81 FR 71026 - General Regulations; Areas of the National Park System, Sale and Distribution of Printed Matter and Other Message Bearing Items
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 81, Issue 199 (October 14, 2016)
National Park Service
Federal Register Volume 81, Issue 199 (October 14, 2016)
| Page Range | 71026-71029 | |
| FR Document | 2016-24641 |
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)] [Proposed Rules] [Pages 71026-71029] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24641] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 2 [NPS-WASO-21549; GPO Deposit Account 4311H2] RIN 1024-AE32 General Regulations; Areas of the National Park System, Sale and Distribution of Printed Matter and Other Message Bearing Items AGENCY: National Park Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The National Park Service (NPS) proposes to revise its general rule governing the sale and distribution of printed matter to include the free distribution of message-bearing items that do not meet the NPS regulatory definition of ``printed matter.'' This change would give visitors an alternative channel of communication while protecting the resources and values of the National Park System. DATES: Comments must be received by December 13, 2016. ADDRESSES: You may submit comments, identified by the Regulation Identifier Number (RIN) 1024-AE32, by any of the following methods:Electronically: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments after searching for ``RIN 1024-AE32''. Hard copy: Mail or hand-deliver to: Lee Dickinson, Special Park Uses National Manager, 1849 C St. NW., MS 2355, Washington, DC 20240. Instructions: It is the policy of the Department of the Interior, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. All comments received must include the agency name and RIN for this rulemaking. Comments [[Page 71027]] received will be posted without change to http://www.regulations.gov, including any personal information provided. Comments will not be accepted by fax, email, or in any way other than those specified above, and bulk comments in any format (hard copy or electronic) submitted on behalf of others will not be considered. Organizations should direct their members to submit comments individually using one of the methods described above. 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. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination. Please make your comments as specific as possible and explain the basis for them. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Lee Dickinson, Special Park Use Program Manager, at (202) 513-7092 or [email protected]. SUPPLEMENTARY INFORMATION: Background National Park System Currently consisting of over 400 units in 50 states, the District of Columbia and multiple territories, the National Park System covers more than 84 million acres. These units are located in a wide range of environments as diverse as the United States itself. The size of these units also varies tremendously, ranging from Wrangell-St. Elias National Park and National Preserve, Alaska, at 13.2 million acres, to Thaddeus Kosciuszko National Memorial, Pennsylvania, at 0.02 acres. About one-third of the units--such as Great Smoky Mountains National Park, Tennessee; Grand Canyon National Park, Arizona; Everglades National Park, Florida; and Hawaii Volcanoes National Parks, Hawaii--preserve nature's many and varied gifts to the nation. The other two-thirds of the units recognize benchmarks of human history in America. These units protect elements of great native cultures, far older than European exploration and settlement; present battle sites from the Revolutionary and Civil Wars--including the key surrender fields of both great conflicts; embrace Thomas Edison's New Jersey laboratories where he and his staff led a technological revolution more dramatic even than the coming of the computer age; and more. These historical park units reflect the development of both art and industry in America, along with landmarks of social and political change. As a broader understanding of history took hold, the National Park System eventually grew to include the historic homes of civil rights, political, and corporate leaders, and the lands of the poor, struggling to build lives for themselves on a Nebraska homestead claim or in an urban community. It now embraces the birthplace, church, and grave of Dr. Martin Luther King at Martin Luther King, Jr. National Historical Site, Georgia; the birth of jazz at New Orleans Jazz National Historical Park, Louisiana; the flowering of a literary giant at the Eugene O'Neill National Historical Site, California; and the artistic grace of a great sculptor's studios at Saint-Gaudens National Historical Site, New Hampshire. Because of the lessons they help us remember, the National Park System also includes the Japanese American World War II internment camp in the desert at Manzanar National Historical Site, California, as well as Andersonville National Historical Site, Georgia, one of the very bleakest of the Civil War prison sites. The National Park System is habitat for 247 threatened or endangered species, has more than 167 million items in museum collections, has 75,000 archaeological sites, and 27,000 historic and prehistoric structures. The National Park System also has an extensive physical infrastructure, which includes thousands of buildings, tens of thousands of miles of trails and roads, and almost 30,000 housing units, campgrounds, and picnic areas as well as 3,000 water and waste water treatment systems. Over 307 million visitors visited the National Park System in 2015, where visitors find not only visual, educational, and recreational experiences but also inspirational, contemplative, and spiritual experiences. For Native Americans, certain national parks are also considered sacred religious sites, where the National Park Service (NPS) asks visitors to respect these long-held beliefs, such as by voluntarily not walking under a natural bridge. Proposed Rule First Amendment activities in units of the national park system are governed by longstanding but ever-evolving First Amendment jurisprudence; by the statutes and regulations governing the national park system as a whole; and by park-specific statutes and regulations. Title 36 CFR 2.52 currently allows the sale or distribution only of printed matter and only in areas of a park designated by the superintendent. The regulation defines ``printed matter'' as ``message- bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising.'' The NPS recognizes, however, that items other than ``printed matter'' may also contain or present speech, either literal or symbolic, that is not solely commercial and whose expression may be protected by the First Amendment. Accordingly, the NPS now proposes to allow the free distribution of message-bearing items other than printed matter in areas of a park designated by the superintendent, subject to compliance with the regulations at 36 CFR 2.51, 2.52, and 5.3. These items include readable electronic media like CDs, DVDs, and flash drives; articles of clothing like hats and accessories like buttons and pins; key chains; and bumper stickers.\1\ --------------------------------------------------------------------------- \1\ This proposed rule therefore enshrines in regulation NPS Policy Memorandum 14-01, (January 28, 2014), which requires superintendents to allow the free distribution of message-bearing items to the public other than printed matter, so long as the activity occurs within an area designated as available for First Amendment activities under 36 CFR 2.51(c)(l) and otherwise complies with 36 CFR 2.52. --------------------------------------------------------------------------- Under the proposed rule, message-bearing items other than printed matter may not be sold within a park unit; they may only be distributed free of charge. This restriction is necessary to prevent the proliferation of unregulated commercial activity that would be inconsistent with park resources and values, that would impinge upon and degrade park scenery, and that would disrupt the atmosphere of peace and tranquility that is an important part of the visitor experience in many park units. The proposed revision to Sec. 2.52 to allow the free distribution of other message-bearing items, is consistent with the NPS's National Capital Region (NCR) regulation, 36 CFR 7.96(k), that allows the free distribution of other message-bearing items. As discussed in the preambles to the proposed and final rules for the NCR regulation, 59 FR 25855 (1994) and 60 FR 17639 (1995), the NPS promulgated Sec. 7.96 to resolve [[Page 71028]] serious issues created by unregulated sales of merchandise on NPS- administered lands that resulted in conflicting and excessive commercialism; degraded aesthetic values; had negative impacts on visitor circulation and contemplation and historic scenes; and inhibited the conservation of park property. In upholding the constitutionality of the NCR regulation limiting the sales of such items, the U.S. Court of Appeals for the District of Columbia Circuit found that the regulation was ``content neutral'' and ``narrowly tailored to serve significant government interests'' and offered ``ample alternative channels of communication'' insofar as ``members may display and give the audio tapes and [religious] beads to members of the public so long as they do not try to exact a payment or request a donation in exchange for them.'' ISKCON of Potomac v. Kennedy, 61 F.3d 949, 952, 958 (D.C. Cir. 1995). Compliance With Other Laws, Executive Orders, and Department Policy Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules. The Office of Information and Regulatory Affairs 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.). The rule expands opportunities for individuals and organizations to engage in small-group demonstrations and the sale or distribution of printed matter for which no permit need be issued. Other organizations with interest in the rule will not be effected economically. 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. It addresses public use of national park lands, and imposes no requirements on other agencies or governments. 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 rule does not effect a taking of private property or otherwise have takings implications under Executive Order 12630. A takings implication assessment is not required. Federalism (Executive Order 13132) Under the criteria in section 1 of Executive Order 13132, the rule does not have sufficient federalism implications to warrant the preparation of a Federalism summary impact statement. This proposed rule only affects use of federally-administered lands and waters. It has no outside effects on other areas. A Federalism summary impact statement is not required. Civil Justice Reform (Executive Order 12988) This rule complies with the requirements of Executive Order 12988. This rule: (a) Meets the criteria of section 3(a) requiring 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 (Executive Order 13175 and Department Policy) The Department of the Interior strives to strengthen its government-to-government relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the criteria in Executive Order 13175 and under the Department's tribal consultation policy and have determined that tribal consultation is not required because the rule will have no substantial direct effect on federally recognized Indian tribes. Paperwork Reduction Act 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 10/31/16). 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 of 1969 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 (NEPA) is not required because the rule is covered by a categorical exclusion. We have determined that the rule is categorically excluded under 516 DM 12.5(A)(10) as it is a modification of existing NPS regulations that does not increase public use to the extent of compromising the nature and character of the area or causing physical damage to it. Further, the rule will not result in the introduction of incompatible uses which might compromise the nature and characteristics of the area or cause physical damage to it. Finally, the rule will not conflict with adjacent ownerships or lands uses, or cause a nuisance to adjacent owners or occupants. We have also determined that the rule does not involve any of the [[Page 71029]] extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. Effects on the Energy Supply (Executive Order 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. Clarity of This Rule We are 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 the ADDRESSES section. To better help us revise the 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. List of Subjects in 36 CFR Part 2 Environmental protection, National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the National Park Service proposes to amend 36 CFR part 2 as set forth below: PART 2--RESOURCE PROTECTION, PUBLIC USE AND RECREATION 0 1. The authority citation for Part 2 continues to read as follows: Authority: 54 U.S.C. 100101, 100751, 320102. 0 2. Amend Sec. 2.52 as follows: 0 a. Revise the section heading. 0 b. Revise the paragraph (a) subject heading. 0 c. Add two sentences at the end of paragraph (a). 0 d. Revise paragraph (b) introductory text. The revisions and additions to read as follows: Sec. 2.52 Sale of printed matter and the distribution of printed matter and other message-bearing items. (a) Printed Matter and Other Message Bearing Items. * * * The term ``other message-bearing items'' means a message-bearing item that is not ``printed matter,'' that is distributed free of charge and without asking for payment or a donation, and is not solely commercial advertising. Other message-bearing items include, but are not limited to: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers. (b) Permits and the small group permit exception. The sale or distribution of printed matter, and the free distribution of other message-bearing items, is allowed within park areas if it occurs in an area designated as available under Sec. 2.51(c)(2) and when the superintendent has issued a permit for the activity, except that: * * * * * Dated: October 4, 2016. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016-24641 Filed 10-13-16; 8:45 am] BILLING CODE 4312-52-P
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Register, the IRS is issuing temporary 553(b) of the Administrative Procedure The revisions and additions read as
regulations under section 165(i) of the Act (5 U.S.C. chapter 5) does not apply follows:
Internal Revenue Code (Code) relating to to these regulations, and because the
the election to take a disaster loss in the regulation does not impose a collection § 1.165–11 Election in respect of losses
attributable to a disaster.
preceding year. The text of those of information on small entities, the
temporary regulations also serves as the Regulatory Flexibility Act (5 U.S.C. (a) through (i) [Reserved]. [The text of
text of these proposed regulations. This chapter 6) does not apply. Pursuant to proposed § 1.165–11(a) through (i) is the
document also invites comments from section 7805(f) of the Internal Revenue same as the text of § 1.165–11T(a)
the public regarding these proposed Code, this notice of proposed through (i) published elsewhere in this
regulations. rulemaking will be submitted to the issue of the Federal Register].
DATES: Written or electronic comments Chief Counsel for Advocacy of the Small John Dalrymple,
and requests for a public hearing must Business Administration for comment Deputy Commissioner for Services and
be received by January 12, 2017. on its impact on small business. Enforcement.
ADDRESSES: Send submissions to Comments and Requests for a Public [FR Doc. 2016–24674 Filed 10–13–16; 8:45 am]
CC:PA:LPD:PR (REG–150992–13), Room Hearing BILLING CODE 4830–01–P
5203, Internal Revenue Service, POB
7604, Ben Franklin Station, Washington, Before these proposed regulations are
DC 20044. Submissions may be hand- adopted as final regulations,
consideration will be given to any DEPARTMENT OF THE INTERIOR
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m. written comments (a signed original and National Park Service
to: CC:PA:LPD:PR (REG–150992–13), eight (8) copies) or electronic comments
Courier’s Desk, Internal Revenue that are submitted timely to the IRS. The 36 CFR Part 2
Service, 1111 Constitution Avenue NW., Department of the Treasury and the IRS
request comments concerning the [NPS–WASO–21549; GPO Deposit Account
Washington, DC, or sent electronically 4311H2]
via the Federal eRulemaking Portal at extension of the due date by which a
www.regulations.gov (IRS REG–150992– taxpayer may make a section 165(i)
RIN 1024–AE32
13). election, as well as the time and manner
in which a taxpayer may revoke a General Regulations; Areas of the
FOR FURTHER INFORMATION CONTACT:
section 165(i) election. All comments National Park System, Sale and
Concerning the proposed regulations,
will be available for public inspection Distribution of Printed Matter and
Daniel Cassano at (202) 317–7011;
and copying. Other Message Bearing Items
concerning comments or a request for a
A public hearing will be scheduled if
public hearing, Oluwafunmilayo Taylor AGENCY: National Park Service, Interior.
requested in writing by any person who
(202) 317–6901 (not toll-free numbers).
timely submits comments. If a public ACTION: Proposed rule.
SUPPLEMENTARY INFORMATION:
hearing is scheduled, notice of the date,
Background and Explanation of time, and place for the public hearing SUMMARY: The National Park Service
Provisions will be published in the Federal (NPS) proposes to revise its general rule
Register. governing the sale and distribution of
Final and temporary regulations in printed matter to include the free
the Rules and Regulations section of this Drafting Information distribution of message-bearing items
issue of the Federal Register amend the that do not meet the NPS regulatory
The principal authors of these
Income Tax Regulations (26 CFR part 1) definition of ‘‘printed matter.’’ This
regulations are Daniel Cassano and
relating to section 165(i) of the Code. change would give visitors an
Christopher Wrobel of the Office of the
The temporary regulations extend the alternative channel of communication
Associate Chief Counsel (Income Tax &
due date by which a taxpayer may elect while protecting the resources and
Accounting). However, other personnel
to treat an allowable loss occurring in a values of the National Park System.
from the Department of the Treasury
disaster area and attributable to a
and the IRS participated in their DATES: Comments must be received by
Federally declared disaster as sustained
development. December 13, 2016.
in the taxable year immediately prior to
the taxable year in which the disaster List of Subjects in 26 CFR Part 1 ADDRESSES: You may submit comments,
occurred, as provided in section 165(i). identified by the Regulation Identifier
Income taxes, Reporting and Number (RIN) 1024–AE32, by any of the
The temporary regulations provide rules recordkeeping requirements.
governing the time and manner of following methods:
making a section 165(i) election, as well Amendments to the Regulations • Electronically: Federal eRulemaking
as the time and manner of revoking a Portal: http://www.regulations.gov.
Accordingly, the Internal Revenue Follow the instructions for submitting
section 165(i) election. The text of those Service proposes to amend 26 CFR part
temporary regulations also serves as the comments after searching for ‘‘RIN
1 as follows: 1024–AE32’’.
text of these proposed regulations. The
preamble to the temporary regulations PART 1— INCOME TAXES • Hard copy: Mail or hand-deliver to:
explains the amendments. Lee Dickinson, Special Park Uses
■ 1. The authority citation for part 1 National Manager, 1849 C St. NW., MS
Special Analyses 2355, Washington, DC 20240.
ehiers on DSK5VPTVN1PROD with PROPOSALS
continues to read, in part. as follows:
Certain IRS regulations, including Instructions: It is the policy of the
Authority: 26 U.S.C. 7805 * * *
these, are exempt from the requirements Department of the Interior, whenever
of Executive Order 12866, as ■ 2. Section 1.165–11 is amended by: practicable, to afford the public an
supplemented and reaffirmed by ■ a. Removing and reserving paragraphs opportunity to participate in the
Executive Order 13563. Therefore, a (a) through (e) and rulemaking process. All comments
regulatory assessment is not required. It ■ b. Adding reserved paragraphs (f) received must include the agency name
also has been determined that section through (i). and RIN for this rulemaking. Comments
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serious issues created by unregulated in small-group demonstrations and the ambiguity and be written to minimize
sales of merchandise on NPS- sale or distribution of printed matter for litigation; and
administered lands that resulted in which no permit need be issued. Other (b) Meets the criteria of section 3(b)(2)
conflicting and excessive organizations with interest in the rule requiring that all regulations be written
commercialism; degraded aesthetic will not be effected economically. in clear language and contain clear legal
values; had negative impacts on visitor standards.
Small Business Regulatory Enforcement
circulation and contemplation and Consultation With Indian Tribes
Fairness Act
historic scenes; and inhibited the (Executive Order 13175 and
conservation of park property. In This rule is not a major rule under 5
Department Policy)
upholding the constitutionality of the U.S.C. 804(2), the Small Business
NCR regulation limiting the sales of Regulatory Enforcement Fairness Act. The Department of the Interior strives
such items, the U.S. Court of Appeals This rule: to strengthen its government-to-
for the District of Columbia Circuit (a) Does not have an annual effect on government relationship with Indian
found that the regulation was ‘‘content the economy of $100 million or more. tribes through a commitment to
neutral’’ and ‘‘narrowly tailored to serve (b) Will not cause a major increase in consultation with Indian tribes and
significant government interests’’ and costs or prices for consumers, recognition of their right to self-
offered ‘‘ample alternative channels of individual industries, Federal, State, or governance and tribal sovereignty. We
communication’’ insofar as ‘‘members local government agencies, or have evaluated this rule under the
may display and give the audio tapes geographic regions. criteria in Executive Order 13175 and
and [religious] beads to members of the (c) Does not have significant adverse under the Department’s tribal
public so long as they do not try to exact effects on competition, employment, consultation policy and have
a payment or request a donation in investment, productivity, innovation, or determined that tribal consultation is
exchange for them.’’ ISKCON of the ability of U.S.-based enterprises to not required because the rule will have
Potomac v. Kennedy, 61 F.3d 949, 952, compete with foreign-based enterprises. no substantial direct effect on federally
958 (D.C. Cir. 1995). recognized Indian tribes.
Unfunded Mandates Reform Act
Compliance With Other Laws, Paperwork Reduction Act
This rule does not impose an
Executive Orders, and Department unfunded mandate on State, local, or This rule does not contain any new
Policy tribal governments or the private sector collections of information that require
Regulatory Planning and Review of more than $100 million per year. The approval by the Office of Management
(Executive Orders 12866 and 13563) rule does not have a significant or and Budget (OMB) under the Paperwork
unique effect on State, local or tribal Reduction Act. OMB has approved the
Executive Order 12866 provides that governments or the private sector. It information collection requirements
the Office of Information and Regulatory addresses public use of national park associated with NPS Special Park Use
Affairs in the Office of Management and lands, and imposes no requirements on Permits and has assigned OMB Control
Budget will review all significant rules. other agencies or governments. A Number 1024–0026 (expires 10/31/16).
The Office of Information and statement containing the information An agency may not conduct or sponsor
Regulatory Affairs has determined that required by the Unfunded Mandates and a person is not required to respond
this rule is not significant. Reform Act (2 U.S.C. 1531 et seq.) is not to a collection of information unless it
Executive Order 13563 reaffirms the required. displays a currently valid OMB control
principles of Executive Order 12866 number.
while calling for improvements in the Takings (Executive Order 12630)
nation’s regulatory system to promote National Environmental Policy Act of
This rule does not effect a taking of
predictability, to reduce uncertainty, 1969
private property or otherwise have
and to use the best, most innovative, takings implications under Executive This rule does not constitute a major
and least burdensome tools for Order 12630. A takings implication Federal action significantly affecting the
achieving regulatory ends. The assessment is not required. quality of the human environment. A
executive order directs agencies to detailed statement under the National
consider regulatory approaches that Federalism (Executive Order 13132) Environmental Policy Act of 1969
reduce burdens and maintain flexibility Under the criteria in section 1 of (NEPA) is not required because the rule
and freedom of choice for the public Executive Order 13132, the rule does is covered by a categorical exclusion.
where these approaches are relevant, not have sufficient federalism We have determined that the rule is
feasible, and consistent with regulatory implications to warrant the preparation categorically excluded under 516 DM
objectives. Executive Order 13563 of a Federalism summary impact 12.5(A)(10) as it is a modification of
emphasizes further that regulations statement. This proposed rule only existing NPS regulations that does not
must be based on the best available affects use of federally-administered increase public use to the extent of
science and that the rulemaking process lands and waters. It has no outside compromising the nature and character
must allow for public participation and effects on other areas. A Federalism of the area or causing physical damage
an open exchange of ideas. We have summary impact statement is not to it. Further, the rule will not result in
developed this rule in a manner required. the introduction of incompatible uses
consistent with these requirements. which might compromise the nature
Civil Justice Reform (Executive Order
ehiers on DSK5VPTVN1PROD with PROPOSALS
and characteristics of the area or cause
Regulatory Flexibility Act 12988) physical damage to it. Finally, the rule
This rule will not have a significant This rule complies with the will not conflict with adjacent
economic effect on a substantial number requirements of Executive Order 12988. ownerships or lands uses, or cause a
of small entities under the Regulatory This rule: nuisance to adjacent owners or
Flexibility Act (5 U.S.C. 601 et seq.). (a) Meets the criteria of section 3(a) occupants.
The rule expands opportunities for requiring that all regulations be We have also determined that the rule
individuals and organizations to engage reviewed to eliminate errors and does not involve any of the
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extraordinary circumstances listed in 43 § 2.52 Sale of printed matter and the information you consider to be
CFR 46.215 that would require further distribution of printed matter and other Confidential Business Information (CBI)
analysis under NEPA. message-bearing items. or other information whose disclosure is
(a) Printed Matter and Other Message restricted by statute.
Effects on the Energy Supply (Executive Bearing Items. * * * The term ‘‘other • Mail: OPP Docket, Environmental
Order 13211) message-bearing items’’ means a Protection Agency Docket Center (EPA/
This rule is not a significant energy message-bearing item that is not DC), (28221T), 1200 Pennsylvania Ave.
action under the definition in Executive ‘‘printed matter,’’ that is distributed free NW., Washington, DC 20460–0001.
Order 13211. A Statement of Energy of charge and without asking for • Hand Delivery: To make special
Effects is not required. payment or a donation, and is not solely arrangements for hand delivery or
commercial advertising. Other message- delivery of boxed information, please
Clarity of This Rule bearing items include, but are not follow the instructions at http://
We are required by Executive Orders limited to: Readable electronic media www.epa.gov/dockets/contacts.html.
12866 (section 1(b)(12)), 12988 (section such as CDs, DVDs, and flash drives; Additional instructions on commenting
3(b)(1)(B)), and 13563 (section 1(a)), and clothing and accessories such as hats or visiting the docket, along with more
by the Presidential Memorandum of and key chains; buttons; pins; and information about dockets generally, is
June 1, 1998, to write all rules in plain bumper stickers. available at http://www.epa.gov/
language. This means that each rule we (b) Permits and the small group dockets.
publish must: permit exception. The sale or FOR FURTHER INFORMATION CONTACT:
distribution of printed matter, and the Michael Goodis, Registration Division
(a) Be logically organized;
free distribution of other message- (7505P), Office of Pesticide Programs,
(b) Use the active voice to address bearing items, is allowed within park
readers directly; Environmental Protection Agency, 1200
areas if it occurs in an area designated Pennsylvania Ave. NW., Washington,
(c) Use common, everyday words and as available under § 2.51(c)(2) and when DC 20460–0001; main telephone
clear language rather than jargon; the superintendent has issued a permit number: (703) 305–7090; email address:
(d) Be divided into short sections and for the activity, except that: RDFRNotices@epa.gov.
sentences; and * * * * * SUPPLEMENTARY INFORMATION:
(e) Use lists and tables wherever Dated: October 4, 2016.
possible. I. General Information
Michael Bean,
If you feel that we have not met these Principal Deputy Assistant Secretary for Fish A. Does this action apply to me?
requirements, send us comments by one and Wildlife and Parks. You may be potentially affected by
of the methods listed in the ADDRESSES [FR Doc. 2016–24641 Filed 10–13–16; 8:45 am] this action if you are an agricultural
section. To better help us revise the BILLING CODE 4312–52–P producer, food manufacturer, or
rule, your comments should be as pesticide manufacturer. The following
specific as possible. For example, you list of North American Industrial
should tell us the numbers of the ENVIRONMENTAL PROTECTION Classification System (NAICS) codes is
sections or paragraphs that you find AGENCY not intended to be exhaustive, but rather
unclear, which sections or sentences are provides a guide to help readers
too long, the sections where you feel 40 CFR Part 180 determine whether this document
lists or tables would be useful, etc. applies to them. Potentially affected
[EPA–HQ–OPP–2008–0824; FRL–9952–75]
List of Subjects in 36 CFR Part 2 entities may include:
RIN 2070–ZA16 • Crop production (NAICS code 111).
Environmental protection, National • Animal production (NAICS code
parks, Reporting and recordkeeping Tebufenozide; Proposed Pesticide 112).
requirements. Tolerance • Food manufacturing (NAICS code
In consideration of the foregoing, the AGENCY: Environmental Protection 311).
National Park Service proposes to • Pesticide manufacturing (NAICS
Agency (EPA).
amend 36 CFR part 2 as set forth below: code 32532).
ACTION: Proposed rule.
B. What should I consider as I prepare
PART 2—RESOURCE PROTECTION, SUMMARY: This document proposes to my comments for EPA?
PUBLIC USE AND RECREATION establish tolerances for residues of 1. Submitting CBI. Do not submit this
tebufenozide in or on multiple information to EPA through
■ 1. The authority citation for Part 2 commodities which are identified and
continues to read as follows: regulations.gov or email. Clearly mark
discussed later in this document and the part or all of the information that
Authority: 54 U.S.C. 100101, 100751, amend the existing tolerance for you claim to be CBI. For CBI
320102. almond, hulls under the Federal Food, information in a disk or CD–ROM that
■ 2. Amend § 2.52 as follows: Drug, and Cosmetic Act (FFDCA). you mail to EPA, mark the outside of the
DATES: Comments must be received on disk or CD–ROM as CBI and then
■ a. Revise the section heading.
or before December 13, 2016. identify electronically within the disk or
■ b. Revise the paragraph (a) subject
ADDRESSES: Submit your comments, CD–ROM the specific information that
ehiers on DSK5VPTVN1PROD with PROPOSALS
heading.
identified by docket identification (ID) is claimed as CBI. In addition to one
■ c. Add two sentences at the end of
number EPA–HQ–OPP–2008–0824, by complete version of the comment that
paragraph (a). one of the following methods: includes information claimed as CBI, a
■ d. Revise paragraph (b) introductory • Federal eRulemaking Portal: http:// copy of the comment that does not
text. www.regulations.gov. Follow the online contain the information claimed as CBI
The revisions and additions to read as instructions for submitting comments. must be submitted for inclusion in the
follows: Do not submit electronically any public docket. Information so marked
VerDate Sep<11>2014 13:01 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\14OCP1.SGM 14OCP1](https://thefederalregister.org/doc/81_FR_71225/page/4.svg)
Document Created: 2016-10-14 00:00:24
Document Modified: 2016-10-14 00:00:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by December 13, 2016. | |
| Contact | Lee Dickinson, Special Park Use Program Manager, at (202) 513-7092 or [email protected] | |
| FR Citation | 81 FR 71026 | |
| RIN Number | 1024-AE32 | |
| CFR Associated | Environmental Protection; National Parks and Reporting and Recordkeeping Requirements |
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