80_FR_66626 80 FR 66417 - Special Regulations, Areas of the National Park System, Klondike Gold Rush National Historical Park, Horse Management

80 FR 66417 - Special Regulations, Areas of the National Park System, Klondike Gold Rush National Historical Park, Horse Management

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 209 (October 29, 2015)

Page Range66417-66419
FR Document2015-27522

The National Park Service is revising the special regulations for Klondike Gold Rush National Historical Park to close the core Dyea Historic Townsite to the use of horses except by special use permit issued by the superintendent.

Federal Register, Volume 80 Issue 209 (Thursday, October 29, 2015)
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Rules and Regulations]
[Pages 66417-66419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27522]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

[NPS-KLGO-19374; PPAKKLGOL0, PPMPRLE1Z.L00000]
RIN 1024-AE27


Special Regulations, Areas of the National Park System, Klondike 
Gold Rush National Historical Park, Horse Management

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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[[Page 66418]]

SUMMARY: The National Park Service is revising the special regulations 
for Klondike Gold Rush National Historical Park to close the core Dyea 
Historic Townsite to the use of horses except by special use permit 
issued by the superintendent.

DATES: This rule is effective November 30, 2015.

FOR FURTHER INFORMATION CONTACT: Andee Sears, Regional Law Enforcement 
Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 
99501. Phone (907) 644-3410. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background and Significance of Klondike Gold Rush National Historical 
Park

    Klondike Gold Rush National Historical Park (KLGO or park) was 
established in 1976. The park includes 13,191 acres and is the only NPS 
area authorized and established solely to commemorate an American gold 
rush. The purpose of the park is to preserve for the benefit and 
inspiration of the people of the United States, the historic 
structures, trails, artifacts and landscapes and stories associated 
with the Klondike Gold Rush of 1898.
    Part of the park is the Dyea Historic Townsite, which served as the 
gateway community to the Chilkoot Trail. At the time of the Gold Rush, 
approximately 10,000 people lived in Dyea. Dyea is rich in surface 
artifacts and other remnants from the Klondike Gold Rush of 1898. 
Horses were a very important and visible component of the 1898 Klondike 
Gold Rush and the Dyea Historic Townsite from 1897 and for several 
decades afterward. Thousands of unique and irreplaceable cultural 
landscape features and artifacts remain within and above the top layers 
of soil, and as such are highly susceptible to damage from ground 
disturbance, including disturbance caused by unregulated horseback 
traffic.

Authority To Promulgate Regulations

    The National Park Service (NPS) manages KLGO under a statute 
commonly known as the NPS Organic Act of 1916 (Organic Act) (54 U.S.C. 
100101 et seq.), which gives the NPS broad authority to regulate the 
use of the park areas under its jurisdiction. The Organic Act 
authorizes the Secretary of the Interior, acting through NPS, to 
``prescribe such regulations as the Secretary considers necessary or 
proper for the use and management of [National Park] System units.'' 54 
U.S.C. 100751(a).
    Management of the park is also governed by the Alaska National 
Interest Lands Conservation Act (ANILCA). Horses at KLGO are a form of 
non-motorized surface transportation for traditional activities which 
is subject to Section 1110(a) of ANILCA. Under this section of ANILCA, 
such use is subject to reasonable regulations to protect the natural 
and other values of KLGO. Under the Department's regulations 
implementing this statutory provision at 43 CFR 36.11(h), NPS may 
permanently close an area to this form of transportation by regulation 
upon a finding by the NPS that the activity would be detrimental to the 
resource values of the area. Based upon the analysis in the Dyea Area 
Plan and Environmental Assessment (EA) and the associated Finding of No 
Significant Impact (FONSI), NPS finds that unregulated horse traffic in 
the Dyea Historic Townsite would be detrimental to the resource values 
of the area, namely the thousands of unique and irreplaceable cultural 
landscape features and artifacts that remain within and above the top 
layers of soil in the area.

Dyea Area Plan and Environmental Assessment and Final Rule

    In January 2014, the NPS completed the EA after providing an 
opportunity for public comment. The proposed action in the EA calls for 
eliminating horse traffic from the Dyea Historic Townsite except for 
limited and infrequent use on an established route by private, non-
commercial parties pursuant to a special use permit issued by the 
superintendent. In March 2014, the NPS held a public hearing in 
Skagway, AK for the proposed restrictions on horse use in the Dyea 
Historic Townsite in compliance with regulations at 43 CFR 36.11(h)(3). 
In September 2014, the Regional Director for the Alaska Region signed 
the FONSI identifying the proposed action in the EA as the selected 
action. The rule implements the selected action by closing the Dyea 
Historic Townsite to the use of horses except under a special use 
permit issued by the superintendent under 36 CFR 1.6 (Permits), the 
provisions of which apply to the permits issued by the superintendent. 
If, after observation, the superintendent determines that the desired 
condition, as defined in the EA, has deteriorated, the superintendent 
may include permit conditions to protect natural and cultural resources 
and, if necessary, cease issuing permits until impacts from prior uses 
of horses are mitigated. The superintendent may also adopt permit 
conditions to limit impacts from the use of horses on other user 
experiences.
    The closure area is a small 80 acre parcel encompassing the core 
Dyea Historic Townsite. Alternate routes have already been designated 
for commercial horse use outside the core Dyea Historic Townsite and 
noncommercial horse use will continue to be unrestricted outside the 
Historic Townsite.

Summary of Public Comments

    The NPS published the proposed rule at 80 FR 39988 (July 13, 2015). 
The NPS accepted comments through the mail, hand delivery, and through 
the Federal eRulemaking Portal at http://www.regulations.gov. The 
comment period was open through September 11, 2015. The NPS did not 
receive any comments on the proposed rule. The NPS did not make any 
substantive changes to the proposed rule, although the final rule 
clarifies that the superintendent will issue permits under 36 CFR 1.6.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Order 12866)

    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.
    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 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 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    This rule 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 cost-
benefit and regulatory flexibility analyses found in the reports 
entitled ``Regulatory Flexibility Threshold

[[Page 66419]]

Analysis: Special Regulations for Klondike Gold Rush National 
Historical Park'' and ``Preliminary Cost/Benefit Analysis: Special 
Regulations for Klondike Gold Rush National Historical Park in Alaska 
which can be viewed online at http://www.nps.gov/klgo/learn/management/documents.htm.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. 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.

Unfunded Mandates Reform Act

    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. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is therefore not required.

Takings (Executive Order 12630)

    This rule does not effect 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 rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. The rule is 
limited in effect to federal lands managed by the NPS in Alaska and 
will not have a substantial direct effect on state and local government 
in Alaska. A federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    1. 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
    2. 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) and 
ANCSA Corporations.

    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 criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and Alaska Native Claims 
Settlement Act (ANCSA) Corporations policy and have determined that 
tribal consultation is not required because the rulemaking will have no 
substantial direct effect on federally recognized Indian tribes or 
ANCSA Native Corporation lands, water areas, or resources. 
Nevertheless, the NPS sent copies of the draft plan and letters 
requesting government-to-government consultation to four nearby Native 
tribal governments, one of which is the Carcross/Tagish First Nations 
tribe in Carcross, Canada. Several meetings were held between 2012 and 
2013 with tribal governments in Skagway and Haines to discuss key 
components of the Dyea Area Plan and EA that were of interest to the 
local federally recognized tribes.

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

    This rule does not contain any new collections of information that 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act. OMB has approved the information collection 
requirements associated with NPS Special Park Use Permits and has 
assigned OMB Control Number 1024-0026 (expires 08/31/16). An agency may 
not conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required 
because we reached a Finding of No Significant Impact. The EA and FONSI 
are available online at http://www.nps.gov/klgo/learn/management/documents.htm.

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 is not 
required.

Drafting Information

    The primary authors of this regulation are Jay Calhoun, Regulations 
Program Specialist, National Park Service, Jenna Giddens of Kenai 
Fjords National Park, Andee Sears of the Alaska Regional Office, 
National Park Service, and Tim Steidel of Klondike Gold Rush National 
Historical Park.

List of Subjects in 36 CFR Part 13

    Alaska, National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service amends 
36 CFR part 13 as set forth below:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

0
1. The authority citation for part 13 continues 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.


0
2. Add Sec.  13.1408 to subpart Q to read as follows:


Sec.  13.1408  Dyea.

    The Dyea Historic Townsite is closed to the use of horses by 
members of the public except by special use permit issued by the 
Superintendent under Sec.  1.6 of this chapter. A map showing the 
boundaries of the Dyea Historic Townsite is available on the park Web 
site and at the park visitor center.

    Dated: October 21, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-27522 Filed 10-28-15; 8:45 am]
 BILLING CODE 4310-EJ-P



                                                              Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Rules and Regulations                                             66417

                                             Background                                              appropriate boundary line between the                 Berthold Designated Area as the ‘‘Little
                                               The final and temporary regulations                   North Fort Berthold and South Fort                    Missouri River;’’ at the technical
                                             (TD 9733) that are the subject of this                  Berthold Designated Areas and adding                  conference, ONRR would like to discuss
                                             correction are under sections 954 and                   additional counties to one or both of the             whether the Little Missouri River or the
                                             956 of the Internal Revenue Code.                       two Designated Areas in the Uintah and                county lines that follow the Missouri
                                                                                                     Ouray Reservation.                                    River is the appropriate boundary
                                             Need for Correction                                        Date And Address: ONRR will hold                   between the North Fort Berthold and
                                               As published, the final and temporary                 two sessions for the technical                        South Fort Berthold Designated Areas.
                                             regulations (TD 9733) contain errors that               conference. The first session will be                 (2) ONRR found at least one Indian lease
                                             may prove to be misleading and are in                   held in person on November 20, 2015,                  that is in Wasatch County in the Uintah
                                             need of clarification.                                  at 9:00 a.m. Mountain Time in Denver,                 and Ouray Reservation. In addition,
                                                                                                     Colorado. The location will be at the                 ONRR identified two other counties in
                                             Correction of Publication                               Office of Natural Resources Revenue,                  the Uintah and Ouray Reservation that
                                                Accordingly, the final and temporary                 Denver Federal Center, 6th Avenue and                 do not currently have Indian leases:
                                             regulations (TD 9733), that are the                     Kipling Street, Building 85,                          Carbon and Emery Counties. However
                                             subject of FR Doc. 2015–21574, are                      Auditoriums A–D, Denver, Colorado                     these Counties could have Indian leases
                                             corrected as follows:                                   80226.                                                in the future. Because the current
                                                1. On page 52977, in the preamble,                      The second session will be a                       designated areas list only includes
                                             the first column, under the paragraph                   teleconference on November 20, 2015, at               Uintah, Duchesne, and Grand Counties
                                             heading ‘‘Background’’, the second line                 2:00 p.m. Mountain Time. To call into                 on the Uintah and Ouray Reservation,
                                             of the paragraph, the language ‘‘to 26                  the second session please call 1–866–                 ONRR would like to discuss adding
                                             CFR part 1 under of the Internal’’ is                   778–1299, and use participant code                    Wasatch County to the Uintah and
                                             corrected to read ‘‘to 26 CFR part 1                    5826518.                                              Ouray—Duchesne County Designated
                                             under section 956 of the Internal’’.                       To RSVP for either one of these two                Area. ONRR would also like to discuss
                                                2. On page 52979, in the preamble,                   sessions, please email Elizabeth Dawson               whether to include Carbon and Emery
                                             the second column, the first line of the                at lisa.dawson@onrr.gov or call (303)                 Counties in either the Uintah and
                                             column, the language ‘‘the active                       231–3653.                                             Ouray—Uintah and Grand Counties or
                                             development test in §§ 1.954–’’ is                         If you cannot participate in either                Uintah and Ouray—Duchesne County
                                             corrected to read ‘‘the active                          session and would like to provide                     Designated Areas.
                                             development test in § 1.954–’’.                         comments, please email us at                            ONRR will not consider or discuss
                                                3. On page 52979, in the preamble,                   ONRRIndianOilRuleQuestions@onrr.gov                   other issues associated with these or
                                             the second column, the twentieth line of                by November 30, 2015.                                 other designated areas at the technical
                                             the column, the language ‘‘§§ 1.954–                    FOR FURTHER INFORMATION CONTACT:                      conference.
                                             2T(c)(2)(iii)(E), (c)(2)(viii),’’ is corrected          Elizabeth Dawson, ONRR, telephone                       We encourage stakeholders and
                                             to read ‘‘§ 1.954–2T(c)(2)(iii)(E),                     (303) 231–3653, or email at                           members of the public to participate in
                                             (c)(2)(viii),’’.                                        lisa.dawson@onrr.gov.                                 one of the two conference sessions. The
                                                4. On page 52979, in the preamble,                   SUPPLEMENTARY INFORMATION: Under the                  conference sessions will be open to the
                                             the second column, the twelfth line                     new Indian oil valuation amendments                   public without advance registration.
                                             from the bottom of the column, the                      (80 FR 24794—May 1, 2015), ONRR                       However, attendance may be limited to
                                             language ‘‘that such rents or royalties                 uses designated areas to calculate index-             the space available. Each attendee will
                                             that are’’ is corrected to read that such               based major portion prices for lessees to             be required to present a valid picture ID
                                             rents or royalties are’’.                               comply with the major portion                         in order to gain entry into the Denver
                                                                                                     provisions in their leases. Designated                Federal Center and Building 85.
                                             Martin V. Franks,
                                                                                                     areas are those areas ONRR identifies as                Dated: October 14, 2015.
                                             Chief, Publications and Regulations Branch,
                                             Legal Processing Division, Associate Chief              unique based on their location and                    Gregory J. Gould,
                                             Counsel (Procedure and Administration).                 crude type produced from Indian lands.                Director, Office of Natural Resources
                                             [FR Doc. 2015–27604 Filed 10–28–15; 8:45 am]
                                                                                                     When ONRR proposed the new Indian                     Revenue.
                                                                                                     oil valuation amendments (79 FR                       [FR Doc. 2015–27250 Filed 10–28–15; 8:45 am]
                                             BILLING CODE 4830–01–P
                                                                                                     35102—June 19, 2014), we proposed                     BILLING CODE 4335–30–P
                                                                                                     sixteen initial Designated Areas.
                                                                                                     Generally, these Designated Areas were
                                             DEPARTMENT OF THE INTERIOR
                                                                                                     the Indian reservation boundaries.                    DEPARTMENT OF THE INTERIOR
                                             Office of Natural Resources Revenue                     However, there are five Designated
                                                                                                     Areas that are not the reservation                    National Park Service
                                             30 CFR Parts 1206 and 1210                              boundaries: Oklahoma; North Fort
                                                                                                     Berthold; South Fort Berthold; Uintah &               36 CFR Part 13
                                             [Docket No. ONRR–2015–0002; DS63610000                  Ouray: Uintah and Grand Counties; and
                                             DR2PS0000.CH7000 156D0102R2]                                                                                  [NPS–KLGO–19374; PPAKKLGOL0,
                                                                                                     Uintah and Ouray: Duschene County.                    PPMPRLE1Z.L00000]
                                                                                                        Under the new Indian Oil Valuation
                                             Technical Conference                                                                                          RIN 1024–AE27
                                                                                                     Amendments—and in order to modify
                                             AGENCY: Office of Natural Resources                     or change an existing Designated Area—
                                                                                                     ONRR must convene a technical                         Special Regulations, Areas of the
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                                             Revenue (ONRR), Interior.
                                                                                                     conference. See 30 CFR 1206.51. In                    National Park System, Klondike Gold
                                             ACTION: Notification of technical
                                                                                                     implementing the rule, ONRR                           Rush National Historical Park, Horse
                                             conference.                                                                                                   Management
                                                                                                     discovered two potential issues: (1) The
                                             SUMMARY:   ONRR will convene a                          preamble describes the dividing line                  AGENCY:    National Park Service, Interior.
                                             technical conference on November 20,                    between the North Fort Berthold
                                                                                                                                                           ACTION:   Final rule.
                                             2015, to discuss two issues: (1) The                    Designated Area and the South Fort


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                                             66418            Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Rules and Regulations

                                             SUMMARY:   The National Park Service is                    Management of the park is also                       The closure area is a small 80 acre
                                             revising the special regulations for                    governed by the Alaska National Interest              parcel encompassing the core Dyea
                                             Klondike Gold Rush National Historical                  Lands Conservation Act (ANILCA).                      Historic Townsite. Alternate routes have
                                             Park to close the core Dyea Historic                    Horses at KLGO are a form of non-                     already been designated for commercial
                                             Townsite to the use of horses except by                 motorized surface transportation for                  horse use outside the core Dyea Historic
                                             special use permit issued by the                        traditional activities which is subject to            Townsite and noncommercial horse use
                                             superintendent.                                         Section 1110(a) of ANILCA. Under this                 will continue to be unrestricted outside
                                                                                                     section of ANILCA, such use is subject                the Historic Townsite.
                                             DATES: This rule is effective November                  to reasonable regulations to protect the
                                             30, 2015.                                               natural and other values of KLGO.                     Summary of Public Comments
                                             FOR FURTHER INFORMATION CONTACT:                        Under the Department’s regulations                       The NPS published the proposed rule
                                             Andee Sears, Regional Law Enforcement                   implementing this statutory provision at              at 80 FR 39988 (July 13, 2015). The NPS
                                             Specialist, Alaska Regional Office, 240                 43 CFR 36.11(h), NPS may permanently                  accepted comments through the mail,
                                             West 5th Ave., Anchorage, AK 99501.                     close an area to this form of                         hand delivery, and through the Federal
                                             Phone (907) 644–3410. Email: AKR_                       transportation by regulation upon a                   eRulemaking Portal at http://
                                             Regulations@nps.gov.                                    finding by the NPS that the activity                  www.regulations.gov. The comment
                                             SUPPLEMENTARY INFORMATION:                              would be detrimental to the resource                  period was open through September 11,
                                                                                                     values of the area. Based upon the                    2015. The NPS did not receive any
                                             Background and Significance of                          analysis in the Dyea Area Plan and                    comments on the proposed rule. The
                                             Klondike Gold Rush National                             Environmental Assessment (EA) and the                 NPS did not make any substantive
                                             Historical Park                                         associated Finding of No Significant                  changes to the proposed rule, although
                                                Klondike Gold Rush National                          Impact (FONSI), NPS finds that                        the final rule clarifies that the
                                             Historical Park (KLGO or park) was                      unregulated horse traffic in the Dyea                 superintendent will issue permits under
                                             established in 1976. The park includes                  Historic Townsite would be detrimental                36 CFR 1.6.
                                             13,191 acres and is the only NPS area                   to the resource values of the area,
                                                                                                     namely the thousands of unique and                    Compliance With Other Laws,
                                             authorized and established solely to                                                                          Executive Orders, and Department
                                             commemorate an American gold rush.                      irreplaceable cultural landscape features
                                                                                                     and artifacts that remain within and                  Policy
                                             The purpose of the park is to preserve
                                             for the benefit and inspiration of the                  above the top layers of soil in the area.             Regulatory Planning and Review
                                             people of the United States, the historic               Dyea Area Plan and Environmental                      (Executive Order 12866)
                                             structures, trails, artifacts and                       Assessment and Final Rule                               Executive Order 12866 provides that
                                             landscapes and stories associated with                     In January 2014, the NPS completed                 the Office of Information and Regulatory
                                             the Klondike Gold Rush of 1898.                         the EA after providing an opportunity                 Affairs (OIRA) in the Office of
                                                Part of the park is the Dyea Historic                for public comment. The proposed                      Management and Budget will review all
                                             Townsite, which served as the gateway                   action in the EA calls for eliminating                significant rules. OIRA has determined
                                             community to the Chilkoot Trail. At the                 horse traffic from the Dyea Historic                  that this rule is not significant.
                                             time of the Gold Rush, approximately                    Townsite except for limited and                         Executive Order 13563 reaffirms the
                                             10,000 people lived in Dyea. Dyea is                    infrequent use on an established route                principles of Executive Order 12866
                                             rich in surface artifacts and other                     by private, non-commercial parties                    while calling for improvements in the
                                             remnants from the Klondike Gold Rush                    pursuant to a special use permit issued               nation’s regulatory system to promote
                                             of 1898. Horses were a very important                   by the superintendent. In March 2014,                 predictability, to reduce uncertainty,
                                             and visible component of the 1898                       the NPS held a public hearing in                      and to use the best, most innovative,
                                             Klondike Gold Rush and the Dyea                         Skagway, AK for the proposed                          and least burdensome tools for
                                             Historic Townsite from 1897 and for                     restrictions on horse use in the Dyea                 achieving regulatory ends. The
                                             several decades afterward. Thousands of                 Historic Townsite in compliance with                  executive order directs agencies to
                                             unique and irreplaceable cultural                       regulations at 43 CFR 36.11(h)(3). In                 consider regulatory approaches that
                                             landscape features and artifacts remain                 September 2014, the Regional Director                 reduce burdens and maintain flexibility
                                             within and above the top layers of soil,                for the Alaska Region signed the FONSI                and freedom of choice for the public
                                             and as such are highly susceptible to                   identifying the proposed action in the                where these approaches are relevant,
                                             damage from ground disturbance,                         EA as the selected action. The rule                   feasible, and consistent with regulatory
                                             including disturbance caused by                         implements the selected action by                     objectives. Executive Order 13563
                                             unregulated horseback traffic.                          closing the Dyea Historic Townsite to                 emphasizes further that regulations
                                             Authority To Promulgate Regulations                     the use of horses except under a special              must be based on the best available
                                                                                                     use permit issued by the superintendent               science and that the rulemaking process
                                                The National Park Service (NPS)                      under 36 CFR 1.6 (Permits), the                       must allow for public participation and
                                             manages KLGO under a statute                            provisions of which apply to the                      an open exchange of ideas. We have
                                             commonly known as the NPS Organic                       permits issued by the superintendent. If,             developed this rule in a manner
                                             Act of 1916 (Organic Act) (54 U.S.C.                    after observation, the superintendent                 consistent with these requirements.
                                             100101 et seq.), which gives the NPS                    determines that the desired condition,
                                             broad authority to regulate the use of the              as defined in the EA, has deteriorated,               Regulatory Flexibility Act
                                             park areas under its jurisdiction. The                  the superintendent may include permit                    This rule will not have a significant
                                             Organic Act authorizes the Secretary of                                                                       economic effect on a substantial number
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                                                                                                     conditions to protect natural and
                                             the Interior, acting through NPS, to                    cultural resources and, if necessary,                 of small entities under the Regulatory
                                             ‘‘prescribe such regulations as the                     cease issuing permits until impacts from              Flexibility Act (5 U.S.C. 601 et seq.).
                                             Secretary considers necessary or proper                 prior uses of horses are mitigated. The               This certification is based on the cost-
                                             for the use and management of [National                 superintendent may also adopt permit                  benefit and regulatory flexibility
                                             Park] System units.’’ 54 U.S.C.                         conditions to limit impacts from the use              analyses found in the reports entitled
                                             100751(a).                                              of horses on other user experiences.                  ‘‘Regulatory Flexibility Threshold


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                                                              Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Rules and Regulations                                            66419

                                             Analysis: Special Regulations for                       reviewed to eliminate errors and                      www.nps.gov/klgo/learn/management/
                                             Klondike Gold Rush National Historical                  ambiguity and be written to minimize                  documents.htm.
                                             Park’’ and ‘‘Preliminary Cost/Benefit                   litigation; and
                                                                                                        2. Meets the criteria of section 3(b)(2)           Effects on the Energy Supply (Executive
                                             Analysis: Special Regulations for
                                                                                                     requiring that all regulations be written             Order 13211)
                                             Klondike Gold Rush National Historical
                                             Park in Alaska which can be viewed                      in clear language and contain clear legal               This rule is not a significant energy
                                             online at http://www.nps.gov/klgo/                      standards.                                            action under the definition in Executive
                                             learn/management/documents.htm.                                                                               Order 13211. A Statement of Energy
                                                                                                     Consultation With Indian tribes (E.O.
                                                                                                     13175 and Department Policy) and                      Effects is not required.
                                             Small Business Regulatory Enforcement
                                             Fairness Act                                            ANCSA Corporations.                                   Drafting Information
                                                This rule is not a major rule under 5                   The Department of the Interior strives               The primary authors of this regulation
                                             U.S.C. 804(2), the Small Business                       to strengthen its government-to-                      are Jay Calhoun, Regulations Program
                                             Regulatory Enforcement Fairness Act.                    government relationship with Indian                   Specialist, National Park Service, Jenna
                                             This rule:                                              Tribes through a commitment to                        Giddens of Kenai Fjords National Park,
                                                a. Does not have an annual effect on                 consultation with Indian tribes and                   Andee Sears of the Alaska Regional
                                             the economy of $100 million or more.                    recognition of their right to self-                   Office, National Park Service, and Tim
                                                b. Will not cause a major increase in                governance and tribal sovereignty. We                 Steidel of Klondike Gold Rush National
                                             costs or prices for consumers,                          have evaluated this rule under the                    Historical Park.
                                             individual industries, federal, state, or               criteria in Executive Order 13175 and
                                                                                                     under the Department’s tribal                         List of Subjects in 36 CFR Part 13
                                             local government agencies, or
                                             geographic regions                                      consultation policy and Alaska Native                   Alaska, National parks, Reporting and
                                                c. Does not have significant adverse                 Claims Settlement Act (ANCSA)                         recordkeeping requirements.
                                             effects on competition, employment,                     Corporations policy and have                            In consideration of the foregoing, the
                                             investment, productivity, innovation, or                determined that tribal consultation is                National Park Service amends 36 CFR
                                             the ability of U.S. based enterprises to                not required because the rulemaking                   part 13 as set forth below:
                                             compete with foreign-based enterprises.                 will have no substantial direct effect on
                                                                                                     federally recognized Indian tribes or                 PART 13—NATIONAL PARK SYSTEM
                                             Unfunded Mandates Reform Act                            ANCSA Native Corporation lands, water                 UNITS IN ALASKA
                                                This rule does not impose an                         areas, or resources. Nevertheless, the
                                             unfunded mandate on State, local, or                    NPS sent copies of the draft plan and                 ■ 1. The authority citation for part 13
                                             tribal governments or the private sector                letters requesting government-to-                     continues to read as follows:
                                             of more than $100 million per year. The                 government consultation to four nearby                   Authority: 16 U.S.C. 3124; 54 U.S.C.
                                             rule does not have a significant or                     Native tribal governments, one of which               100101, 100751, 320102; Sec. 13.1204 also
                                             unique effect on State, local or tribal                 is the Carcross/Tagish First Nations                  issued under Sec. 1035, Pub. L. 104–333, 110
                                             governments or the private sector. A                    tribe in Carcross, Canada. Several                    Stat. 4240.
                                             statement containing the information                    meetings were held between 2012 and                   ■ 2. Add § 13.1408 to subpart Q to read
                                             required by the Unfunded Mandates                       2013 with tribal governments in                       as follows:
                                             Reform Act (2 U.S.C. 1531 et seq.) is                   Skagway and Haines to discuss key
                                             therefore not required.                                 components of the Dyea Area Plan and                  § 13.1408   Dyea.
                                                                                                     EA that were of interest to the local                    The Dyea Historic Townsite is closed
                                             Takings (Executive Order 12630)
                                                                                                     federally recognized tribes.                          to the use of horses by members of the
                                               This rule does not effect a taking of                                                                       public except by special use permit
                                             private property or otherwise have                      Paperwork Reduction Act (44 U.S.C.
                                                                                                     3501 et seq.)                                         issued by the Superintendent under
                                             taking implications under Executive                                                                           § 1.6 of this chapter. A map showing the
                                             Order 12630. A takings implication                        This rule does not contain any new                  boundaries of the Dyea Historic
                                             assessment is not required.                             collections of information that require               Townsite is available on the park Web
                                                                                                     approval by the Office of Management                  site and at the park visitor center.
                                             Federalism (Executive Order 13132)                      and Budget (OMB) under the Paperwork
                                               Under the criteria in section 1 of                    Reduction Act. OMB has approved the                     Dated: October 21, 2015.
                                             Executive Order 13132, this rule does                   information collection requirements                   Michael Bean,
                                             not have sufficient federalism                          associated with NPS Special Park Use                  Principal Deputy Assistant Secretary for Fish
                                             implications to warrant the preparation                 Permits and has assigned OMB Control                  and Wildlife and Parks.
                                             of a Federalism summary impact                          Number 1024–0026 (expires 08/31/16).                  [FR Doc. 2015–27522 Filed 10–28–15; 8:45 am]
                                             statement. The rule is limited in effect                An agency may not conduct or sponsor                  BILLING CODE 4310–EJ–P
                                             to federal lands managed by the NPS in                  and a person is not required to respond
                                             Alaska and will not have a substantial                  to a collection of information unless it
                                             direct effect on state and local                        displays a currently valid OMB control                DEPARTMENT OF VETERANS
                                             government in Alaska. A federalism                      number.                                               AFFAIRS
                                             summary impact statement is not
                                                                                                     National Environmental Policy Act
                                             required.                                                                                                     38 CFR Part 17
                                                                                                       This rule does not constitute a major
                                             Civil Justice Reform (Executive Order                   Federal action significantly affecting the            RIN 2900–AP24
rmajette on DSK7SPTVN1PROD with RULES




                                             12988)                                                  quality of the human environment. A
                                               This rule complies with the                           detailed statement under the National                 Expanded Access to Non-VA Care
                                             requirements of Executive Order 12988.                  Environmental Policy Act of 1969 is not               Through the Veterans Choice Program
                                             Specifically, this rule:                                required because we reached a Finding                 AGENCY:    Department of Veterans Affairs.
                                               1. Meets the criteria of section 3(a)                 of No Significant Impact. The EA and
                                                                                                                                                           ACTION:   Final rule.
                                             requiring that all regulations be                       FONSI are available online at http://


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Document Created: 2015-12-14 15:21:37
Document Modified: 2015-12-14 15:21:37
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 November 30, 2015.
ContactAndee Sears, Regional Law Enforcement Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Phone (907) 644-3410. Email: [email protected]
FR Citation80 FR 66417 
RIN Number1024-AE27
CFR AssociatedAlaska; National Parks and Reporting and Recordkeeping Requirements

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