80_FR_40118 80 FR 39985 - Special Regulations, Areas of the National Park System, Lake Chelan National Recreation Area, Solid Waste Disposal

80 FR 39985 - Special Regulations, Areas of the National Park System, Lake Chelan National Recreation Area, Solid Waste Disposal

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 133 (July 13, 2015)

Page Range39985-39988
FR Document2015-17025

The National Park Service proposes to authorize a solid waste transfer station near Stehekin, Washington, within the boundary of Lake Chelan National Recreation Area, that does not meet all regulatory siting criteria and accepts solid waste generated within the boundary of the recreation area from non-NPS activities. The proposed rule would authorize this transfer station, notwithstanding certain restrictions found in the general regulations governing solid waste disposal sites in units of the National Park System.

Federal Register, Volume 80 Issue 133 (Monday, July 13, 2015)
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Proposed Rules]
[Pages 39985-39988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17025]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-LACH-18360; PPPWNOCAM3 PPMOMFO1Z.F00000]
RIN 1024-AE09


Special Regulations, Areas of the National Park System, Lake 
Chelan National Recreation Area, Solid Waste Disposal

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to authorize a solid waste 
transfer station near Stehekin, Washington, within the boundary of Lake 
Chelan National Recreation Area, that does not meet all regulatory 
siting criteria and accepts solid waste generated within the boundary 
of the recreation area from non-NPS activities. The proposed rule would 
authorize this transfer station, notwithstanding certain restrictions 
found in the general regulations governing solid waste disposal sites 
in units of the National Park System.

DATES: Comments must be received by 11:59 p.m. EST on October 13, 2015.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE09, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: National Park Service, North 
Cascades National Park Complex, 810 State Route 20, Sedro-Woolley, WA 
98284, Attn: Kerri L. Cook, Facility Operations Specialist.
    Instructions: All submissions received must include the words 
``National Park Service'' or ``NPS'' and the docket number or RIN 
(1024-AE09) for this rulemaking. Comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided. The NPS need not consider comments that it 
receives after the end of the comment period (see DATES) or comments 
delivered using a method that is not listed above (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Kerri L. Cook, Facility Operations 
Specialist, National Park Service, North Cascades National Park 
Complex, 810 State Route 20, Sedro-Woolley, WA 98284; (360) 854-7280. 
Email: Kerri_Cook@nps.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On December 22, 1994, the National Park Service (NPS) adopted the 
regulations codified at 36 CFR part 6 to implement a statutory 
requirement of Public Law 98-506 (54 U.S.C. 100903) (Act), which was 
enacted in 1984. The Act prohibits the operation of a solid waste 
disposal site within the boundary of any unit of the National Park 
System except for those operating as of September 1, 1984, or those 
``used only for disposal of wastes generated within that unit of the 
park system so long as such site will not degrade any of the natural or 
cultural resources of such park unit.'' The Act directed the Secretary 
of the Interior to promulgate regulations ``to carry out the provisions

[[Page 39986]]

of this subsection, including reasonable regulations to mitigate the 
adverse effects of solid waste disposal sites in operation as of 
September 1, 1984, upon property of the United States.''
    36 CFR part 6 regulates both existing and new solid waste disposal 
sites within the boundaries of any unit of the National Park System to 
ensure that operation of such sites will not degrade the natural or 
cultural resources of the park unit. Transfer stations are included in 
the definition of ``solid waste disposal site'' in Sec.  6.3 and are 
therefore subject to 36 CFR part 6.
    Section 6.4(a) prohibits any person (including NPS) from operating 
a new solid waste disposal site within the boundaries of a park unit 
unless the criteria in Sec.  6.4(a) are met. Section 6.4(a)(1) requires 
that the solid waste handled by the site is generated solely from 
``National Park Service activities,'' defined in Sec.  6.3 as 
``operations conducted by the National Park Service or a National Park 
Service contractor, concessionaire or commercial use licensee.'' 
Section 6.4(a)(9) requires that ``the site is not located within one 
mile of a National Park Service visitor center, campground, ranger 
station, entrance station, or similar public use facility, or a 
residential area.'' Section 6.4(a)(10) requires that the site is not 
detectable by public sight, sound, or odor from a scenic vista, a 
public use facility, a designated or proposed wilderness area, a site 
listed on (or eligible for listing on) the National Register of 
Historic Places, or a public road. Section 6.8(a) prohibits the NPS 
from accepting waste at an NPS operated solid waste disposal site, 
except for waste generated by NPS activities.

Proposed Rule

    The NPS proposes a park-specific regulation in 36 CFR 7.62 to 
authorize a limited exception to the part 6 requirements described 
above. The proposed rule would authorize an NPS transfer station on 
federal lands near Stehekin, Washington, within the boundary of Lake 
Chelan National Recreation Area (LACH or park), that does not satisfy 
all of the siting requirements in part 6 and that accepts non-NPS waste 
generated by the Stehekin community. The need for this proposed 
regulation is explained below.
    Stehekin is a remote community of approximately 75 year-round plus 
80 seasonal residents, located on privately owned land within the 
statutory boundary of LACH. Stehekin is located at the head of 55-mile-
long Lake Chelan and is accessible only by boat, float plane, or foot 
trail. Non-NPS services and facilities in Stehekin include seasonal 
lodging, food operations, and other small businesses that help support 
35,000-45,000 park visitors annually. NPS operates the only facility in 
the Stehekin Valley for the management of solid waste. Waste 
consolidated at the NPS transfer station is shipped by barge 55 miles 
down the lake for ultimate disposal. Geographically isolated private 
residents and businesses in Stehekin have no feasible method of 
properly disposing solid waste other than the NPS transfer station. 
Consequently, NPS has for many years accepted Stehekin community waste 
in its transfer station to deter small dumps on private lands and 
illegal dumping on public lands. Although the Act does not prohibit NPS 
from receiving Stehekin waste, this waste does not qualify as waste 
generated from ``National Park Service activities'' under the existing 
regulations, so the current practice of accepting waste from Stehekin 
at the existing NPS transfer station conflicts with Sec. Sec.  
6.4(a)(1) and 6.8(a) of 36 CFR part 6.
    The existing NPS transfer station is located within the 100-year 
floodplain and is part of a larger maintenance facility that is being 
relocated outside of the Stehekin River floodplain due to frequent 
flooding.\1\ The NPS seeks to build a new transfer station at the site 
of the new maintenance facility in a more environmentally suitable 
location within LACH but outside the 100-year floodplain. The NPS has 
determined that there is no available or suitable nonfederal land, and 
a limited amount of buildable federal land, outside the floodplain in 
the lower Stehekin River valley.\2\ The NPS has also determined that, 
due to geographic constraints, there are no suitable locations for the 
new transfer station that comply with the site location requirements in 
Sec.  6.4(a)(9) and (10). Specifically, like the existing maintenance 
facility and transfer station, the proposed site of the new transfer 
station: (i) Is located within one mile of a campground (Harlequin 
Campground) and residential housing; (ii) will likely be visible from 
scenic vistas and off-trail areas in designated wilderness areas; (iii) 
may be heard from a campground (Harlequin Campground); and (iv) may be 
detectable by sight, sound, or odor from a road open to public travel.
---------------------------------------------------------------------------

    \1\ For more information about flooding in the Stehekin River 
Channel Migration Zone and plans to move the existing maintenance 
facility, see the Stehekin River Corridor Implementation Plan and 
Final Environmental Impact Statement (FEIS) which can be viewed at 
the park's planning Web site, http://www.nps.gov/noca/parkmgmt/planning.htm, then click on the link entitled ``Stehekin River 
Corridor Implementation Plan/Environmental Impact Statement 
(2012).''
    \2\ See the Replacement of Administrative Facilities at Stehekin 
Environmental Assessment that tiers off the 2012 FEIS and 
specifically evaluates what facilities would be constructed and 
precisely where they would be located. This document can be viewed 
at http://parkplanning.nps.gov/SMFRP by clicking on ``Document 
List.''
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    The NPS has determined that in these unique circumstances, it would 
best protect park resources to allow the NPS transfer station, whether 
at the existing or proposed location, to accept waste generated by the 
community of Stehekin, notwithstanding the prohibition on accepting 
non-NPS waste in Sec. Sec.  6.4(a)(1) and 6.8(a) and the siting 
criteria in Sec.  6.4(a)(9) and (10). Due to its geographic isolation, 
the community of Stehekin has no environmentally responsible or 
practicable alternative for the disposal of its waste, much of which is 
generated by the provision of essential services to thousands of park 
visitors each year. Prohibiting this community from using the existing 
or proposed NPS transfer station could result in the illegal disposal 
of waste on park lands, or other disposal practices which would degrade 
the natural resources of LACH. In this exceptional situation, accepting 
non-NPS-generated waste for transfer and ultimate disposal outside the 
park boundary would pose significantly fewer environmental land use 
concerns than other alternatives. This determination is supported by 
the analysis contained in the November 2014 Replacement of 
Administrative Facilities at Stehekin Environmental Assessment (EA), 
which examined the environmental impacts of the continued operation of 
the existing NPS transfer station and the construction and operation of 
the new transfer station, which will employ contemporary environmental 
methods for handling waste.
    The NPS promulgates a special regulation to authorize an exception 
to a prohibition found in a general regulation only in limited 
circumstances. The only other exceptions to the part 6 requirements 
have been granted by special regulation for Alaskan parks under similar 
circumstances, where geographically isolated communities have no 
feasible alternative for solid waste disposal that complies with the 
part 6 requirements. The proposed rule would accommodate the 
exceptional circumstances of the Stehekin community, which is located 
in a remote area within the boundary of LACH and which has no other 
practicable options for environmentally responsible solid-waste 
disposal. It is designed only to authorize the operation of the 
existing transfer station and the proposed transfer station at the

[[Page 39987]]

locations identified in the EA, which the NPS believes would best 
protect park resources based upon the analysis contained in the EA. All 
other requirements in part 6 would remain in effect and apply to the 
existing and new NPS transfer station, including the requirement in 
Sec.  6.4(a)(3) that the site of the existing and new facility ``will 
not degrade any of the natural or cultural resources'' of LACH. The 
proposed rule is consistent with the Act, which does not prohibit solid 
waste disposal sites from handling waste generated by non-NPS 
activities provided the waste is generated within a park unit and will 
not degrade any of the park unit's natural or cultural resources. The 
proposed rule does not supersede or replace other requirements 
applicable to solid waste disposal sites, including the requirement 
(unless there is an approved waiver) in Director's Order #35B (Sale of 
National Park Service Produced Utilities) that NPS recover the cost of 
utilities (including the collection and disposal of solid waste) 
provided to non-NPS users.
    Under these circumstances, the NPS has determined that the 
exceptions to part 6 in the proposed rule are necessary and would 
protect park resources by authorizing the NPS to accept solid waste 
generated by the community of Stehekin in the existing and proposed 
transfer stations.

Compliance With Other Laws, Executive Orders, and Departmental 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 proposed 
rule is not significant.
    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. It emphasizes further that 
regulations must be based on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this proposed rule in a manner 
consistent with these requirements.

Regulatory Flexibility Act

    This rulemaking will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This certification is based on the benefit-
cost and regulatory flexibility analyses found in the report entitled 
``Benefit-Cost and Regulatory Flexibility Analyses: Solid Waste 
Management at Lake Chelan National Recreation Area'' which can be 
viewed online at http://parkplanning.nps.gov/SMFRP by clicking the link 
entitled ``Document List.''

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
SBREFA. This proposed 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.

Unfunded Mandates Reform Act

    This proposed 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 proposed rule does not have a significant or 
unique effect on State, local, or tribal governments or the private 
sector. A statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking 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, this 
proposed 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 proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this rule:
    a. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    b. Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (E.O. 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 
proposed rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and have determined that tribal 
consultation is not required because the proposed rule will have no 
substantial direct effect on federally recognized Indian tribes.
    In May and July 2014, the NPS sent letters to the Tribal Historic 
Preservation Officers for the Colville Confederated Tribes and the 
Confederated Tribes and Bands of the Yakama Nation inviting comment 
regarding the inventory, evaluation, and finding of no effect on 
cultural resources within the project area. This encompasses the 
relocation of all maintenance facilities, including the transfer 
station, as proposed in the preferred alternative (Alternative 2) in 
the EA. These tribes did not identify any significant concerns related 
to the project.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This proposed rule does not contain information collection 
requirements, and a submission to the Office of Management and Budget 
under the Paperwork Reduction Act is not required. 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.

National Environmental Policy Act of 1969 (NEPA)

    We have prepared an environmental assessment to determine whether 
this rulemaking will have a significant impact on the quality of the 
human environment under NEPA. This

[[Page 39988]]

proposed rule would implement part of the preferred alternative 
(Alternative 2) in the EA that is referenced above and available online 
at http://parkplanning.nps.gov/SMFRP by clicking on ``Document List.''

Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211. A Statement of Energy Effects is 
not required.

Clarity of This Regulation

    The NPS is required by Executive Orders 12866 (section 1(b)(12)), 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    a. Be logically organized;
    b. Use the active voice to address readers directly;
    c. Use common, everyday words and clear language rather than 
jargon;
    d. Be divided into short sections and sentences; and
    e. Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES section above. To 
better help us revise this proposed rule, your comments should be as 
specific as possible. For example, you should tell us the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

Drafting Information

    The primary author of this proposed regulation is Jay Calhoun, 
Regulations Program Specialist, Division of Regulations, Jurisdiction, 
and Special Park Uses, National Park Service, 1849 C Street NW., 
Washington, DC 20240.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section above.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, NPS proposes to amend 36 CFR 
part 7 as follows:

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

0
1. The authority citation for part 7 continues to read as follows:

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

0
2. In Sec.  7.62, add paragraph (d) as follows:


Sec.  7.62  Lake Chelan National Recreation Area.

* * * * *
    (d) Solid waste disposal. A solid waste transfer station located 
near Stehekin within the boundary of Lake Chelan National Recreation 
Area must comply with all provisions in 36 CFR part 6, except it may:
    (1) Accept solid waste generated within the boundary of the park 
unit that was not generated by National Park Service activities;
    (2) Be located within one mile of a campground or a residential 
area;
    (3) Be visible by the public from scenic vistas or off-trail areas 
in designated wilderness areas;
    (4) Be detectable by the public by sound from a campground; and
    (5) Be detectable by the public by sight, sound, or odor from a 
road open to public travel.

    Dated: July 1, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-17025 Filed 7-10-15; 8:45 am]
 BILLING CODE 4310-EJ-P



                                                                                Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules                                                       39985

                                                                          Component                                                 Program or activity                                         Authority

                                                  Departmental Offices, Office of Domestic Fi-                       State Small Business Credit Initiative ..............   Small Business Jobs Act of 2010, 12 U.S.C.
                                                     nance, Office of Small Business, Community                                                                               5701 et seq.
                                                     Development, and Housing Policy.
                                                  Internal Revenue Service ..................................        Tax Counseling for the Elderly Grant Program            Revenue Act of 1978 sec. 163, Pub. L. 95–
                                                                                                                                                                                600, 92 Stat 2763, 2810–2811.
                                                  Internal Revenue Service ..................................        Volunteer Income Tax Assistance Program ....            Tax Reform Act of 1969, Pub. L. 91–172, 83
                                                                                                                                                                                Stat. 487.
                                                  Internal Revenue Service ..................................        Volunteer Income Tax Assistance Grant Pro-              Consolidated Appropriations Act, Pub. L. 110–
                                                                                                                       gram.                                                    161, 121 Stat. 1844, 1975–76 (2007).
                                                  Internal Revenue Service ..................................        Low Income Taxpayer Clinic Grant Program ..             Internal Revenue Service Restructuring and
                                                                                                                                                                                Reform Act of 1998 sec. 3601, 26 U.S.C.
                                                                                                                                                                                7526.
                                                  United States Mint .............................................   U.S. Commemorative Coin Programs .............          Specific acts of Congress that authorize
                                                                                                                                                                                United States commemorative coin and
                                                                                                                                                                                medal programs provide assistance. See,
                                                                                                                                                                                e.g., the Louis Braille Bicentennial—Braille
                                                                                                                                                                                Literacy Commemorative Coin Act, Pub. L.
                                                                                                                                                                                109–247 (2006); the Boy Scouts of America
                                                                                                                                                                                Centennial Commemorative Coin Act, Pub.
                                                                                                                                                                                L. 110–363 (2008); the American Veterans
                                                                                                                                                                                Disabled for Life Commemorative Coin Act,
                                                                                                                                                                                Pub. L. 110–277 (2008); and the National
                                                                                                                                                                                September 11 Memorial & Museum Com-
                                                                                                                                                                                memorative Medal Act of 2010, Pub. L.
                                                                                                                                                                                111–221 (2010).
                                                  Departmental Offices, Treasury Executive Of-                       Equitable sharing program (transfer of for-             18 U.S.C. 981(e)(2); 21 U.S.C. 881(e)(1)(A);
                                                    fice for Asset Forfeiture.                                         feited property to state and local law en-               31 U.S.C. 9703.
                                                                                                                       forcement agencies).
                                                  Various Treasury Bureaus and Offices (includ-                      Unreimbursed detail of Federal Employees                5 U.S.C. 3371 through 3376.
                                                    ing the Internal Revenue Service).                                 through the Intergovernmental Personnel
                                                                                                                       Act.
                                                  Departmental Offices, Office of the Fiscal As-                     Grants under the RESTORE Act’s Direct                   Resources and Ecosystems Sustainability,
                                                    sistant Secretary.                                                 Component and Centers of Excellence pro-                Tourist Opportunities, and Revived Econo-
                                                                                                                       gram and supplemental compliance respon-                mies of the Gulf Coast States Act of 2012,
                                                                                                                       sibilities for its Comprehensive Plan and               Pub. L. 112–141.
                                                                                                                       Spill Impact Components.



                                                  Brodi Fontenot,                                                    recreation area from non-NPS activities.                period (see DATES) or comments
                                                  Assistant Secretary for Management.                                The proposed rule would authorize this                  delivered using a method that is not
                                                  [FR Doc. 2015–17034 Filed 7–10–15; 8:45 am]                        transfer station, notwithstanding certain               listed above (see ADDRESSES).
                                                  BILLING CODE 4810–25–P
                                                                                                                     restrictions found in the general                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                     regulations governing solid waste                       Kerri L. Cook, Facility Operations
                                                                                                                     disposal sites in units of the National                 Specialist, National Park Service, North
                                                                                                                     Park System.                                            Cascades National Park Complex, 810
                                                  DEPARTMENT OF THE INTERIOR
                                                                                                                     DATES: Comments must be received by                     State Route 20, Sedro-Woolley, WA
                                                  National Park Service                                              11:59 p.m. EST on October 13, 2015.                     98284; (360) 854–7280. Email: Kerri_
                                                                                                                     ADDRESSES: You may submit comments,                     Cook@nps.gov.
                                                  36 CFR Part 7                                                      identified by Regulation Identifier                     SUPPLEMENTARY INFORMATION:
                                                  [NPS–LACH–18360; PPPWNOCAM3                                        Number (RIN) 1024–AE09, by any of the
                                                                                                                     following methods:                                      Background
                                                  PPMOMFO1Z.F00000]
                                                                                                                        • Federal eRulemaking Portal: http://                  On December 22, 1994, the National
                                                  RIN 1024–AE09                                                      www.regulations.gov. Follow the                         Park Service (NPS) adopted the
                                                                                                                     instructions for submitting comments.                   regulations codified at 36 CFR part 6 to
                                                  Special Regulations, Areas of the
                                                                                                                        • Mail or hand deliver to: National                  implement a statutory requirement of
                                                  National Park System, Lake Chelan
                                                                                                                     Park Service, North Cascades National                   Public Law 98–506 (54 U.S.C. 100903)
                                                  National Recreation Area, Solid Waste
                                                                                                                     Park Complex, 810 State Route 20,                       (Act), which was enacted in 1984. The
                                                  Disposal
                                                                                                                     Sedro-Woolley, WA 98284, Attn: Kerri                    Act prohibits the operation of a solid
                                                  AGENCY:      National Park Service, Interior.                      L. Cook, Facility Operations Specialist.                waste disposal site within the boundary
                                                  ACTION:     Proposed rule.                                            Instructions: All submissions received               of any unit of the National Park System
                                                                                                                     must include the words ‘‘National Park                  except for those operating as of
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  SUMMARY:   The National Park Service                               Service’’ or ‘‘NPS’’ and the docket                     September 1, 1984, or those ‘‘used only
                                                  proposes to authorize a solid waste                                number or RIN (1024–AE09) for this                      for disposal of wastes generated within
                                                  transfer station near Stehekin,                                    rulemaking. Comments received will be                   that unit of the park system so long as
                                                  Washington, within the boundary of                                 posted without change to http://                        such site will not degrade any of the
                                                  Lake Chelan National Recreation Area,                              www.regulations.gov, including any                      natural or cultural resources of such
                                                  that does not meet all regulatory siting                           personal information provided. The                      park unit.’’ The Act directed the
                                                  criteria and accepts solid waste                                   NPS need not consider comments that it                  Secretary of the Interior to promulgate
                                                  generated within the boundary of the                               receives after the end of the comment                   regulations ‘‘to carry out the provisions


                                             VerDate Sep<11>2014      17:06 Jul 10, 2015     Jkt 235001    PO 00000     Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\13JYP1.SGM     13JYP1


                                                  39986                     Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules

                                                  of this subsection, including reasonable                 seasonal lodging, food operations, and                (ii) will likely be visible from scenic
                                                  regulations to mitigate the adverse                      other small businesses that help support              vistas and off-trail areas in designated
                                                  effects of solid waste disposal sites in                 35,000–45,000 park visitors annually.                 wilderness areas; (iii) may be heard
                                                  operation as of September 1, 1984, upon                  NPS operates the only facility in the                 from a campground (Harlequin
                                                  property of the United States.’’                         Stehekin Valley for the management of                 Campground); and (iv) may be
                                                     36 CFR part 6 regulates both existing                 solid waste. Waste consolidated at the                detectable by sight, sound, or odor from
                                                  and new solid waste disposal sites                       NPS transfer station is shipped by barge              a road open to public travel.
                                                  within the boundaries of any unit of the                 55 miles down the lake for ultimate                      The NPS has determined that in these
                                                  National Park System to ensure that                      disposal. Geographically isolated                     unique circumstances, it would best
                                                  operation of such sites will not degrade                 private residents and businesses in                   protect park resources to allow the NPS
                                                  the natural or cultural resources of the                 Stehekin have no feasible method of                   transfer station, whether at the existing
                                                  park unit. Transfer stations are included                properly disposing solid waste other                  or proposed location, to accept waste
                                                  in the definition of ‘‘solid waste                       than the NPS transfer station.                        generated by the community of
                                                  disposal site’’ in § 6.3 and are therefore               Consequently, NPS has for many years                  Stehekin, notwithstanding the
                                                  subject to 36 CFR part 6.                                accepted Stehekin community waste in                  prohibition on accepting non-NPS waste
                                                     Section 6.4(a) prohibits any person                   its transfer station to deter small dumps             in §§ 6.4(a)(1) and 6.8(a) and the siting
                                                  (including NPS) from operating a new                     on private lands and illegal dumping on               criteria in § 6.4(a)(9) and (10). Due to its
                                                  solid waste disposal site within the                     public lands. Although the Act does not               geographic isolation, the community of
                                                  boundaries of a park unit unless the                     prohibit NPS from receiving Stehekin                  Stehekin has no environmentally
                                                  criteria in § 6.4(a) are met. Section                    waste, this waste does not qualify as                 responsible or practicable alternative for
                                                  6.4(a)(1) requires that the solid waste                  waste generated from ‘‘National Park                  the disposal of its waste, much of which
                                                  handled by the site is generated solely                  Service activities’’ under the existing               is generated by the provision of
                                                  from ‘‘National Park Service activities,’’               regulations, so the current practice of               essential services to thousands of park
                                                  defined in § 6.3 as ‘‘operations                         accepting waste from Stehekin at the                  visitors each year. Prohibiting this
                                                  conducted by the National Park Service                   existing NPS transfer station conflicts               community from using the existing or
                                                  or a National Park Service contractor,                   with §§ 6.4(a)(1) and 6.8(a) of 36 CFR                proposed NPS transfer station could
                                                  concessionaire or commercial use                         part 6.                                               result in the illegal disposal of waste on
                                                  licensee.’’ Section 6.4(a)(9) requires that                 The existing NPS transfer station is               park lands, or other disposal practices
                                                  ‘‘the site is not located within one mile                located within the 100-year floodplain                which would degrade the natural
                                                  of a National Park Service visitor center,               and is part of a larger maintenance                   resources of LACH. In this exceptional
                                                  campground, ranger station, entrance                     facility that is being relocated outside of           situation, accepting non-NPS-generated
                                                  station, or similar public use facility, or              the Stehekin River floodplain due to                  waste for transfer and ultimate disposal
                                                  a residential area.’’ Section 6.4(a)(10)                 frequent flooding.1 The NPS seeks to                  outside the park boundary would pose
                                                  requires that the site is not detectable by              build a new transfer station at the site              significantly fewer environmental land
                                                  public sight, sound, or odor from a                      of the new maintenance facility in a                  use concerns than other alternatives.
                                                  scenic vista, a public use facility, a                   more environmentally suitable location                This determination is supported by the
                                                  designated or proposed wilderness area,                  within LACH but outside the 100-year                  analysis contained in the November
                                                  a site listed on (or eligible for listing on)            floodplain. The NPS has determined                    2014 Replacement of Administrative
                                                  the National Register of Historic Places,                that there is no available or suitable                Facilities at Stehekin Environmental
                                                  or a public road. Section 6.8(a) prohibits               nonfederal land, and a limited amount                 Assessment (EA), which examined the
                                                  the NPS from accepting waste at an NPS                   of buildable federal land, outside the                environmental impacts of the continued
                                                  operated solid waste disposal site,                      floodplain in the lower Stehekin River                operation of the existing NPS transfer
                                                  except for waste generated by NPS                        valley.2 The NPS has also determined                  station and the construction and
                                                  activities.                                              that, due to geographic constraints,                  operation of the new transfer station,
                                                                                                           there are no suitable locations for the               which will employ contemporary
                                                  Proposed Rule
                                                                                                           new transfer station that comply with                 environmental methods for handling
                                                     The NPS proposes a park-specific                      the site location requirements in                     waste.
                                                  regulation in 36 CFR 7.62 to authorize                   § 6.4(a)(9) and (10). Specifically, like the             The NPS promulgates a special
                                                  a limited exception to the part 6                        existing maintenance facility and                     regulation to authorize an exception to
                                                  requirements described above. The                        transfer station, the proposed site of the            a prohibition found in a general
                                                  proposed rule would authorize an NPS                     new transfer station: (i) Is located within           regulation only in limited
                                                  transfer station on federal lands near                   one mile of a campground (Harlequin                   circumstances. The only other
                                                  Stehekin, Washington, within the                         Campground) and residential housing;                  exceptions to the part 6 requirements
                                                  boundary of Lake Chelan National                                                                               have been granted by special regulation
                                                  Recreation Area (LACH or park), that                        1 For more information about flooding in the       for Alaskan parks under similar
                                                  does not satisfy all of the siting                       Stehekin River Channel Migration Zone and plans       circumstances, where geographically
                                                  requirements in part 6 and that accepts                  to move the existing maintenance facility, see the    isolated communities have no feasible
                                                                                                           Stehekin River Corridor Implementation Plan and
                                                  non-NPS waste generated by the                           Final Environmental Impact Statement (FEIS)
                                                                                                                                                                 alternative for solid waste disposal that
                                                  Stehekin community. The need for this                    which can be viewed at the park’s planning Web        complies with the part 6 requirements.
                                                  proposed regulation is explained below.                  site, http://www.nps.gov/noca/parkmgmt/               The proposed rule would accommodate
                                                     Stehekin is a remote community of                     planning.htm, then click on the link entitled         the exceptional circumstances of the
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                                                  approximately 75 year-round plus 80                      ‘‘Stehekin River Corridor Implementation Plan/
                                                                                                           Environmental Impact Statement (2012).’’
                                                                                                                                                                 Stehekin community, which is located
                                                  seasonal residents, located on privately                    2 See the Replacement of Administrative            in a remote area within the boundary of
                                                  owned land within the statutory                          Facilities at Stehekin Environmental Assessment       LACH and which has no other
                                                  boundary of LACH. Stehekin is located                    that tiers off the 2012 FEIS and specifically         practicable options for environmentally
                                                  at the head of 55-mile-long Lake Chelan                  evaluates what facilities would be constructed and    responsible solid-waste disposal. It is
                                                                                                           precisely where they would be located. This
                                                  and is accessible only by boat, float                    document can be viewed at http://
                                                                                                                                                                 designed only to authorize the operation
                                                  plane, or foot trail. Non-NPS services                   parkplanning.nps.gov/SMFRP by clicking on             of the existing transfer station and the
                                                  and facilities in Stehekin include                       ‘‘Document List.’’                                    proposed transfer station at the


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                                                                            Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules                                            39987

                                                  locations identified in the EA, which                    this proposed rule in a manner                        Civil Justice Reform (Executive Order
                                                  the NPS believes would best protect                      consistent with these requirements.                   12988)
                                                  park resources based upon the analysis                                                                            This proposed rule complies with the
                                                  contained in the EA. All other                           Regulatory Flexibility Act
                                                                                                                                                                 requirements of Executive Order 12988.
                                                  requirements in part 6 would remain in                      This rulemaking will not have a                    Specifically, this rule:
                                                  effect and apply to the existing and new                 significant economic effect on a                         a. Meets the criteria of section 3(a)
                                                  NPS transfer station, including the                      substantial number of small entities                  requiring that all regulations be
                                                  requirement in § 6.4(a)(3) that the site of              under the Regulatory Flexibility Act (5               reviewed to eliminate errors and
                                                  the existing and new facility ‘‘will not                 U.S.C. 601 et seq.). This certification is            ambiguity and be written to minimize
                                                  degrade any of the natural or cultural                   based on the benefit-cost and regulatory              litigation; and
                                                  resources’’ of LACH. The proposed rule                   flexibility analyses found in the report                 b. Meets the criteria of section 3(b)(2)
                                                  is consistent with the Act, which does                                                                         requiring that all regulations be written
                                                                                                           entitled ‘‘Benefit-Cost and Regulatory
                                                  not prohibit solid waste disposal sites                                                                        in clear language and contain clear legal
                                                                                                           Flexibility Analyses: Solid Waste
                                                  from handling waste generated by non-                                                                          standards.
                                                                                                           Management at Lake Chelan National
                                                  NPS activities provided the waste is
                                                                                                           Recreation Area’’ which can be viewed                 Consultation With Indian Tribes (E.O.
                                                  generated within a park unit and will
                                                                                                           online at http://parkplanning.nps.gov/                13175 and Department Policy)
                                                  not degrade any of the park unit’s
                                                  natural or cultural resources. The                       SMFRP by clicking the link entitled                      The Department of the Interior strives
                                                  proposed rule does not supersede or                      ‘‘Document List.’’                                    to strengthen its government-to-
                                                  replace other requirements applicable to                 Small Business Regulatory Enforcement                 government relationship with Indian
                                                  solid waste disposal sites, including the                Fairness Act (SBREFA)                                 Tribes through a commitment to
                                                  requirement (unless there is an                                                                                consultation with Indian Tribes and
                                                  approved waiver) in Director’s Order                        This proposed rule is not a major rule             recognition of their right to self-
                                                  #35B (Sale of National Park Service                      under 5 U.S.C. 804(2), the SBREFA.                    governance and tribal sovereignty. We
                                                  Produced Utilities) that NPS recover the                 This proposed rule:                                   have evaluated this proposed rule under
                                                  cost of utilities (including the collection                                                                    the criteria in Executive Order 13175
                                                                                                              a. Does not have an annual effect on
                                                  and disposal of solid waste) provided to                                                                       and under the Department’s tribal
                                                                                                           the economy of $100 million or more.
                                                  non-NPS users.                                                                                                 consultation policy and have
                                                     Under these circumstances, the NPS                       b. Will not cause a major increase in              determined that tribal consultation is
                                                  has determined that the exceptions to                    costs or prices for consumers,                        not required because the proposed rule
                                                  part 6 in the proposed rule are necessary                individual industries, Federal, State, or             will have no substantial direct effect on
                                                  and would protect park resources by                      local government agencies, or                         federally recognized Indian tribes.
                                                  authorizing the NPS to accept solid                      geographic regions.                                      In May and July 2014, the NPS sent
                                                  waste generated by the community of                         c. Does not have significant adverse               letters to the Tribal Historic
                                                  Stehekin in the existing and proposed                    effects on competition, employment,                   Preservation Officers for the Colville
                                                  transfer stations.                                       investment, productivity, innovation, or              Confederated Tribes and the
                                                                                                                                                                 Confederated Tribes and Bands of the
                                                  Compliance With Other Laws,                              the ability of U.S.-based enterprises to
                                                                                                                                                                 Yakama Nation inviting comment
                                                  Executive Orders, and Departmental                       compete with foreign-based enterprises.
                                                                                                                                                                 regarding the inventory, evaluation, and
                                                  Policy                                                   Unfunded Mandates Reform Act                          finding of no effect on cultural resources
                                                  Regulatory Planning and Review                                                                                 within the project area. This
                                                                                                              This proposed rule does not impose                 encompasses the relocation of all
                                                  (Executive Orders 12866 and 13563)
                                                                                                           an unfunded mandate on State, local, or               maintenance facilities, including the
                                                    Executive Order 12866 provides that                    tribal governments, or the private sector             transfer station, as proposed in the
                                                  the Office of Information and Regulatory                 of more than $100 million per year. The               preferred alternative (Alternative 2) in
                                                  Affairs (OIRA) in the Office of                          proposed rule does not have a                         the EA. These tribes did not identify any
                                                  Management and Budget will review all                    significant or unique effect on State,                significant concerns related to the
                                                  significant rules. OIRA has determined                   local, or tribal governments or the                   project.
                                                  that this proposed rule is not significant.              private sector. A statement containing
                                                    Executive Order 13563 reaffirms the                    the information required by the                       Paperwork Reduction Act of 1995 (44
                                                  principles of Executive Order 12866                      Unfunded Mandates Reform Act (2                       U.S.C. 3501 et seq.)
                                                  while calling for improvements in the                    U.S.C. 1531 et seq.) is not required.                   This proposed rule does not contain
                                                  nation’s regulatory system to promote                                                                          information collection requirements,
                                                  predictability, to reduce uncertainty,                   Takings (Executive Order 12630)                       and a submission to the Office of
                                                  and to use the best, most innovative,                                                                          Management and Budget under the
                                                  and least burdensome tools for                             This proposed rule does not affect a
                                                                                                           taking of private property or otherwise               Paperwork Reduction Act is not
                                                  achieving regulatory ends. The                                                                                 required. We may not conduct or
                                                  executive order directs agencies to                      have taking implications under
                                                                                                           Executive Order 12630. A takings                      sponsor and you are not required to
                                                  consider regulatory approaches that                                                                            respond to a collection of information
                                                  reduce burdens and maintain flexibility                  implication assessment is not required.
                                                                                                                                                                 unless it displays a currently valid OMB
                                                  and freedom of choice for the public                     Federalism (Executive Order 13132)                    control number.
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                                                  where these approaches are relevant,
                                                  feasible, and consistent with regulatory                   Under the criteria in section 1 of                  National Environmental Policy Act of
                                                  objectives. It emphasizes further that                   Executive Order 13132, this proposed                  1969 (NEPA)
                                                  regulations must be based on the best                    rule does not have sufficient federalism                We have prepared an environmental
                                                  available science and that the                           implications to warrant the preparation               assessment to determine whether this
                                                  rulemaking process must allow for                        of a Federalism summary impact                        rulemaking will have a significant
                                                  public participation and an open                         statement. A Federalism summary                       impact on the quality of the human
                                                  exchange of ideas. We have developed                     impact statement is not required.                     environment under NEPA. This


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                                                  39988                     Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules

                                                  proposed rule would implement part of                    be made publicly available at any time.               DEPARTMENT OF THE INTERIOR
                                                  the preferred alternative (Alternative 2)                While you can ask us in your comment
                                                  in the EA that is referenced above and                   to withhold your personal identifying                 National Park Service
                                                  available online at http://                              information from public review, we
                                                  parkplanning.nps.gov/SMFRP by                            cannot guarantee that we will be able to              36 CFR Part 13
                                                  clicking on ‘‘Document List.’’                           do so.
                                                                                                                                                                 [NPS–KLGO–18480; PPAKKLGOL0,
                                                  Effects on the Energy Supply (Executive                  List of Subjects in 36 CFR Part 7                     PPMPRLE1Z.L00000]
                                                  Order 13211)
                                                    This proposed rule is not a significant                  National parks, Reporting and                       RIN 1024–AE27
                                                  energy action under the definition in                    recordkeeping requirements.
                                                  Executive Order 13211. A Statement of                      In consideration of the foregoing, NPS              Special Regulations, Areas of the
                                                  Energy Effects is not required.                          proposes to amend 36 CFR part 7 as                    National Park System, Klondike Gold
                                                                                                                                                                 Rush National Historical Park, Horse
                                                  Clarity of This Regulation                               follows:
                                                                                                                                                                 Management
                                                     The NPS is required by Executive                      PART 7—SPECIAL REGULATIONS,                           AGENCY:    National Park Service, Interior.
                                                  Orders 12866 (section 1(b)(12)), 12988                   AREAS OF THE NATIONAL PARK
                                                  (section 3(b)(1)(B)), and 13563 (section                                                                       ACTION:   Proposed rule.
                                                                                                           SYSTEM
                                                  1(a)), and by the Presidential
                                                                                                                                                                 SUMMARY:    The National Park Service
                                                  Memorandum of June 1, 1998, to write
                                                                                                           ■ 1. The authority citation for part 7                proposes to revise the special
                                                  all rules in plain language. This means
                                                                                                           continues to read as follows:                         regulations for Klondike Gold Rush
                                                  that each rule we publish must:
                                                                                                                                                                 National Historical Park to close the
                                                     a. Be logically organized;                              Authority: 54 U.S.C. 100101, 100751,
                                                                                                                                                                 core Dyea Historic Townsite to the use
                                                     b. Use the active voice to address                    320102; Sec. 7.96 also issued under DC Code
                                                                                                           10–137 and DC Code 50–2201.07.
                                                                                                                                                                 of horses except by special use permit
                                                  readers directly;
                                                     c. Use common, everyday words and                                                                           issued by the superintendent.
                                                  clear language rather than jargon;                       ■ 2. In § 7.62, add paragraph (d) as                  DATES: Comments must be received by
                                                     d. Be divided into short sections and                 follows:                                              11:59 p.m. EST on September 11, 2015.
                                                  sentences; and                                                                                                 ADDRESSES: You may submit comments,
                                                                                                           § 7.62   Lake Chelan National Recreation
                                                     e. Use lists and tables wherever                      Area.                                                 identified by Regulation Identifier
                                                  possible.                                                                                                      Number (RIN) 1024–AE27, by either of
                                                     If you feel that we have not met these                *     *     *     *     *                             the following methods:
                                                  requirements, send us comments by one                      (d) Solid waste disposal. A solid                      • Federal eRulemaking Portal: http://
                                                  of the methods listed in ADDRESSES                       waste transfer station located near                   www.regulations.gov. Follow the
                                                  section above. To better help us revise                  Stehekin within the boundary of Lake                  instructions for submitting comments.
                                                  this proposed rule, your comments                        Chelan National Recreation Area must                     • Mail or hand deliver to: National
                                                  should be as specific as possible. For                   comply with all provisions in 36 CFR                  Park Service, Regional Director, Alaska
                                                  example, you should tell us the                          part 6, except it may:                                Regional Office, 240 West 5th Ave.,
                                                  numbers of the sections or paragraphs                                                                          Anchorage, AK 99501.
                                                                                                             (1) Accept solid waste generated
                                                  that you find unclear, which sections or                                                                          • Mail or hand deliver to: National
                                                  sentences are too long, the sections                     within the boundary of the park unit
                                                                                                                                                                 Park Service, Superintendent, Klondike
                                                  where you feel lists or tables would be                  that was not generated by National Park               Gold Rush National Historical Park, P.O.
                                                  useful, etc.                                             Service activities;                                   Box 517, Skagway, AK 99840.
                                                                                                             (2) Be located within one mile of a                 Comments can be hand-delivered to the
                                                  Drafting Information
                                                                                                           campground or a residential area;                     NPS office on 2nd and Broadway in
                                                    The primary author of this proposed                                                                          Skagway.
                                                                                                             (3) Be visible by the public from
                                                  regulation is Jay Calhoun, Regulations                                                                            Instructions: Comments will not be
                                                                                                           scenic vistas or off-trail areas in
                                                  Program Specialist, Division of                                                                                accepted by fax, email, or in any way
                                                                                                           designated wilderness areas;
                                                  Regulations, Jurisdiction, and Special                                                                         other than those specified above. All
                                                  Park Uses, National Park Service, 1849                     (4) Be detectable by the public by                  submissions received must include the
                                                  C Street NW., Washington, DC 20240.                      sound from a campground; and                          words ‘‘National Park Service’’ or
                                                  Public Participation                                       (5) Be detectable by the public by                  ‘‘NPS’’ and must include the docket
                                                                                                           sight, sound, or odor from a road open                number or RIN (1024–AE27) for this
                                                     It is the policy of the Department of                 to public travel.                                     rulemaking. Comments received will be
                                                  the Interior, whenever practicable, to                                                                         posted without change to http://
                                                  afford the public an opportunity to                        Dated: July 1, 2015.
                                                                                                                                                                 www.regulations.gov, including any
                                                  participate in the rulemaking process.                   Michael Bean,                                         personal information provided.
                                                  Accordingly, interested persons may                      Principal Deputy Assistant Secretary for Fish            Docket: For access to the docket to
                                                  submit written comments regarding this                   and Wildlife and Parks.                               read background documents or
                                                  proposed rule by one of the methods                      [FR Doc. 2015–17025 Filed 7–10–15; 8:45 am]           comments received, go to http://
                                                  listed in the ADDRESSES section above.
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                                                                                                           BILLING CODE 4310–EJ–P                                www.regulations.gov.
                                                  Public Availability of Comments                                                                                FOR FURTHER INFORMATION CONTACT:
                                                    Before including your address, phone                                                                         Andee Sears, Regional Law Enforcement
                                                  number, email address, or other                                                                                Specialist, Alaska Regional Office, 240
                                                  personal identifying information in your                                                                       West 5th Ave., Anchorage, AK 99501.
                                                  comment, you should be aware that                                                                              Phone (907) 644–3410. Email: AKR_
                                                  your entire comment—including your                                                                             Regulations@nps.gov
                                                  personal identifying information—may                                                                           SUPPLEMENTARY INFORMATION:



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Document Created: 2018-02-23 09:17:46
Document Modified: 2018-02-23 09:17:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by 11:59 p.m. EST on October 13, 2015.
ContactKerri L. Cook, Facility Operations Specialist, National Park Service, North Cascades National Park Complex, 810 State Route 20, Sedro-Woolley, WA 98284; (360) 854-7280. Email: [email protected]
FR Citation80 FR 39985 
RIN Number1024-AE09
CFR AssociatedNational Parks and Reporting and Recordkeeping Requirements

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