Agency,
                                           ENVIRONMENTAL PROTECTION                                Federal holidays.                                      Region 5, 77 West Jackson Boulevard,
                                           AGENCY                                                     Instructions: Direct your comments to               Chicago, Illinois 60604, (312) 886–0448,
                                                                                                   Docket ID No. EPA–R05–OAR–2014–                        Ackerman.charmagne@epa.gov.
                                           40 CFR Part 52                                          0385. EPA’s policy is that all comments                SUPPLEMENTARY INFORMATION:
                                                                                                   received will be included in the public                Throughout this document whenever
                                           [EPA–R05–OAR–2014–0385; FRL–9928–57–
                                           Region 5]                                               docket without change and may be                       ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                   made available online at                               EPA. This supplementary information
                                           Approval and Promulgation of Air                        www.regulations.gov, including any                     section is arranged as follows:
                                           Quality Implementation Plans; Ohio;                     personal information provided, unless                    I. Background
                                           Ohio PM2.5 NSR                                          the comment includes information                         II. What action is EPA taking?
                                                                                                   claimed to be Confidential Business                      III. Incorporation by Reference
                                           AGENCY: Environmental Protection                        Information (CBI) or other information                   IV. Statutory and Executive Order Reviews
                                           Agency (EPA)                                            whose disclosure is restricted by statute.
                                           ACTION: Direct final rule.                              Do not submit information that you                     I. Background
                                                                                                   consider to be CBI or otherwise                           On June 19, 2014, OEPA submitted to
                                           SUMMARY:   The Environmental Protection                 protected through www.regulations.gov                  EPA revisions to Ohio Administrative
                                           Agency (EPA) is approving, under the                    or email. The www.regulations.gov Web                  Code (OAC) chapter 3745–31. Revisions
                                           Clean Air Act (CAA), revisions to Ohio’s                site is an ‘‘anonymous access’’ system,                were made to the following rules: 3745–
                                           state implementation plan (SIP) as                      which means EPA will not know your                     31–01 through 3745–31–04, OAC 3745–
                                           requested by the Ohio Environmental                     identity or contact information unless                 31–06 through 3745–31–23, 3745–31–
                                           Protection Agency (OEPA) on June 19,                    you provide it in the body of your                     25, 3745–31–26, 3745–31–29 and 3745–
                                           2014. The revisions to Ohio’s SIP                       comment. If you send an email                          31–32. The changes made were to
                                           implement certain EPA regulations for                   comment directly to EPA without going                  implement the PM2.5 National Ambient
                                           particulate matter smaller than 2.5                     through www.regulations.gov your email                 Air Quality Standards (NAAQS), PM2.5
                                           micrometers (PM2.5) by establishing                     address will be automatically captured                 New Source Review (NSR) program and
                                           definitions related to PM2.5, defining                  and included as part of the comment                    regulations related to nitrogen oxides
                                           PM2.5 increment levels, and setting                     that is placed in the public docket and                (NOX) as a precursor to ozone; include
                                           PM2.5 class 1 variances. The revisions                  made available on the Internet. If you                 definitions for ‘‘PM2.5,’’ ‘‘PM2.5 direct
                                           also incorporate changes made to                        submit an electronic comment, EPA                      emissions,’’ ‘‘PM2.5 emissions,’’ ‘‘PM2.5
                                           definitions clarifying terminology                      recommends that you include your                       precursor,’’ ‘‘emergency,’’ ‘‘emergency
                                           consistent with Federal regulations,                    name and other contact information in                  engine,’’ ‘‘permanent,’’ ‘‘publicly owned
                                           adding Federal land manager                             the body of your comment and with any                  treatment works,’’ ‘‘quantifiable,’’
                                           notification requirements, and                          disk or CD–ROM you submit. If EPA                      ‘‘semi-public disposal system,’’ and
                                           incorporating minor organizational or                   cannot read your comment due to                        ‘‘surplus’’; include Federal land
                                           typographical changes.                                  technical difficulties and cannot contact              manager notification requirements;
                                           DATES: This direct final rule will be                   you for clarification, EPA may not be                  clarification of nonattainment
                                           effective August 24, 2015, unless EPA                   able to consider your comment.                         provisions; and minor clarification and
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                                           receives adverse comments by July 27,                   Electronic files should avoid the use of               organizational revisions. In a letter
                                           2015. If adverse comments are received,                 special characters, any form of                        dated March 26, 2015, OEPA requested
                                           EPA will publish a timely withdrawal of                 encryption, and be free of any defects or              that we not take action on OAC 3745–
                                           the direct final rule in the Federal                    viruses.                                               31–01(QQQQ) for the definition of
                                           Register informing the public that the                     Docket: All documents in the docket                 ‘‘permanent’’; OAC 3745–31–01(JJJJJ) for
                                           rule will not take effect.                              are listed in the www.regulations.gov                  the definition of ‘‘quantifiable’’; OAC


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Document Created: 2015-12-15 14:17:10
Document Modified: 2015-12-15 14:17:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective June 25, 2015.
ContactRussel J. Wilson, NPS Division of Jurisdiction, Regulations, and Special Park Uses, (202) 208-4206, [email protected]
FR Citation80 FR 36474 
RIN Number1024-AE25
CFR Citation36 CFR 11
36 CFR 12
36 CFR 13
36 CFR 1
36 CFR 2
36 CFR 3
36 CFR 4
36 CFR 5
36 CFR 6
36 CFR 7
CFR AssociatedNational Parks; Penalties; Reporting and Recordkeeping Requirements; Signs and Symbols; Cemeteries; Military Personnel; Veterans; Alaska; Environmental Protection; Marine Safety; Traffic Regulations; Alcohol and Alcoholic Beverages; Business and Industry; Civil Rights; Equal Employment Opportunity; Transportation; Natural Resources; Waste Treatment and Disposal and District of Columbia

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